Sometimes the Accuser Is More Unethical Than the Accused
"Investigators, like prosecutors, must understand that the desire to go
after big game to garner big headlines may be as unethical as the
offenses they are pursuing."<br>
<br>
This is the central point of a<a href="http://www.nyintegrity.org/pubs/other/Chairman%20Michael%20G%20%20Cherk…; target="”_blank”">
formal statement</a> made by the new chair of the New York State
Commission on Public Integrity concerning the report of the Inspector
General on the former executive director of the the commission and the
commission itself.<br>
<br>
The IG's report said that the former executive director had leaked
information indirectly to Gov. Spitzer, the subject of an ethics
investigation, and that the commission's handling of this alleged leak
was inadequate. This report led to the resignation of the executive
director and of the commission chair, and a call by Gov. Paterson for
the entire commission to resign.<br>
<br>
Gov. Paterson quickly appointed Michael Cherkasky as the new commission
chair, despite his friendship with former Gov. Spitzer. Cherkasky's
very sober, pointed statement argues that the allegedly
leaked information was of no significance, and that the commission had
dealt with Gov. Spitzer and with the executive director fairly,
professionally, and without bias. On this basis, and recognizing the
importance of an independent commission with staggered terms, he
opposes the resignation of commission members.<br>
<br>
It's certainly a statement worth reading. My only problem with it is
that Cherkasky does not give enough weight to the appearance of
impropriety. Twice he argues that a personal relationship does not mean
there is bias. This is certainly true. But personal relationships do
give the appearance of bias, and that can be just as dangerous as
actual bias. In addition, it is very difficult to prove actual bias, so
that we are dependent on appearances. In fact, his long relationship
with Gov. Spitzer itself makes his statement less valuable than it
would be coming from someone without a relationship to any of the
people involved in the dispute.<br>
<br>
One interesting thing to note. The IG and the governor have criticized
the commission for not dealing sufficiently with its executive
director. <a href="http://www.cityethics.org/node/768" target="”_blank”">The
Philadelphia mayor and councillors</a> have criticized its city's
ethics board for dealing with its executive director at all. You're
damned if you do, damned if you don't. The only way to heaven is to
keep politicians out of the mix as completely as possible.<br>
<br>
Gov. Paterson is still calling for the commission's resignation.
Cherkasky's statement was a good, but ineffective response. The governor should
be ignored, because what he is doing appears to be more unethical than the offense he is
pursuing.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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