According to the NJ, the NCCo Council is looking to provide itself some cover from having to release some of its ethics reports.
You read that right.
Paul Clark and George Smiley are working at a bank shot with this bill — trying to pretend that the work of the Commission doesn’t count with the public unless they find a problem:
The ordinance, drafted by County Councilman George Smiley, would prohibit the independent commission from releasing a “final order” unless its members have reached a majority opinion on whether an ethics violation has occurred.
This Final Order releases the results of an Ethics Commission investigation to the public — whether there was a violations finding or no. So if Clark and Smiley get their way, NCCo taxpayers would never know about work undertaken by this group. Unless this group determines that a violation has occurred.
Clark and this Council have very strong instincts for trying to retreat behind some protective covering. Especially since Clark himself has a habit of working to see what the limits might be of how far he can take conflict of interest behavior. Cutting off all sunshine to the work of this Commission lets him explore that line with impunity. And there’s this gem from George Smiley:
Smiley said some of the reports can make the subject of an investigation feel guilty even if he or she has done nothing wrong.
“It appears that, and I think quite unfairly, that the Ethics Commission is untouchable,” he said. “No one should ever question what they do because it would appear unethical.”
Well, heck. This is just all sorts of wrong. But lets start with the Ethics Commission — it isn’t worth much if it isn’t independent and free to operate in the light. It seems a fair compromise to let this Commission do their work and release their findings. I’d think that a released report that clearly vindicates someone ought to be a good thing, not a cause for retroactive guilt. And even if there is retroactive guilt — the process is the important part. And no one should question what the Commission does because it would be unethical? Is Mr. Smiley 15 years old?
The Ethics Commission exists to review the activity of those trusted to do the business of the County — to make sure that work is done within the ethical and conflict of interest regulations or guidelines set. It exists to make sure that citizens have some confidence in their government — a thing that Mr. Clark has been challenging pretty routinely all year. You can’t have confidence building or an airing of conflicts of interest in secret. Taxpayers should know what the results of this Commission’s work is — especially if it clears someone.
They plan on voting on this in September — but there is no note as to when they will vote on a replacement member or even if there are additional replacement members waiting for hearings or votes. If I were you Mr. Clark, Mr. Smiley and the rest of the NCCo Council — I’d make my first priority getting the Commission fully staffed rather than trying to hide their work.