2014_1112_Ethics Packet - Laserfiche WebLink

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this through education, that is, bv focusing the organization and community's attention on the problems that arise from ethics violations. There will be mistakes and minor ethics violations no matter how effective an ethics program is, but they should become fewer as the ethics program becomes understood and institutionalized. It is essential that an ethics commission be pennitted to initiate investibations without a complaint, based on information it is given through a hotline or that appears in the press. Too often, those who know what is going on are too afraid of retaliation to file a formal complaint. Compared to criminal enforcement, ethics enforcement should be simple, quick, and inexpensive, usually ending in a public settlement that provides guidance to other officials. Ethics enforcement, which is administrative rather than judicial, has a far lower standard of proof ("preponderance of the evidence "or "clear and convincing evidence," as opposed to the criminal "beyond a reasonable doubt"), inuch more relaxed presentation of evidence, and little or no requirement to prove inotivation or intent. Therefore, ethics violations are far easier to investigate and ethics laws are far easier to enforce. On the other hand, no one goes to prison and fines are relatively low. When penalties are too high, officials will fight for their lives, and the ethics program will be expensive, distorted away from its emphasis on prevention, and sometimes destroyed in order to prevent further enforcement and expenditures. But it is important that an ethics commission have a range of penalties to choose from, including fines, reprimand, damages, civil f'orf'eiture, disciplinary action, injunctive relief, and avoidance of contracts and permits. Many officials argue that ethics enforceinent is better done at the polls. This is wrong for four reasons. One, citizens cannot act on what they don't know. Without a good ethics program, there is no reason to believe that citizens will know about ethical misconduct. If accusations are made, there is no way for citizens to know if they are true or not. They may vote out officials who have done nothing wrong. In any event, inost citizens don't pay very close attention to accusations inade against officials, don't have much understanding of government ethics, and are unlikely to remember what happened when the next election rolls around. Two, there is no reason to believe that ethical misconduct will be the determining factor in many people's voting decisions, as opposed to policies and the qualities of other 25