Fighting Last Year's War Is Not the Way to Draft an Ethics Code
Type "ethics" into the search line at utah.gov, and all that comes up
is Archery Ethics Course Online.<br>
<br>
In response to what are referred to in Utah as last year's "ethics wars," <a href="http://le.utah.gov/%7E2009/bills/hbillint/hb0159.pdf" target="”_blank”">a new
legislative ethics bill </a>has been drafted. What is interesting for
local government ethics is how focused the new bill is on fighting last
year's war, with little thought about anything else.<br>
<br>
According to <a href="http://www.sltrib.com/News/ci_11645852" target="”_blank”">an
article</a> in this week's Salt Lake <span>Tribune,</span>
here's a list of last year's ethics battles:<br>
<br>
<div><span id="slt_article">
<p>Former Rep. Mark Walker
was accused of attempted <span>bribery</span>.
</p>
<p>Rep. Hughes was accused of <span>threatening</span>
public employees and lobbyists.
</p>
<p> Sen. Howard Stephenson's <span>actions
on behalf of specific</span> <span>companies
</span>were questioned.
</p>
<p> Sen. Chris Buttars'<span> letter to a
judge</span> on behalf of a friend
temporarily cost him the chairmanship of the Judicial Confirmation
Committee.</p>
</span><span id="slt_article"></span></div>
<span id="slt_article"></span>So, guess what appears among the very
limited provisions of <a href="http://le.utah.gov/%7E2009/bills/hbillint/hb0159.pdf" target="”_blank”">the new
ethics bill</a>. Yes, a no bribery provision, a no threatening of
employees and lobbyists provision, a <span id="slt_site"><span id="slt_article">may not request a state entity contract with a
specific company provision, and a no intervention in legal proceeding
provision. <br>
<br>
This is not the way to draft an ethics code. Yes, there is a vague
conflict provision and an equally vague gift provision. But there was
no attempt to draft a real ethics code. It's window dressing, featuring
an "independent ethics commission" that is toothless and appointed by
legislative leaders.</span></span><br>
<br>
<span id="slt_site"><span id="slt_article">One of the bill's few
provisions includes references </span></span><span id="slt_site"><span id="slt_article">to criminal provisions relating to legislators, which
would appear to create jurisdictional problems and in some cases covers
the same areas as other ethics provisions, such as bribery and
threatening. Another couple of things to avoid.</span></span><br>
<span id="slt_site"><span id="slt_article"><br>
The bill requires that the ethics commission staff complete its
investigations in 30 days (although the commission, if it meets in
time, can extend this period). But legislative leaders are not in a
rush themselves: "</span></span><span id="slt_site"><span id="slt_article">House leaders
have indicated that they want to spend a year studying the process for
screening ethics complaints, but [the bill sponsor] still plans to
'throw this out
there' to get discussion started because she believes it has merit."</span></span><br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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