Misuse of Official Commendations
Local governments often give special recognition to individuals and
organizations. It's part of promoting the good works that are being
done in the community. But it is also, of course, a form of
preferential treatment. For every individual and organization that
is recognized for good works, there are many others that are not
recognized.<br>
<br>
If each high-level official could provide his own special
recognition to individuals and organizations in the community, then
everyone would have a better chance of being recognized. But there
would also be more chance for the misuse of office to reward (and
obtain) supporters and contributors rather
than good works, and to get in the good graces of various
constituencies in the community.<br>
<br>
This interesting issue arises from a front page <a href="http://mobile.nytimes.com/article?a=891627&single=1&f=22" target="”_blank”">article
in today's New York <i>Times</i></a> about the frequency with which New
York City's comptroller has handed out official commendations, 760
of them in his two years in office, a little more than one a day.
Not only does he make the commendations, but he gives priority to
the ceremonies attached to them. Unlike other officials, he usually
delivers the commendations personally at events.<br>
<br>
In other words, what could be considered a minor official duty that
takes little time, can be turned into a form of campaigning (the
comptroller is running for mayor), a misuse of office for political
purposes.<br>
<br>
So what's wrong with this? Ethics codes limit gifts <i>to</i> officials,
not gifts <i>by</i> officials (and even then, commendations are usually
excepted). New York's mayor gives millions of dollars in
contributions to nonprofits that do business with the city (and that
also testify on his behalf before the city council and other bodies;
see <a href="http://www.cityethics.org/node/536" target="”_blank”">my blog post</a>
on this). What's wrong with a few hundred commendations?<br>
<br>
Government ethics involves relationships and obligations. The
direction of those relationships and obligations is not important.
The reason there are one-way laws, such as gift laws, is that
officials usually don't have money to give; they're recipients of
money. But government ethics is not just about money, and
obligations are not only based on gifts that have monetary value. A
commendation from the city, given in front of one's organization,
friends, and family, is worth a great deal.<br>
<br>
The comptroller isn't the only one to make so many commendations, or
to make them to individuals rather than organizations. The borough
presidents make many of them, as well. The fact that these are
primarily ceremonial positions doesn't matter, because the people
who take these positions often seek higher office, and they run from
a strong community base, which is built on relationships with
individuals and organizations in the community. Commendations are a
great way to help build relationships with constituencies in the
community. But they involve a mixing of government office with
campaigning, which are supposed to be kept as separate as possible.<br>
<br>
Commendations are hardly the worst kind of preferential treatment,
but they point to two major weaknesses of ethics code: their
focus on money and their focus on conduct rather than relationships
and obligations. Money may make the world go round, but not all by
itself. We are social animals that love attention, recognition, and
ceremony. Relationships are important to us, and they give rise to
obligations. Equally, the lack of recognition for the great majority
of individuals makes them feel that the deck is stacked, that you
have to be a player to be recognized with an award and a visit from
a high-level official. This creates bad feelings about government
officials.<br>
<br>
An ethics commission faced with such conduct can draft an advisory opinion that explains to officials why this conduct is a form of preferential treatment and creates an appearance of impropriety, recommending that it not be done, especially by officials who are running for office.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
203-859-1959