The Problem with Limiting Conflicts to Pecuniary Benefits
Many people believe that conflicts of interest are limited to
situations where money is involved. When these people write ethics
laws, as they often do, the law effectively says that where money
isn't involved, any conduct is acceptable.<br>
<br>
For example, Pennsylvania's ethics code, which applies to local
officials, defines "conflict of interest" as follows (emphasis added):<blockquote>
Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through his
holding public office or employment <b>for the private pecuniary
benefit</b> of himself, a member of his immediate family or a
business with which he or a member of his immediate family is
associated.</blockquote>
Thus, when faced with a situation where a council member nominated
and voted to place her sister on the council to fill an empty
position, <a href="http://www.ethics.state.pa.us/portal/server.pt/community/ethics/8995/th…; target="”_blank”">the
state ethics commission had to show</a> that the sister received a pecuniary benefit.
Since council members in this town receive only $62.50 per
meeting, the sum was small. Had it been a volunteer board or
commission, there would have been no conflict
of interest at all.<br>
<br>
And yet membership on an
important board or commission, including a school board or
even a legislative body whose members
are not paid, is important not for the member's income, but rather for their power and status in the community and, possibly, for their future
in politics.
In addition, it undermines the public's
trust to see board members or other officials using their
influence on their colleagues to help their family members get a
position they want, whether or not any money
is involved.<br>
<br>
That is why the City Ethics Model Code prohibits officials from participating in matters that "may result in a <b>personal</b> or
financial benefit."<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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