Life Without an Ethics Code
In Isle La Motte, Vermont, according to <a href="http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20070319/… recent article in the Burlington <i>Free Press</a>,</i> the longtime town clerk and treasurer diverted $100,000 of town funds to her own use. Before the town learned of this, its Selectboard (the town's elected executive board) had arranged to allow her to pay back the money along with interest and audit and legal expenses.
One member of the Selectboard was the town clerk's father, and another was a close friend of hers. The people were incensed about the deal, but they had no ethics code and no recall provision in their town charter. So there was nothing they could do.
<a href="http://www.cityethics.org/node/260">Click here to read the rest of this blog entry.</a>
The clerk's friend said in response to a petition (signed by about half of the town's adult population) asking for the two board members' resignation, 'I will not resign from this position no matter what. I was elected and I will fulfill my term.'
And there was nothing anyone could do, since they had broken no laws. That's life without an ethics code. Of course, many such small towns have ethics codes that give their executive boards full control over the process, from selection of ethics board members (if the executive board itself or the town attorney do not act in that capacity) to determination of penalties (even upon their own members). So having an ethics code is not enough in such instances, but a basic code with an independent ethics board allows towns to deal with unforeseen situations such as this.