You are here
The Problem with Legislative Ethics Waivers
Thursday, May 8th, 2014
Robert Wechsler
Many government ethics professionals don't like waivers. I think
they're valuable. Basically, they are requests for an advisory
opinion in which the official recognizes that certain conduct would
constitute an ethics violation, but wants a determination that he
can engage in the conduct due to special circumstances. The
result of such a determination is the creation of a new, narrow
exception to a rule. This is a good way of preventing bad unforeseen
consequences of a rule. But waivers must be given only after a public hearing.
The value of a government ethics waiver is completely different when it is not an independent ethics officer or commission who makes the determination, and when there are no special circumstances that require a new exception. In fact, a waiver given by one or more officials without a very good reason sends the message that officials won't apply ethics rules when they don't feel like it or will favor certain of their colleagues (and, if they are in need of a waiver in the future, themselves). This makes a mockery of an ethics program and undermines the public's trust.
According to a recent article in the Advocate, this sort of harmful self-waivering is common in the Louisiana legislature. By a vote of 58-24, the house approved a waiver for a former state senator to lobby the legislature even though his brother is a member and, therefore, he is prohibited from lobbying the legislature.
It's hard to believe that the former senator would be destitute if he did not lobby the state legislature. The reason given for allowing the waiver, by the state representative who filed a legislative immunity complaint back in 2007, is that "similar instances were approved in the past." In other words, the state legislature can ignore the ethics law for no reason other than it has ignored it in the past for other people. It doesn't even have to amend the law. It can effectively do so under the radar. In fact, the bill does not even provide the lobbyist's name. It simply says that “the immediate family member was a registered lobbyist ....for at least one year prior to Jan. 9, 2012.” This is not a transparent or fair waiver process. Such waivers should end.
See my 2012 blog post about the problems with local bills providing ethics waivers, also in Louisiana.
Robert Wechsler
Director of Research-Retired, City Ethics
---
The value of a government ethics waiver is completely different when it is not an independent ethics officer or commission who makes the determination, and when there are no special circumstances that require a new exception. In fact, a waiver given by one or more officials without a very good reason sends the message that officials won't apply ethics rules when they don't feel like it or will favor certain of their colleagues (and, if they are in need of a waiver in the future, themselves). This makes a mockery of an ethics program and undermines the public's trust.
According to a recent article in the Advocate, this sort of harmful self-waivering is common in the Louisiana legislature. By a vote of 58-24, the house approved a waiver for a former state senator to lobby the legislature even though his brother is a member and, therefore, he is prohibited from lobbying the legislature.
It's hard to believe that the former senator would be destitute if he did not lobby the state legislature. The reason given for allowing the waiver, by the state representative who filed a legislative immunity complaint back in 2007, is that "similar instances were approved in the past." In other words, the state legislature can ignore the ethics law for no reason other than it has ignored it in the past for other people. It doesn't even have to amend the law. It can effectively do so under the radar. In fact, the bill does not even provide the lobbyist's name. It simply says that “the immediate family member was a registered lobbyist ....for at least one year prior to Jan. 9, 2012.” This is not a transparent or fair waiver process. Such waivers should end.
See my 2012 blog post about the problems with local bills providing ethics waivers, also in Louisiana.
Robert Wechsler
Director of Research-Retired, City Ethics
---
Story Topics:
- Robert Wechsler's blog
- Log in or register to post comments
