Chicago Task Force Second Report I — The Good Recommendations
<br><a href="http://chicagotonight.wttw.com/sites/default/files/Report%20of%20the%20…; target="”_blank”">The second report of the Chicago Ethics Reform Task Force</a> came out
this week (see my posts <a href="http://www.cityethics.org/content/chicago-ethics-task-force-files-first…; target="”_blank”">on
the first report</a> and <a href="http://www.cityethics.org/content/first-round-chicago-ethics-reforms&qu…; target="”_blank”">on
the ordinances passed in response to it</a>). The report contains
several excellent recommendations and some original solutions to
problems. But it also makes recommendations that stop short of
optimal solutions, especially in the areas of independence,
jurisdiction, transparency, systemic problems, and the
role of the corporation counsel.<br>
<br>
First for the good stuff. Here are the best recommendations in the
second report:<br>
<br>
1. Add clear settlement and waiver provisions. As the ethics task
force recognizes, settlements should not only be permitted, but
encouraged. Only the rare ethics complaint should require a hearing
process.<br>
<br>
2. Strip away confidentiality between the inspectors general (IGs) and the ethics board.
After all, they're part of the same ethics program, with the same goals and the same relationship to officials and employees.<br>
<br>
3. Let ethics board staff make decisions on complaints re disclosure
forms and officials' failure to attend training classes.<br>
<br>
4. Hold an annual public hearing on the ethics program. The task
force emphasizes accountability, but I think it's more about
education. The fact is that it's very hard to hold an independent
ethics program accountable. As the task force recognizes, "the
public cannot see all the good work the Board has done in preventing
unethical behavior." Since an ethics program's principal purpose is
prevention, and the lack of ethics complaints is not a good
indicator that there is no ethical misconduct, it is very hard to
judge an ethics program.<br>
<br>
5. Place political activity restrictions on the executive IG. The one that I
especially like is a pledge not to run for office for two
years after employment. There is nothing worse than someone involved
in an ethics program leaving to run for office or run a campaign.
This sends the message that an ethics program is a way to get in the
good graces of parties and politicians, who are necessary to run a successful campaign. This is not something that
will gain the public's trust.<br>
<br>
6. Change the reimbursement of legal expenses provision both to
cover not only aldermen, but other officials and employees, and to
limit reimbursement to "those rare instances where the statement of
charges was submitted in bad faith."<br>
<br>
7. Allow the legislative inspector general (LIG) to initiate
investigations and accept anonymous complaints, as the executive
inspector general (IG) already can. Sworn complaints alone will not
allow for effective enforcement. However, I do not agree with the task force that is appropriate for IGs to be involved in initiating proceedings; they should be the investigation arm of the ethics program and nothing else, as I will argue in <a href="http://www.cityethics.org/content/chicago-task-force-second-report-i-%E…; target="”_blank”">my next post on this report</a>.<br>
<br>
Below are links to my other blog posts on the second task force report:<br>
<a href="http://www.cityethics.org/content/chicago-task-force-second-report-ii-%…; target="”_blank”">The Roles of the Ethics Board and the IGs</a><br>
<a href="http://www.cityethics.org/content/chicago-task-force-second-report-iii-…; target="”_blank”">Ethics Program Independence</a><br>
<a href="http://www.cityethics.org/content/chicago-task-force-second-report-iv-%…; target="”_blank”">Confidentiality and False Information</a><br>
<a href="http://www.cityethics.org/content/chicago-task-force-second-report-v-%E…; target="”_blank”">Some Bad Ideas and Missed Chances</a><br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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