Ethics Matters News
With the introduction last night (January 9) of an amendment containing an important conflicts provision, the
These amendments, the Ethics Reform Act of 2006, will provide our County with:
- an ethics code that meets and exceeds the State’s minimum requirement for County Ethics Codes
- an independent Ethics Commission
- a fair, enforceable Ethics Code that promotes open, accountable government
- an Ethics Code good enough to serve as a model for other small counties as they update their codes
- an Ethics Code that government officials, employees and the public at large can point to with pride
Most of the proposed amendments were introduced on December 19 by Commissioner Billups and co-sponsored by Ms. Fordonski, Mr. Gunther, Mr. Ransom, and Dr. Wargotz, making the introduction of the proposed amendments unanimous. It is notable that the new Board of County Commissioners chose to make these amendments to the Ethics Law the first piece of legislation of their administration.
Provisions of Proposed Ethics Amendments
Conflicts of Interest:
§ Restores the missing required conflicts of interest provision that prohibits having a contractual relationship with a business subject to the authority of your government unit.
§ Excuses from conflicts provisions regarding employment or ownership interests those officials or employees who are appointed to a regulatory or licensing authority pursuant to a requirement that persons subject to the jurisdiction of such authority be represented in appointments to it.
Complaint procedures:
§ Counsel prosecuting a complaint may not be the same counsel who advises the Ethics Commission on the complaint.
§ Rules regarding confidentiality of complaint proceedings.
§ Ability to require relevant evidence or knowledgeable witnesses (subpoena power subject to review by the
§ Number of years allowed for bringing a complaint for an alleged violation increased to 2.
§ Provides penalty for filing more than 2 frivolous complaints.
- Respondent found innocent in complaint proceeding recommended for reimbursement for reasonable legal fees.
Lobbying:
§ Those registered as lobbyists do not have to account for all their income from a client, only income received for lobbying activities as defined by the QAC Ethics Law.
Ethics Commission:
§ Membership of Commission expanded to 5 and an alternate.
§ Limit lobbyist prohibition to Commission member (not family members)
§ Attorney for Ethics Commission appointed by Ethics Commission with consent of
Definitions:
§ “subject to the authority of” defined and used consistently throughout code