When a High-Level Official Seeks Special Treatment
One of the things that really ticks citizens off is when a local
official uses his position to try to get out of a traffic ticket.
The financial benefit may be minor, but there are two
things that are major. One is that this conduct suggests that
favoritism is common in the government. That is, the expectation and provision of special treatment is an indication of
institutional corruption.<br>
<br>
The second thing that can be major is the benefit when the charge is
not just speeding or going through a light, but driving while drunk,
leaving the scene of an accident, or other sorts of conduct that can
seriously affect an official's personal reputation in the community.
An official's reputation in the community is far more valuable than
the cost of any fine. And yet reputation is not only left out of most ethics
codes, but often ignored by the official, government attorneys, and
even ethics commissions when such conduct is discovered.<br>
<br>
Take the latest case, involving an Allen County, IN council member.
According to <a href="http://www.fortwayne.com/apps/pbcs.dll/article?AID=/20120720/NEWS/32011…; target="”_blank”">an
article in the Fort Wayne <i>News-Sentinel</i></a> this weekend, an
ethics complaint was filed against the council member, alleging
that, when stopped by a sheriff's department officer, he called the
county sheriff and, after the call, was allowed to leave without
being subjected to a drunken driving test.<br>
<br>
The sheriff said that all he did was allow the officer to use his
discretion, and the council member said that all he asked was to
speed up the testing process. But asking to speed up the testing
process is asking for special treatment. The sheriff, on vacation in
Florida, would not likely have done the same for any citizen. And
even if he insists he would have, there is no way for the public to
know (although putting his cellphone number on <a href="http://www.allencountysheriff.org/" target="”_blank”">the sheriff's website</a>,
saying that he can be personally called 24-7,
might be convincing).<br>
<br>
Saying <i>anything</i> to the officer is tantamount to asking him to
give the council member special treatment. Subordinates understand
what it means when their boss, on vacation in Florida, tells them to use their
discretion.<br>
<br>
Equally problematic is the council member's focus on his
relationship with the sheriff. He wrote an e-mail message to the
county EC saying, "[T]he primary issue of concern is my ability to
impact the Sheriff’s budget via my role on County Council. As one of
seven members of Council I have limited influence over department
budgets within County government. However, in order to avoid any
perception of impropriety, I will abstain from the upcoming budget
vote as it pertains to the Sheriff’s department. I do this
reluctantly – my record of serving taxpayers by working to reduce
the cost of government is well known.”<br>
<br>
First of all, we don't know if this is the only relationship between the two officials. And second, it is too late to cure this misconduct through withdrawal from
participation. In any event, the problem here is not the direct relationship between
council member and sheriff, but rather the fact that the council
member appears to have believed that, due to his office, he could
get special treatment from another high-level county official in a personal situation. And
the sheriff obliged by taking the call and participating in the
matter, rather than telling the council member it would be inappropriate for him to get involved.<br>
<br>
This is a very ordinary situation, and it shows how important it is for ethics codes, and ethics training, to recognize the high value of an official's reputation. What is special here is that the officer refused to do
anything special for the council member. Many officers feel
intimidated by high-level officials asking for special treatment. The official may
not have direct power over the officer, but there is the feeling either that the official could have some
effect on his career or that, in the particular ethics
environment, high-level officials are given special treatment as a
matter of course. This officer's conduct should be recognized by the county EC in the form of some sort of commendation. It was his responsible handling of
the matter (even if he did let the council member go without a test) that indirectly allowed the public to know about the
council member's conduct.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
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