An Ethics Reform/Form of Government Spat in Cuyahoga County
In your county, a major corruption investigation is being conducted by
the FBI. Already, nearly twenty county employees, city building
inspectors, and businessmen have pleaded guilty (see an earlier <a href="http://www.cityethics.org/node/763"><b>blog post</b></a> on the
investigation). Others are holding out. What do you do?<br>
<br>
The usual answer is to create an effective ethics program. In Cuyahoga
County, which includes Cleveland, two sets of officials are instead
talking about the need for ethics reform while putting forward separate
citizen initiatives to change the form of the county's government.<br>
<br>
One initiative, called Issue #5, is very simple: Shall a county
charter commission be chosen (that is, to discuss changing the form of government)? This initiative is supported by the
county treasurer and sheriff, and the Cleveland mayor and council (with
four rare <span></span><a href="http://www.cleveland.com/cityhall/index.ssf/2009/10/clevelands_city_cou…;),
and was sponsored by two of the three county commissioners, who would
lose their jobs under the other initiative, Issue #6. Issue #5 is also
supported by the AFL-CIO. <br>
<br>
Issue #6, which came first but qualified second, was drafted by the
county prosecutor (who also acts as county attorney, that is, the
lawyer for the commissioners pushing Issue #5) and the mayor of Parma
Heights, and is supported by the chamber of commerce. It proposes a
specific restructuring, replacing the three commissioners with an
elected
county executive and an 11-member council. Many elected positions would
become appointed positions, with the executive appointing and the
council confirming. The county prosecutor, of course, would still be
elected, but would only handle criminal matters.<br>
<br>
This proposed form of
government
puts a lot more power in the hands of one individual, which is supposed
to provide better accountability, if you limit your concept of
accountability to direct election of one individual (see pp. 68-73 of
my <a href="http://www.catbirdpress.com/formsofgovt/formsreport.pdf"><b>essay</b></…;
on
charter reform in Connecticut for a broader concept of accountability).<br>
<br>
A succinct explanation of the initiatives can be found <a href="http://shakerlwv.org/category/2009-voters-guide/guide-to-issues-5-6/"><…;.
The supporters of each initiative have their own slate of candidates
for the charter commission (the #6ers are covering all the bases: if they lose the initiative vote, they might still get a majority on the charter commission).<br>
<br>
There are also battles going on involving government ethics. One big ethics battle involves
patronage. According to an <a href="http://blog.cleveland.com/metro/2009/10/issue_5_supporters_want_mason.h…;
in the Cleveland <i>Plain Dealer</i>, the #5ers are asking the county
prosecutor (a drafter of #6) to give back over $100,000 in
contributions he legally received from his employees and their families
since 2006. According to another <i>Plain Dealer</i> <a href="http://blog.cleveland.com/metro/2009/10/issue_5_candidaayes_plege_not.h…;,
candidates supporting #5 are promising not to solicit or accept
contributions from any county employee, but they are not doing what
they are asking the county prosecutor to do, and he's called them on
this. In other words, this battle is more political
than ethical.<br>
<br>
The other big ethics battle involves future ethics reform. According to yet
another <i>Plain Dealer</i> <a href="http://blog.cleveland.com/metro/2009/10/issue_5_and_issue_5_backers_ea…;,
the #5ers and #6ers "accused each other
of being unable to uphold promises to create a code of ethics for
county officials. Those on both sides of the debate agree a code of
ethics policy is
needed in county government ... And both sides claim that if they are
successful a policy would be
adopted. But each side claims the other lacks the power to uphold the
promise." This ethics battle sounds on the level of a
playground spat.<br>
<br>
Changing the form of government is often an effective way to deal with
problems such as those in Cuyahoga County. But it's unlikely that many
voters understand the choices they face here, or
believe that either side will do what is necessary to bring a good
ethical environment to their county.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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