Skip to main content

Settlement Agreements

Most local government ethics codes do not explicitly deal with
settlement agreements, but most state ethics codes do. I left
settlement agreements out of my first draft of the City Ethics Model
Code, but I have just added a provision, <a href="http://www.cityethics.org/content/full-text-model-ethics-code#0.1_TOC81…; target="”_blank”">Section 213(5)</a>. The
language is based on that of several state ethics codes and rules,
especially those of Ohio and Georgia.<br>
<br>
<a href="http://www.cityethics.org/node/486">Click here to read the rest of this blog entry.</a>

<br>
<br>
Settlements are especially important because ethics commissions tend to
have limited resources. In most cases, there is no need for lengthy
investigations and hearings. And since the principal goal of ethics
enforcement (as opposed to the criminal process) is to provide
guidance, a public settlement agreement that includes a reasonable
penalty is more important than an expensive proceeding that may or may
not produce a more severe penalty.<br>
<br>
In fact, some states (and at least one city) make settlement the
default or preferred approach. Arkansas’ code requires a written Offer
of Settlement when probable cause is found. Texas’s code requires that,
upon a determination that there is credible evidence, the commission
“resolve and settle the complaint or motion, to the extent possible.”
Los Angeles delays public announcement of a finding of probable cause
so that a settlement can be reached. Oregon’s Administrative Rules
“encourages the settlement of a case,” and Ohio’s extensive settlement
rules shows a propensity for settlement.<br>
<br>
But most state codes and rules do little more than mention the
possibility of settlement, providing little guidance.<br>
<br>
Of course, settlements may be reached in cities and towns that lack
explicit language about them. But, as with everything, language that
provides clear guidance is valuable.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
---</p>