Locks keep honest people honest. And ethics laws keep ethical council people, and borough managers, ethical. Though it comes way too late, Quakertown is in dire need of a modern, meaningful ethics law. And there are plenty of models out there...
A report by the New York Association of County Attorneys said it best: "The purpose of ethics laws is not to catch crooks, but to improve both the reality and the perception of integrity in government by preventing conflicts of interest before they occur. So, ethics laws must focus not on punishment, but on prevention. Indeed, municipal officials most often violate an ethics rule because they don't know what the rule is."
In fact, there are many states, and municipalities, around the country that have already enacted strong, progressive ethics laws. In almost every case, the new rules came about after public disclosures by the media of corruption, wrongdoing, favoritism, and lack of punishment for those caught in compromising positions. Sound familiar?
Massachusetts is the gold standard. The state prohibits use of an official position to obtain any type of "unwarranted privilege" of substantial value ($50 or more) for the official, or anyone else (not just the individual himself, or his immediate family, as in Pennsylvania). Other governments have followed.
Local officials there may not use municipal resources, such as trucks or employees, for personal purposes or preferential treatment. Such a law might (or should) have prevented Quakertown Borough Manager David Woglom from arranging for borough trucks and employees to deliver stone to councilman Dan Williams at 280% below market rate.
And Massachusetts goes even further, prohibiting officials from taking any type of action that could even create " an appearance of impropriety, or otherwise acting in a manner which could cause an impartial observer to believe that his/her actions are tainted with bias or favoritism". Before taking any type of action which could appear to be biased, officials must first file a full, written disclosure of all the relevant facts with the Town Clerk. They also must make the disclosure public at a Selectmen's (council) meeting, reflected in the minutes.
Now that is what we need in Quakertown! If council had been required to tell the public in advance about giving landscaper Lynn Kraft $60,000 worth of no-bid, no-budget-limit, no-documents-of-any-kind contracts, they might have thought twice. Or at least once.
The bottom line is that all elected officials, and municipal employees, should be held to a higher standard. Beyond reproach. Above suspicion. Purer than Caesar's wife. The New York State Comptroller reported "The courts of this State have held public officials to a high standard of conduct and, on occasion, have negated certain actions which, although not violating the literal provisions of a municipality's code of ethics, violate the spirit and intent of these enactments , are inconsistent with public policy, or suggest self-interest, partiality or economic impropriety."
For instance, Pennsylvania requires any public official or employee (including the borough solicitor) to file a statement of financial interests no later than May 1 of each year. Former council president Ray Fulmer did not file in 2004. Current president Dennis Hallman, and solicitor Chuck Fonzone, did not file in 2005. The appearance of impropriety.
And there are all of those disgraceful borough purchases from businesses owned or represented by councilmen Williams, Jim Roberts, and Dave Wilsey.
Miami-Dade County, Florida, went so far as to enact a Citizens' Bill of Rights, which starts off (and please note, council members), "This government has been created to protect the governed, not the governing." Important provisions include "No county or municipal official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members of the public."
Imagine that...a law which would actually require council, and Woglom, to tell the truth, the whole truth! I'll vote for that. Will they???
And "The County shall, by ordinance, establish an independent Commission on Ethics and Public Trust comprised of five members not appointed by County Commission, with the authority to...enforce the county and municipal code of ethics ordinances, conflict of interest ordinance...and Citizens' Bill of Rights."
Ditto in Connecticut, where, during 2003 and 2004, legislation was introduced that would have mandated the establishment of local ethics commissions in every town in the state. Another great idea that Qtown should adopt. Instead of council appointing some of its own members to investigate itself, there would be an Ethics Commission named by someone(s) outside the borough. This might even be a full-time job for a while!
Wisconsin is typical of modern legislation that gives citizens the power to report alleged ethics violations through a sworn complaint. The state must then investigate, and may fine violators. Connecticut adds a "whistleblower" provision, which keeps the names of complaining citizens private, and protects them from official retaliation.
Quakertown council members hilariously claimed earlier this month that they just didn't know about the prohibition against secret ballots when they used them to elect a new president. Despite the fact that such secrecy has been banned for twenty years! So how about some mandatory education, as is required by a widely-admired ethics bill in Jacksonville, Florida...
"Within 90 days after taking office, every elected official within the consolidated government shall complete ethics training". Our lawyers, doctors, and many other professionals are required to take ongoing education courses. If we demand the same of our leaders, perhaps they won't embarrass themselves quite so often.
Borough council need not reinvent the wheel. A model ethics ordinance has been written by the International Municipal Lawyers Association, and can be found under research/resources at www.gmanet.com. Or they could copy any good law from around the country.
Or I will be glad to draft one for them!