A Miscellany: Misuse of Government Employees and Legislative Immunity
<b>A Clever Use of Government Employees for Political Purposes</b><br>
According to <a href="http://www.miamiherald.com/2011/03/01/2092632/role-of-transit-workers-i…; target="”_blank”">an
article
in the Miami <i>Herald</i></a>, it appears that the mayor of
Miami-Dade County, currently facing a recall election, is playing a
clever little game that involves the use of government employees for
political purposes.<br>
<br>
The administration "excused 12 county transit employees from their
regular jobs to participate full time — while still collecting their
salaries — in a loosely defined committee tasked with informing workers
about the current political upheaval and controversial budget that
triggered the recall campaign." The budget was passed four months ago.<br>
<br>
The committee is being overseen by the union. The current union leader
acknowledges that if the recall comes up in their dealings with
workers, “and they want the union’s perspective, then of course all our
members know the union supports the mayor.” One way the recall has come
up, for example, is handing out campaign brochures at an early polling
site.<br>
<br>
The transit union recently gave a pro-mayor PAC $20,000.<br>
<br>
A former transit union leader said it is his understanding that “the
committee is based on the recall campaign and they are working on the
mayor’s behalf.”
<br>
<br>
<b>Two Different Kinds of Legislative Immunity</b><br>
Legislative immunity is taking a beating in Arizona, due to a state
representative's insistence that he not be arrested for a violent
altercation with his girlfriend (<i>she</i>, however, <i>was</i> arrested, making the rep look very ungallant). I haven't seen so
much passion on the topic since I started following it a few years ago.<br>
<br>
Of course, there is a difference or two between this situation and
government ethics. First, look at this situation. The conduct was
physically violent, and against a woman by a man. The conduct had
nothing whatsoever to do with representing constituents. And there is
no question that the arrest was not politically motivated.<br>
<br>
In government ethics, there is only metaphorical violence against the
public, not against a woman. The conduct has everything to do with
representing constituents: it's about representing one's own
interests instead. And there is often a question whether an ethics
complaint was politically motivated. But, if it's not frivolous, this
doesn't matter; and if it is frivolous, it should be quickly dismissed,
making the politically motivated complainant look bad, not the
representative.<br>
<br>
The biggest difference between this situation and government ethics is
that with respect to a criminal arrest, it is only a matter of
postponing it until after the legislative session. This is,
unfortunately, not the case for government ethics matters, because they
usually require evidence of legislative activity, which may not be
given outside the legislature itself, even after the legislative
session is over.<br>
<br>
Here three selections from <a href="http://www.kpho.com/news/27022288/detail.html" target="”_blank”">comments on the
Arizona matter on Phoenix's KPHO television station website</a>:<ul>
What exactly raises a legislator above those he or she represents? Has
everyone forgotten the key word in our form of government?
Representative. <br>
<br>
My first reaction was NO... legislators should not be able to use
immunity to get out of getting in trouble... Then I thought of Sheriff
Joe [<a href="http://www.cityethics.org/search/node/arpaio">Arpaio, of
Maricopa County</a>] and the accusation that he arrested people for
political reasons and I changed my mind.<br>
<br>
It is not a law I like. No one is above the law. I do not expect the
legislature to change it. Therefore, the people need to make the change
in the law.</ul>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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