Ethics Void: Ethics Commissions Lack Teeth

RALEIGH, N.C., Feb. 10 /PRNewswire-USNewswire/ -- Leslie W. Merritt, Jr., CPA, executive director of the Foundation for Ethics in Public Service, Inc., issued the following statement today:

"At least 40 states have established ethics commissions, which are state agencies charged with overseeing the conduct of elected or appointed public servants.  The mission of the various ethics commissions is essentially the same nationwide: to investigate alleged violations of ethics law, issue penalties for financial disclosure violations, educate "covered persons" on ethics laws that apply to them, and refer violations of ethics law to the appropriate law enforcement agencies when those violations rise to the level of criminal misconduct.

"Unfortunately, while these ethics commissions look good on paper and sound good in a press release, more often than not their bark is louder than their bite.  In my view, this is due in large part to the fact that government will never do an effective job of policing itself.  Asking government staffers to police the very officials who hire them is very much akin to asking the fox to guard the henhouse.

"It is important to note that most state ethics commissions have narrow jurisdictions, often being over-attentive to small or de minimis matters while having no jurisdiction or oversight over matters of greater importance to citizens.  Interestingly, even when state ethics commissions appear to be proactive and carry a significant case load, they can rank poorly in national rankings addressing integrity in public service.

"Whether intentional or not, many states seem to put a chilling effect on the complaint process itself.  For example, when the Missouri Ethics Commission dismisses complaints it finds to be frivolous in nature, or "lacking basis in fact or law", under state law the person who submitted the complaint "shall be liable for actual and compensatory damages to the alleged violator for holding the alleged violator before the public in a false light".  Another example can be found in North Carolina, where the State Government Ethics Act of 2006 requires complainants to submit their allegations under oath at the risk of perjury.  This means that requests for anonymity are denied by statute.  In our view, the majority of state ethics commissions put an undue burden on complainants, which discourages them from submitting complaints at all.

"Recent news reports of high-profile public officials allegedly engaging in unethical, if not corrupt, practices in states like North Carolina, Illinois, and New Jersey make it clear that ethics commissions either lack the resources and jurisdiction or the political will to dive deep into the major corruption issues in their respective states.

"Additionally, The Washington Post recently reported that a number of federal officials are under the scrutiny of the United States House of Representatives Ethics Committee.  Unfortunately, the story had to be leaked – with the sad disclosure that committee members are sworn to secrecy regarding the subject and nature of the allegations being investigated.

"These and countless other examples of unabated corruption and ethical violations make it clear that government officials, both at the federal and state level, either cannot or will not police themselves with credibility, completeness and transparency.  There is an ethics void throughout government, and only independent oversight and action by non-partisan media and law enforcement can restore the credibility of our public institutions and the confidence of our citizens."

Leslie W. Merritt, Jr., CPA is executive director of the Foundation for Ethics in Public Service, Inc.  For more information, visit http://www.ReportPublicCorruption.org.

SOURCE Foundation for Ethics in Public Service, Inc.