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.<br>
<br>
Thankfully, Brittany Wallman of the <i>Sun-Sentinel</i> has compared the
two approaches in two articles, <a href="http://www.sun-sentinel.com/news/palm-beach/fl-inspector-general-perfor…; target="”_blank”">one
yesterday</a>, <a href="http://www.sun-sentinel.com/news/palm-beach/fl-inspector-general-perfor…; target="”_blank”">the
other today</a>.<br>
<br>
<b>Enforcement</b><br>
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."<br>
<br>
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.<br>
<br>
Ethics enforcement is much less likely to happen when the enforcing
authority is focused on other, "more important" misconduct.<br>
<br>
The importance of ethics to the Broward IG can be seen from the text
on <a href="http://www.broward.org/InspectorGeneral/Pages/Default.aspx">his
home page</a>:<ul>
The Charter authorizes the OIG to investigate misconduct, including
fraud, corruption, and abuse, and gross mismanagement. [No mention of
conflicts, gifts, withdrawal from participation.] <br>
<br>
[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.</ul>
Ethics investigations are an
afterthought, an additional requirement that most readers of
the home page won't even get to. </span></span>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.<br>
<br>
The IG's lack of focus on
government ethics may not be the only reason for the lack of
ethics investigations. Wallman wrote, "</span></span>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."<br>
<br>
But the same thing about striking fear is being said in Palm Beach
County, and yet there have been investigations and enforcement
proceedings there.<br>
<br>
<b>Advice et al</b><br>
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.<br>
<br>
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.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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