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Ethics commission
New board ready for trial run
Jul 7, 2010 (Salt Lake Tribune Editorial)They’ve just slapped the wheels on, and already, the state may be taking its newly assembled ethics commission for a spin around the block.
Rep. Neil Hansen, D-Ogden, is mulling an ethics complaint against House Majority Whip Brad Dee, R-Ogden. Hansen claims that Dee, Weber County’s human resources director, attempted to silence Hansen’s brother, an employee of the Weber County Sheriff’s Office. Hansen said Dee threatened to “make life miserable” for his brother, who had criticized Dee over proposed changes to the state’s public employee pension system.
At this point, all we’ve heard are allegations. If they’re true, they should be treated as a serious offense by the law, the Legislature and Dee’s employer.
The law has already passed on the case. Hansen filed a criminal complaint but Salt Lake City Prosecutor Sim Gill declined to file charges, noting conflicting claims and a lack of corroborating evidence. Now, if Hansen chooses to file an ethics complaint and it’s deemed “technically compliant” by the leaders of the House Ethics Committee, we’ll see the legislative version of ethics reform in action. Well, actually, we won’t.
The Legislature, in an attempt to shield lawmakers from false charges, put a lid on ethics proceedings from start to finish. If a complaint is discussed publicly after it is filed, it will be dismissed and the person who leaked the information could be held in contempt. The only way a complaint becomes public is if and when the commission deems the allegation to have merit, and forwards a recommendation for punishment to the Legislature.
That’s unfortunate, particularly in cases like Dee’s, when the allegations are already out. If a complaint is filed and Dee is exonerated, he will still be under public suspicion unless he asks to have the record released to clear his name.
Make no mistake, the new system is better than the old closed-door system, when lawmakers tried lawmakers on ethics allegations, and only legislators could file complaints. Now, an impartial panel of three retired judges and two former lawmakers, who were appointed last week, will adjudicate complaints grand-jury style. The commission has subpoena powers, a staff and a $50,000 budget to conduct investigations.
But, until lawmakers allow a public airing of all ethics complaints and proceedings, this attempt to mend the Legislature’s reputation in the eyes of the public will fail, and cynicism surrounding the Legislature, as well as the ethics complaint process, will persist.