Revisit Ethics Reform at all Levels of California Government

The need for ethical reform in California has reached critical mass at all levels of government. So much so, that the people of California demand ethical reforms more now than at any other time in this State’s history. However, they demand it with the sense of  skepticism:  As one blogger has framed it, “No matter what rules we try to impose to prevent corruption the politicians just find another way to get around it.” However so, Californians want all loopholes with gift-giving closed and they want the rules more strict. And they want it now. They don’t understand why this is not already in place.

Many believe giving-gifts to the relatives of elected officials is simply indirect bribery.  And while our elected officials see gifts and donations as “business as usual, ” the average citizens see what it truly is — graft and corruption in government. Indeed gift giving is a massive problem. It’s a back door to influence peddling.

On December 7, 2009, the Sacramento Bee published an editorial called Officials’ relatives should reveal gifts. It was a subtle point of view, but they are correct. There is a simple solution for relatives of politicians who wish to retain their privacy — don’t accept the gifts. And there is one governmental watchdog that is doing something about it, sort of.  The *California Fair Political Practice Commission (FPPC) is expected to vote on the new gift rules this week. The Bee believes the new ruling will be approved.

Present law is such that public officials have to report all gifts worth $50 or more, nor accept more in a year than $420 worth of gifts from one source. As the Bee reported, “the loophole this leaves for someone trying to influence legislation, or policy, is obvious. If the same gift is given to the official’s spouse or children, the reporting obligation vanishes.”

If the  FPPC  adapts the new rule, officials’ relatives follow the same rules on gifts as the officials themselves.  Since some politicians do not like the proposed requirement, they can just leave office once and for all after or before their term expires. Thank you and goodbye. Watch the door… .

The rule is going to help ethics reform but it does not go far enough. Their proposed rule has a loophole so gaping a thousand crooked public officials holding hands could dance through the loophole. Problem is, non-lobbyists can still give gifts to relatives. You give me a thousand dollars for every crooked official that dances, I give it to their sister or brother, they pinch it for a couple of hundred, and in turn give it to the the intended official.  The Bee puts it this way:

People have to register as lobbyists only if they are paid $2,000 for lobbying in any month or spend at least one-third of their compensated time in lobbying activities. So, in theory, someone who didn’t meet these criteria could give gifts to relatives of public officials and never report them.

The other unfortunate FPCC loophole is this: “It also makes an exception for spouses and children of officials who receive gifts from people with business before the state. Fine, fine, fine but not really. A politician heads a powerful regulating committed. You give his kid an endowment which pay for his education through post-graduate school. Daddy will see to it that you’re taken care of.

Why the loopholes? Close the damn things! Maybe our good friend in Sacramento, Rep. Paul Cook (Rep), can work on this for us.  Indeed,  he would not only be a combat-experienced much respected veteran but also an ethical reformer. A champion of the people.

San Bernardino County’s Board of Supervisors just passed a measure aimed at restoring public confidence in their ethics: a ban on using public office for personal gain.  Cassie MacDuff, Riverside Press-Enterprize, points out “Supervisor Neil Derry admits the new law is largely a symbolic gesture. State laws already on the books prohibit this kind of thing.  Unfortunately, all the standards in the world don’t make bad people good or unwise people wiser.”

She highlights that ethical lapses that have occurred in county government “were not close calls”. The people who did them knew what they were doing, or should have known.  So when is the county really going to get down to business on ethics?”

At the local level, take our own Twentynine Palms City Council. [However, exempt Councilman Steve Spear. The only one known in the group who "represents the common people".]

The Council recently had ‘ethical lapses’ that occurred that “were not close calls”.  At issue, the infamous Expectations No-Bid Contract.  The so-called Gang of Four knew or should have known they were wrong in granting a no-bid contract to a local insider crony comrade.  The President of the Chamber of Commerce had *expectations* of getting that contract, worth I believe $135 thousand.  Including permanent free lodging for the Chamber (the shell that’s left of it).  All taxpayer monies mind you. The Chamber’s qualifications were poor at best.  While a local professional Organization — with an outstanding resumé of experiences and qualifications — was waiting to place a bid — the Gang of Four arrested that bid before it could be placed in spite of recommendations from their own professional staff.

So, akin to Cassie MacDuff query to SB County, when is the 29 City Council really  going to get down to business on ethics?

By Branson Hunter

* Contacting the California Fair Political Practice Commission

♦ Fair Political Practices Commission
428 J Street, Suite 800
Sacramento, CA 95814

♦ (1-866-275-3772). Telephone Advice is Available: Monday – Thursday 9:00 a.m. -11:30 a.m. & 1:30 p.m. – 3:30 p.m.

♦ To request copies of public records you may hand-deliver, mail, e-mail or fax your request to the address above, to the attention of the Public Records Act Coordinator.  For your convenience, a link to a request form is provided here (pdf). Requests can also be made by telephone at (916) 445-CPRA.  In order to expedite our response, please make sure that your request includes the following information:  (1)  the name of the requestor; (2) the name of the organization (if any); (3)  a mailing address; (4)  a contact telephone number; and, (5)  a specific description of the records requested. For more information about the CPRA requests click here.

♦ Media inquiries and requests should be directed to our press line at 1-916-322-7761. Also, see the Media Center on our web site.

“The ends do not justify the means.” If you use illegal mean to accomplish a legal and even desirable result, the good result does not make the bad means you used justifiable.

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