Overreacting to a Conflict
While so many local governments don't take conflicts seriously enough
to require recusal, some take conflicts too seriously, and overreact.
This appears to be what happened in Elizabethtown (NY), according to <a href="http://www.pressrepublican.com/homepage/local_story_201114804.html?keyw…; target="”_blank”">an
article in yesterday's <i>Press-Republican</i></a>.<br>
<br>
</span>A school board candidate elected in May works for a physical
therapy company that provides services to students in the school
system. In other words, he is an employee of a town contractor. Any
time the contract with the company is to be discussed by the school
board, this employee should certainly recuse himself.<br>
<br>
But the school attorney apparently told the school superintendent that,
if the physical therapist took office, his employer could no longer do
work for the school system. Upon learning this, the physical therapist
resigned. When other people told him this was unnecessary, he asked to
rescind his resignation. Many people spoke in his favor at the next
school board meeting. The school attorney sadly did not appear to
defend his position, or change it after discussion.<br>
<br>
There are situations where someone should not run for office, but a
minor conflict such as this is not one of them. Resignation is
appropriate only when conflicts require frequent recusal, or where
there is an ongoing appearance of impropriety, for example, when a
realtor on a zoning board is seen to be showing favoritism to clients
and would-be clients.<br>
<br>
<span></span>There are situations where it
would look bad for the owner or executive of a major contractor to sit
on a governing body such as a school board. But I don't think this
would apply to the regular employee of a minor contractor.<br>
<br>
The general rule is, If it looks bad, don't do it. But conflicts
themselves aren't bad, just how they are handled. The worst thing you
can do is ignore a conflict. The next worst thing you can do is
overreact to it.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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