A Miscellany
On the legislative immunity front, according to <a href="http://www.projo.com/generalassembly/Irons_ethics_case_01-21-09_SID1GAH…; target="”_blank”">an
article in the Providence <span>Journal,</span></a>
a date has been set for the Rhode Island Supreme Court to hear the
appeal by the Rhode Island Ethics Commission of <a href="http://www.cityethics.org/node/562" target="”_blank”">the decision</a> upholding
the old constitutional legislative immunity clause against a more
recent constitutional amendment creating the ethics commission and
giving it jurisdiction over the state legislature. The date is May 23.
Common Cause of RI will be filing an amicus brief.<br>
<br>
Also on the legislative immunity front, according to <a href="http://www.mercurynews.com/news/ci_11792169?nclick_check=1" target="”_blank”">an
Associated Press article</a>, a bill has unanimously passed the Nevada
Senate Judiciary Committee giving the state legislative bodies full
jurisdiction over their members' conduct involving "core legislative
functions." This bill follows <a href="http://www.cityethics.org/node/595" target="”_blank”">the decision of a Nevada
district court</a> taking jurisdiction over legislators away from the
state ethics commission. The ethics commission has appealed this ruling.<br>
<br>
Here's a good quotation from Alabama Governor Bob Riley in support of state ethics
reform, from <a href="http://www.al.com/newsflash/regional/index.ssf?/base/news-41/1235688910…; target="”_blank”">an
Associated Press article</a>: <br>
<br>
<div>Some legislators have said that they
need to concentrate on
the state's economic condition this session, rather
than dealing with ethics legislation. Riley said he does not
understand that argument. "The greatest thing we can do to help the
economy of
this state is to have a better ethical reputation,"
Riley said.<br>
</div>
<br>
The minority leader (Taylor) of the New Mexico House got it part right
and part wrong, while the majority leader (Sanchez) got it all wrong,
according to quotations in the <a href="http://www.bizjournals.com/albuquerque/stories/2009/02/23/daily71.html&…; target="”_blank”">New
Mexico Business Weekly</a>: <br>
<br>
<p>“It’s difficult through legislation to
control the actions of
individuals, especially those who don’t know the difference between
right and wrong,” said Taylor, who has introduced a bill that would
prohibit any political contributions by individuals or companies doing
business with the state. However, he also acknowledged New Mexico
doesn’t have a very good reputation right now in ethics.</p>
<p>The House has already passed a slate of
ethics bills, including one
that would create an ethics commission. However, Sanchez said a
commission could run into the same problems as the governor’s organized
crime commission, which he called a witch hunt.<br>
</p>
<p>According to <a href="http://www.volunteertv.com/home/headlines/40269477.html" target="”_blank”">an
article on the WVLT-TV website</a>, the Knox County (TN) school board
ethics committee publicly censured a member who held a gun to his
wife's head during an altercation and pleaded guilty to misdemeanor
assault. There's no doubt that this was highly unethical in the usual sense of the term, but
this sort of decision muddies the water of government ethics, because the school board member's act
had nothing to do with a conflict of interest, or government service at
all.</p>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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