Going Beyond Dismissal to Provide Useful Guidance
<a href="http://www.cityethics.org/content/poor-ethics-code-language" target="”_blank”">A
week ago, I wrote</a> about a poorly written provision in Denver's
ethics code, and the danger it poses not only to Denver, but also
elsewhere, since local governments in Colorado and in other
states are apt to look at the ethics code of such a large,
well-respected city (although now that its highness has two
meanings, who knows).<br>
<br>
On a happier note, this post will look at an excellent decision by
Denver's ethics board (attached; see below) relating to this very
provision, as well as other, related provisions, and the situation
that led to the editorial on which I based my post. The board
dismissed the complaint because, even if all its facts were true, it
determined that there would be no ethics violation.<br>
<br>
What is special is that the board did not simply dismiss the
complaint, as most do, either without another word or with a short
look at the stated facts and the law. The board effectively acknowledged the limitations of the gift provision: "[T]he Board’s decision should not
be read to constitute an endorsement of the practice of accepting
gifts by elected officials under circumstances akin to those at
issue here."<br>
<br>
The board went beyond the limitations of the particular provision to explain that all ethics provisions are
minimum requirements:<blockquote>
While particular conduct may be permitted by certain narrow
exceptions to the Code and, therefore, be permissible within the
“letter” of the Code, the prevailing “spirit” of the Code counsels
our elected officials to avoid any appearance of impropriety. ...
This can best be achieved by interpreting the Code as establishing
minimum standards for ethical conduct, and by encouraging our
elected officials and City employees to exercise transparency and
prudent judgment in order to avoid those circumstances when they
should refrain from conduct that may otherwise be permitted by the
terms of the Code.</blockquote>
The board doesn't stop there. It provides the further guidance of
encouraging officials to "exercise a proactive approach to ethical
issues" by seeking advance advice from the board and making
disclosures of major gifts not on the day required, but as soon as
possible, to ensure transparency. The board also promises that it
will do its best to schedule special meetings to render advisory opinions as
swiftly as possible. It might even allow its director to render informal advice, especially when time is limited, if this is not already allowed.<br>
<br>
Many ethics boards themselves do the minimum possible. They dismiss
a complaint and leave it at that, without recognizing that they can
use the occasion, especially when a matter is receiving attention in
the news media, to put the matter in perspective and provide more
general guidance so that officials are more likely to seek ethics advice and prevent even legal situations
from undermining the public's trust in them.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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