Open vs. Confidential Ethics Commission Proceedings

The Model Code makes Ethics Commission investigations confidential. However, upon a finding of probable cause, Ethics Commission proceedings become public. In addition, disclosure statements, advisory opinions, waiver requests, and documents filed in Ethics Commission proceedings are public.

Please share your opinions on and experiences with the confidentiality vs public nature of Ethics Commission proceedings and documents. What problems are created by each, and why are each of them important? How does a community balance the two?

<h2>217. Public Inspection of Records; Public Access to Meetings.</h2>
1. Unless otherwise stated in this code, the records of the Ethics Commission will be available for public inspection. Records available for public inspection include all disclosure statements, advisory opinions (with names and other necessary details omitted to protect anonymity, unless the requesting party states otherwise in writing), all requests for waivers and related papers and decisions, and all papers filed and all decisions made in an Ethics Commission proceeding after a finding, formally or presumed, of probable cause.

2. After a finding, formally or presumed, of probable cause, all hearings before the Ethics Commission concerning alleged misconduct will be open to the public. All meetings, or parts of meetings, of the Ethics Commission that are not directly related to an investigation or other consideration of complaints prior to a finding of probable cause will be open to the public.