Opening Up Access to Ethics Disclosure
States can make life difficult for local government ethics programs.
For example, according to<a href="http://www.baltimoresun.com/news/maryland/sun-investigates/bs-md-sun-in…; target="”_blank”">
an article in the Baltimore <i>Sun</i> on Sunday</a>, in Maryland, local governments
have to use the same rules for access to ethics disclosures as the
state does. And the state's rules are designed to prevent access.<br>
<br>
The state requires that anyone who wants online access to ethics
disclosures has to come into its Annapolis office to register,
present ID, and provide contact information. And they must use
a computer terminal in the office to access the information.<br>
<br>
Therefore, Baltimore citizens also have to go to their ethics
board's office to register before they may have access to ethics disclosures that have recently been put online. The state requirement is even included
in the city's ethics code:<blockquote>
§7-3. Record of inspections.<br>
The Executive Director must require each person who inspects or
copies a statement filed under this<br>
subtitle to:<br>
(1) identify himself or herself; and<br>
<br>
(2) record:<ul>
(i) his or her name, home address, telephone number, and
organization represented; and<br>
(ii) the name of the person whose statement was inspected or copied.</ul></blockquote>
In addition, according to the article, officials and employees can
ask that they be notified whenever an individual accesses their
disclosures. In other words, in Baltimore transparency is a two-way
street. I can't think of a better way to scare people off from
looking at public information (luckily it won't stop reporters, and
luckily this is extremely unusual).<br>
<br>
The state and city should end these requirements. In the 21st
century, public information should be publicly available online
without the need to register. This should apply to all disclosures, including annual,
transactional, and applicant. The
state ethics commission should be asked to justify its position on
state disclosure laws and, if the matter cannot be solved through a
reinterpretation, state and local ECs should together lobby the
state legislature in order to change the law, so that local laws may be changed, as well.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
---