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By Billy Hesterman
Senate Communications Assistant

Why does the legislature need to focus on Ethics?

The legislature needs to focus on ethics to put in place the right kinds of measures that ensure government officials are acting in the best interest for the citizens of the State of Utah and not for their own interests. This is not a new effort. In the 2009 legislative session, Senator John Valentine sponsored and passed legislation that brought reform to campaign finances and prohibited communication by legislators with judges on pending cases. He also brought forward legislation to create an ethics commission for the legislature. This was long before the ethics initiative began. Legislation has been brought forward again this session to create the ethics commission. This legislation is titled SJR3. The legislature is working on this legislation carefully and responsibly to ensure that the right kind of law is put in place to protect the people of Utah from facing corruption in their government.

How will the Ethics Commission Work?

The duty of the Legislative Ethics Commission, created by SJR3, is to investigate complaints received about the actions of elected officials. For an investigation to begin two citizens or two legislators, with firsthand knowledge of an unlawful action, would need to report the action to the commission. Once the reports have been received the commission will then perform a private investigation on the official in question. –The investigation would be done privately to ensure that the complaints being filed are legitimate complaints and are not a political maneuver by those who may be in opposition to the official or an attempt to embarrass them or harm their reputation. Next the commission would make a recommendation to the Senate based on the findings of the investigation. If the allegations are substantial enough to move forward, a recommendation to proceed is made to the ethics committee. It will then conduct public hearings. If the findings are found unsubstantial, the investigation will close privately to ensure the integrity of the person who was in question. This process is similar to the existing Judicial Conduct Commission.

Who will be on the Ethics Commission?

The ethics commission will be made up of three retired judges and two retired legislators. The commission would be appointed by the President of the Senate, The Speaker of the House, and the minority leaders in both the senate and house.

Why make this a constitutional amendment?

This will give the voters a chance to make a constitutional choice. Making it a constitutional amendment will give the people the chance to choose how they want their government officials held accountable. This displays how serious the legislature is about ethics reform. Also by making SJR3 a constitutional amendment it will protect for the future, independence of the investigatory process of ethics violations. Meaning it will be harder for future lawmakers to alter this law because it would require altering the state constitution.

What’s next?

SJR3 will go through the process any bill goes through to become a law. It is open to scrutiny from lawmakers and from the public. This is your turn to help bring ethics reform to the legislature. What changes can be made to make the process better? What are your thoughts and ideas?

2 Comments:

 matt said...

I think that an "independent" commission sounds great but is a bad idea. It is based on the presumption that Utah's legislators are all unethical and need a watchdog, which I don't believe is true.

Also, embedding the commission in the Constitution might make it harder for unethical legislators to change it in the future, but it will also make it more difficult for ethical legislators to change it in the future if there are problems with it, especially since citizens would view any change to an independent commission as a step backwards on ethics even if there are major problems with it.

Laws and rules can't make anyone ethical. The best way to encourage ethical behavior is to voice expectations of it constantly and to remove anyone from office who violates those expectations. The people put men and women in office and they can take them out.

1/29/2010 3:35 PM  

 Nancy Swan said...

This article "Secrecy will breed a toxic government in Utah" published in StandardNet may help

(Jan 29 2010 - 4:12pm)http://www.standard.net/topics/opinion/2010/01/29/secrecy-will-breed-toxic-government-utah

Regarding Utah Senate Mulls Ethics Commission Legislation, 01.28.2010 by Elizabeth Ziegler: The Utah House of Representatives is ready to pass a package of five ethics bills and wants to model their proposal after Utah's "judicial review panel." (KCPW News) Utah's failed judicial ethical oversight system makes this a terrifying objective.

If the judicial review panel is to be used as the model, then secrecy and exclusion of the public will prevail and the ability buy favors and influence will be protected. Utah scored an F in "transparency," "Financial Disclosure," and "Gift Restrictions," in HALT's 2008 Judicial Report card (http://www.halt.org/jip/2008_jarc/) Utah scored a D in "Public Participation."

My information sparked a federal investigation in a high profile judicial bribery case that exposed Mississippi's failed ethical system. See what happens when states like Utah allow their ethical commissions to hide hearings and influence and pull strings to protect public servants rather than police them. http://www.nancyswan.com. Follow me on Twitter at http://twitter.com/ToxicJustice.

Nancy Swan

Mobile, Ala.

1/30/2010 7:18 AM  

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