Regional Public Integrity Officers in New York State
<b>Update:</b> August 26, 2011 (see below)<br>
<br>
At the same time there is talk of local government ethics reform in New
York State, the new attorney general has his own plan for local
government oversight. But it is all criminal in nature.<br>
<br>
His idea is to place public integrity officers in all thirteen <a href="http://www.ag.ny.gov/tour/tour.html" target="”_blank”">attorney
general offices</a> in the state, starting with Rochester. The new
attorney general's predecessor, now the governor,
founded the <a href="http://www.ag.ny.gov/bureaus/public_integrity/about.html" target="”_blank”">Public
Integrity Bureau</a> in 2007, with a mandate to investigate corruption,
fraud, and abuse of authority.<br>
<br>
The AG's goal is to partially decentralize the public integrity bureau,
to bring it closer to local governments. It's interesting that the
first officer will be placed in a region whose major city already has
its own <a href="http://www.cityofrochester.gov/article.aspx?id=8589936098" target="”_blank”">public
integrity
officer</a>, albeit appointed by the mayor (the former mayor
is now lieutenant governor). The office is part of the city's internal
audit office.<br>
<br>
According to <a href="http://www.henriettapost.com/feature/x1505621794/New-York-Attorney-Gene…; target="”_blank”">an
article
in the <i>Messenger Post</i></a>, the AG has said, “We ... found a lot
of the complaints are about local government. I want to make sure there
is a place they can go. ... It’s really someone who brings us closer to
the ground. I’m very committed to having more direct access to what
people are thinking in places like Rochester.”<br>
<br>
There are risks in having multiple local agencies with overlapping
jurisdictions. How will the state and local governments work together
in determining who will investigate? And will complainants shop around
for the agency that will be most likely to do something, politically
speaking? Will officials shop around for advice?<br>
<br>
And where there is not a local ethics program, will having a local
public integrity officer, even if only to oversee criminal
investigations, make it less likely that an ethics program will be
established? Will local government ethics be increasingly criminalized
and centralized just at the time <a href="http://www.cityethics.org/content/ny-state-bar-association-report-local…
bar association is calling for local government ethics reform</a>?<br>
<br>
According to <a href="http://www.cityhallnews.com/newyork/article-1752-schneiderman-will-targ…; target="”_blank”">a
<i>City
Hall News</i> article</a>, the AG has said, "We have to make the
connection between government
corruption and the loss of funds.” But this connection does not
have to be criminal. That is, there doesn't have to be criminal
fraud for this connection to be made. A good local ethics program also
saves
government money. The AG should send this message out as well, and do
what he can not to have his program act as an obstacle to local ethics
reform.<br>
<br>
<b>Update:</b> August 26, 2011<br>
In <a href="http://www.ag.ny.gov/media_center/2011/jun/jun29i_11.html" target="”_blank”">a press release dated June 29</a>, the Attorney General announced the appointment of 14 regional public integrity officers.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
---