Discussing Ethics Reform Behind Closed Doors in Luzerne County, PA
According to <a href="http://citizensvoice.com/news/luzerne-county-council-should-hold-open-f…; target="”_blank”">an
editorial yesterday in the Luzerne County (PA) <i>Citizens Voice</i></a>,
the Luzerne County council, on advice of the county
attorney, is planning to hold an executive session tomorrow to
discuss changes to its ethics code. The editorial says it would be wrong to hold an executive session.<br>
<br>
The county attorney's reasoning is that the changes present a "very
high potential for litigation." Why, you ask, would a discussion of ethics reforms
lead to litigation? Because the county attorney "maintains that
people who had cases before the ethics commission under the current
ethics code could sue on the grounds that the original code was
flawed."<br>
<br>
Well, they could do that, anyway. After all, I've written four blog posts about
these problems, going back to 2010 (<a href="http://www.cityethics.org/content/problems-luzerne-countys-new-ethics-p…
a link to the most recent one</a>, which links to the others). And
then, in a Miscellany post, I wrote, "If a city or county wants to
know how not to set up an ethics
program, Luzerne County, PA is a good place to look." I'm sure there are other criticisms out there.<br>
<br>
It's irresponsible not to openly
discuss fixing a law that is flawed. And it's illegal. As the
Pennsylvania NewsMedia Association's counsel is quoted as saying,
"The fact that an issue or a piece of business might end up in
litigation does not rise to the level of the litigation executive
session in the Sunshine Act." In short, everything a government
discusses <i>might</i> lead to litigation. To hold an executive session,
there has to <i>be</i> litigation.<br>
<br>
In addition, transparency is an important part of government ethics.
Government ethics laws and problems with proceedings need to be
discussed in the open, so that the public will trust the ethics
process. Otherwise, they will assume the ethics reforms are intended to protect high-level officials.<br>
<br>
It's good that Luzerne County is finally talking about the
problems with its ethics program. But if this discussion is held behind closed doors, it is unlikely
that any of my criticisms, or anyone else's, will be considered. The article only mentions one
change being discussed: bringing in a panel of three lawyers
to investigate ethics complaints. That sounds like overkill. I hope it's only a small part of what will be discussed. In public.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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