Quote of the Day - Admissions in Settlements

<h4>"Trials are primarily about the truth. Consent decrees are primarily
about pragmatism."</h4><br>
— Second Circuit Court of Appeals in [Link removed] <i>SEC</i>
v. <i>Citigroup Global Markets, Inc.</a>,</i> Nos. 11-5227-cv, 11-5375-cv and 11-5242-cv (2nd Cir., June 4, 2014).<br>
<br>
These words from an important court decision yesterday will most
likely be quoted in all sorts of contexts, including with respect to
ethics settlements, the consent decrees of government ethics.<br>
<br>
It's important to recognize why what may be appropriate when a
government agency sues a private company is not appropriate when a
citizen oversight body handles an administrative action brought
against a public servant.<br>
<br>

One, it is important that the truth about what a public servant has
done is made public. It is important because transparency is an
important value in government, and it is important because the
community deserves to have closure on matters involving those who
manage their community.<br>
<br>
Two, public servants are not the same as private companies. Public
servants have a special, fiduciary duty to their community which
they violate when they violate an ethics provision. This
duty includes a requirement to admit to any misconduct they have engaged
in, whether or not a complaint against them goes to a hearing. When
it comes to using public office for private gain, public servants do
not have the luxury of pragmatism.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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