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Opening Up Access to Ethics Disclosure
Thursday, May 1st, 2014
Robert Wechsler
States can make life difficult for local government ethics programs.
For example, according to
an article in the Baltimore Sun on Sunday, 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.
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.
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:
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.
Robert Wechsler
Director of Research-Retired, City Ethics
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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.
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:
§7-3. Record of inspections.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).
The Executive Director must require each person who inspects or copies a statement filed under this
subtitle to:
(1) identify himself or herself; and
(2) record:(i) his or her name, home address, telephone number, and organization represented; and
(ii) the name of the person whose statement was inspected or copied.
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.
Robert Wechsler
Director of Research-Retired, City Ethics
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