Covering Political Party Officers
Who is covered by an ethics code can be very important. In Baltimore,
for instance, as I wrote in <a href="http://www.cityethics.org/node/706" target="”_blank”">a recent blog entry</a>, the
city solicitor has interpreted the ethics code to require disclosure of
gifts only from companies doing business with the city, not from their
owners, officers, or employees.<br>
<br>
I also<a href="http://www.cityethics.org/node/699" target="”_blank”"> wrote recently</a>
about jurisdiction over contractors paid with local government funds, but not directly by the local
government.<br>
<br>
Another important group of people are those who wield a great deal of
power in local government, but who hold no position in it (or sometimes
the power has nothing to do with the minor position they hold).<br>
<br>
The most
important of these power wielders are local party officials, whose
power consists of recruiting, selecting, and advising those who run for office,
those appointed to offices, and those hired for jobs. Without any
government position, such people can control the makeup of government, the patronage system that helps keep the party in power, and even the local government's policies and actions.
They are commonly known as "bosses."<br>
<br>
And yet I don't know of a single local government ethics code that
covers party officials. After all, where is their conflict? They do
what's best for the party, and they don't have any obligation to
consider the public interest.<br>
<br>
But doesn't their role in selecting government officials and employees
give them any obligations to the public? The stock answer is that
politics is a competitive thing, and parties seek to win the
competition. They only select officials and employees when they win,
and so their only obligation is to the party, and that obligation is to
keep winning. If they keep winning, then it's only because they're
doing a good job and, therefore, they're acting in the public interest.<br>
<br>
This comes close to one of <a href="http://www.cityethics.org/node/656" target="”_blank”">the
three lies of government ethics</a>: "If politicians act
unethically, they will be voted out." In many local governments, there
is no opposition party strong enough to take on the ruling party.
Anyone who wants to get into government knows they have to join the
ruling party or they will never have any say. Anyone who has business
in town is afraid to speak out against the ruling party, and this
includes giving campaign contributions to members of the opposition
party.<br>
<br>
The City Ethics Model Code <a href="http://www.cityethics.org/mc/full#TOC55" target="”_blank”">Sect. 103(1)</a> requires party officers to file disclosure statements. And <a href="http://www.cityethics.org/mc/full#TOC71" target="”_blank”">Sect. 203(2)</a>
prohibits party officers from sitting on an ethics commission. And <a href="http://www.cityethics.org/mc/full#TOC49" target="”_blank”">Sect. 100(18)</a>
makes it a violation for anyone to "directly or indirectly,
induce, encourage, or aid
anyone to violate any provision of this code."<br>
<br>
But provisions like these are rare in ethics codes. Bosses are a difficult
problem to deal with. The City Ethics Model Code <a href="http://www.cityethics.org/mc/full#TOC41" target="”_blank”">provision on patronage</a>
puts all the burden on officials: "No official or employee may
promise an
appointment or the use of his or her influence to obtain an appointment
to any position as a reward for any political activity or contribution."<br>
<br>
Of course, political bosses do not even have to be party officers. As
long as they pick party officers loyal to them, they need have no
position at all. They can act in the dark, take all the money they want
(as long as they pay taxes where required), and create an atmosphere of
fear and intimidation, and it's all legal. Government ethics can't
touch them. The only thing that can touch them is to bring them into
the light, and stand up to their intimidation. Two things far more
easily said than done.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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