Time Limits on Investigations
It's amazing how quickly a legislature can move when a bill is so
embarrassing, the state's major newspaper calls it "Great for unethical
public
officials. Lousy for taxpayers." How quickly? Same day service.<br>
<br>
This just happened in Alabama, according to <a href="http://blog.al.com/spotnews/2009/03/alabama_senate_panel_rewrites.html&…; target="”_blank”">an
article in yesterday's Birmingham <span>News</span>,</a>
a day after <a href="http://www.al.com/opinion/birminghamnews/editorials.ssf?/base/opinion/1…; target="”_blank”">an
editorial</a> in that same paper. Alabama's state ethics laws apply to
local officials.<br>
<br>
The big embarrassment was inserting into the ethics code a 30-day limit
on investigations. The day the editorial came out, a senate committee
changed the limit to six months. Currently there is no limit.<br>
<br>
There are two problems here. One is that the ethics commission, charged
with overseeing the ethics of all state and local officials, is
seriously understaffed, as most commissions are. Two is that there are
many reasons other than insufficient staff that investigations can be
drawn out.<br>
<br>
The state ethics commission director is quoted as saying that "he knew
of no other investigative agency in the United States that had
to get permission to conduct an investigation, or extend one." So I
thought it worthwhile to check out a number of cities as well as the
states that handle local ethics at the state level.<br>
<br>
My investigation came up with a few jurisdictions that place time
limits on investigations. West Virginia is the loser, with a 45-day,
apparently non-extendable limit on investigations. Seattle has a 30-day
limit, but it can be extended indefinitely for good cause. Nevada has a
60-day limit, but this is only for opinions. Arkansas has a 60-day
limit for a preliminary report to the commission, upon which the
commission can request further, unlimited investigation. Detroit has a
91-day limit on investigations, with a 28-day extension
where there are extraordinary circumstances. There is a longer, 182-day
limit on investigations initiated by an ethics board member.<br>
<br>
Oregon has a 180-day limit, plus 30 days more if the commission allows.
Rhode Island has a 180-day limit, plus two 60-day extensions for good
cause. Chicago has a one-year limit, but the time does not run as long
as an investigation is suspended.<br>
<br>
So there are limits, but they are few, far between, and usually
extendable. There should be a very good reason for putting unextendable
time limits on investigations. The fact that the bill's sponsor wanted
a 30-day limit shows that he was not looking for a responsible limit on
over-long investigations, but was trying an underhanded way to
undermine ethics enforcement in Alabama. Fortunately, he wasn't
underhanded enough.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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