It's not that ethics ordinances are a bad idea. After over 70 years of single party rule in New Mexico that instilled patron politics and eschewed ethics, it's become very apparent that elected officials need a refresher course in what's ethical.
ethics [ˈɛθɪks]The problem with ethics legislation is that it's just as slippery as its definition. The temptation is for legislators to try to codify a set of dos and don'ts in an ordinance defining what is ethical. The dilema is how to create restrictions on government employees and elected officials without violating their Constitutional rights and without providing cover for unethical behavior.
n
1. (Philosophy) (functioning as singular) the philosophical study of the moral value of human conduct and of the rules and principles that ought to govern it; moral philosophy See also meta-ethics
2. (functioning as plural) a social, religious, or civil code of behaviour considered correct, esp that of a particular group, profession, or individual
3. (functioning as plural) the moral fitness of a decision, course of action, etc. he doubted the ethics of their verdict
January 12th, the Bernalillo County Commission passed its attempt to do just that. Commissioner Maggie Hart-Stebbins sponsored the County's revised ethics ordinance. What's in the ordinance isn't all that troubling - particularly since the commission pulled Stebbins' original language that would have restricted county employee's first amendment rights. But what's not in the ordinance is telling.
The Bernalillo County Code of Ethics as adopted deems all of the following "ethical":
1. It is "ethical" for elected officials can take a job with county or be a contractor for the county immediately following their term. In practice, the job or contract could be created by the outgoing official only to be filled by them.As you can see in addition to prohibiting "unethical" activities, ethics legislation often creates a situation where unethical behavior is considered ethical. A County Commissioner can create a job for themselves and take that job or contract immediately after leaving office.
2 It is "ethical" for candidates or elected officials to appear on publicly funded commercials on any radio or TV station within 90 days of an election.
3. It is "ethical" for commissioners to remove ethics board members to have "their" member on the ethics board.
4. It is "ethical" for candidates and elected officials to receive "educational materials" or "honoraria" as long as the value of each occurrence is under $100.
5. It is "ethical" for candidates and elected officials to receive contributions from entities that have applied for or received TIDD or any source of public financing.
6. It is "ethical" for commissioners to act as a reference for those seeking employment with the county.
At the state level, it's "ethical" for Lieutenant Governor Diane Denish to spend her over $2.5 MILLION campaign kitty for this election but on November 3rd, the same activity is prohibited.
The truth is ethics legislation won't stop unethical behavior. Many times the introduction itself is used by politicians as a way to look ethical sometimes in an attempt to rehab their own ethically challenged past. Hardly ethical.
Commissioner Stebbins herself has been engaging in some ethically questionable behavior. She continued to hold her position with MRCOG while serving on the Commission. She's been all over radio and TV in attempt to raise her name ID for her 2010 election. And She was even made Vice Chair of the commission to help her credibility with her voters.
The MRCOG job was a clear conflict of interest as Commissioners serve on the board and would essentially be her boss. It was also a potential Hatch Act violation if she were running for a partisan position.
The last two are less clear and deemed "ethical" by the ordinance. But if county funds and positions are being used to further her election, then there's little doubt that her actions are unethical despite being allowed by the "Ethics" Ordinance.
For these reasons, we're not a real fan of ethics legislation. It can protect unethical behavior while making the public wrongly believe they have an ethical government. No matter what laws are passed, elected officials can and all too many will act unethically. It's up to voters to hold their representatives accountable. To trust only to ethics legislation to enforce ethical behavior is more than an ethical lapse, it's an abdication of voter responsibility.
13 comments:
Its too bad that ethics has to be legislated in order for people to adhere to it. What ever happened to personal responsibility? These people sicken me. Stebbins is a real piece of work.
I'd also like to know how city councilors can get away with "recommending" that voters vote YES on the APS bond issue while they are on the job, which is the city council meeting. Isn't that essentially campaigning on city grounds? As city employees I understood we cannot campaign for anything while on the job, or on city property. Different strokes for different folks I guess.
ethics: something se impact does not have. and now barbao's new team won't have either.
Eye, when are you going to look into Dave Campbell's "ethics"?
Start with him changing the Uptown Sector Plan for his developer masters so they can build a high-end high rise, mixed-use urban development.
They're calling it "Target".
There will not be honest accountability to ethical standards of conduct for all long as that decision is left up to politicians and public servants.
The terms of public service (the standards and accountability) are the prerogative of the public, not of the public servant.
They will escape honest accountability to meaningful standards of conduct and competence for as long as we allow them to.
Who the hell is Barboza and whats up with all the comments about him and his team?
dont you worry bout barboa hes untouchable!
I believe Commissioner Brasher proposed amendments to close many of the gaps you have listed, NONE of which was supported by his fellow commissioners.
First Berry keeps Sanctuary City in place along with Chief Schultz. Now he wants to build an arena downtown.
Can we talk about the ethics of running for mayor saying one thing then doing the complete opposite after you get elected?
Buck Ferry.
It's someone that doesn't like Barboa and is making childish attempts at insulting him here.
Grow up APD officer.
Who is Sgt. Barboa?? Sgt. Barboa is a damn good Cop who has a gift for putting bad guys in jail where they belong. Something I cant say about that lazy cop who always manages to hijack threads so "it" can talk down on him.
Why does everyone call out Barboa? Is he that good?
move on to something else,,,Barboa is UNTOUCHABLE!
Eye....you're revealing who you are by what you don't post......something you might want to think about.
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