2005-03-09 Board of Ethics Minutes regular mc

Home

CHAIR: Sorry. SC: And we're here now. CHAIR: Thank you. SC: You're welcome. CHAIR: Thank you, Vice Chair. SC: We're on the Senate Bill 1548. CHAIR: Oh, right, that was the other missing bill I'd asked about. Senate Bill 1548, relating to County Ethics Commissions. I've not seen that bill, who's got that bill? PKO: Me. I put that on to tell you that there is such a bill floating in the legislature. CHAIR: Oh, I see. Draft. PKO: Yeah. But it seems to be surviving. It says that the constitution says the ethics commissioner shall be selected in a manner which ensures their independence and impartiality. So somehow the issue has raised as to whether, because they're selected by the mayor and approved by the council, they are subject to the Ethics Code, whether that was ensuring impartiality. The AG said yes, they wrote and said yes, but Mollway, who's the director of the State commission, says he doesn't think so. So they're passing this through, basically saying the same thing as the constitution, without telling us how we should do it better. CHAIR: What agency or body does the review, or has the review authority? PKO: Him, so I don't know. The State Ethics Commission is lucky in thatI don't know if they're more impartial or better than —the Judicial Council, which is part of the Judiciary, selects two names and gives it to the governor. The governor picks one of the names. But they're not approved by the legislature. So I guess it's a query whether —which is a better system. I have to talk to the Mayor and see if he wants us to comment on it, but I talked to the other counties, and so far no one is going to testify or submit. CHAIR: So you're suggesting we remain passive and watch and see? 14