Problems with an IG Approach to Local Government Ethics

I believe that an ethics commission/ethics officer approach to local government ethics is far better than an inspector general approach. The simultaneous creation of an EC/EO approach in Palm Beach County, FL and an IG approach in neighboring Broward County provides a small laboratory for seeing which works better.

Thankfully, Brittany Wallman of the Sun-Sentinel has compared the two approaches in two articles, one yesterday, the other today.

Enforcement
The most stark difference is in ethics enforcement. Whereas the Broward IG has not investigated a single ethics matter, the Palm Beach EC has "vetted almost 100 possible ethics violations [and] punished a few people."

The Broward IG says he hasn't received any complaints and, although he has the power to self-initiate investigations, he says he hasn't received any tips or information that led him to do so. It's not that the IG has been sitting on his hands. In fact, the problem appears to be just the opposite. Although his staff has grown, the IG has asked for more, insisting that his staff is "stretched thin." The office is too busy investigating fraud, waste, and mismanagement, which are the areas over which an IG usually has jurisdiction. Ethics is extra, less important, expendable. It's not surprising then that the IG has not assigned anyone to look for ethics violations.

Ethics enforcement is much less likely to happen when the enforcing authority is focused on other, "more important" misconduct.

The importance of ethics to the Broward IG can be seen from the text on his home page:

The Charter authorizes the OIG to investigate misconduct, including fraud, corruption, and abuse, and gross mismanagement. [No mention of conflicts, gifts, withdrawal from participation.] 

[A few sentences later:] In addition to our oversight of County and municipal programs and procedures, the OIG is responsible for investigating violations of the ethics codes that govern the conduct of County and municipal officials, employees, and providers.

Ethics investigations are an afterthought, an additional requirement that most readers of the home page won't even get to. An IG approach to government ethics, like a criminal approach, naturally discriminates against government ethics. IGs aren't trained in government ethics. And government ethics is simply not as sexy and does not appear to be as serious as fraud, embezzlement, and waste. Rarely will initiative be taken regarding ethics; a legal rather than ethical approach will be the norm; and when anything is done, it will be given relatively short shrift.

The IG's lack of focus on government ethics may not be the only reason for the lack of ethics investigations. Wallman wrote, "Some wonder if the existence of the corruption cop struck fear into politicians and quickly ended Broward's corruption era. And some wonder whether the public is simply oblivious to his existence and don't know how to file a complaint."

But the same thing about striking fear is being said in Palm Beach County, and yet there have been investigations and enforcement proceedings there.

Advice et al
Even more important than enforcement is advice. Palm Beach County has given advice in 225 cases. Nothing is said about Broward County giving advice. IGs are not set up to provide advice; their work is investigation.

What is left out of an IG approach is what is most important to a local government ethics program:  training, advice, and oversight of disclosures. Even if a local government chooses to take an IG approach to government ethics, an independent ethics officer is necessary to providing training and advice, and to make sure that disclosures are sufficient and on time.

Robert Wechsler
Director of Research-Retired, City Ethics

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