Monday, March 24, 2008
Ethics Training for legislators and lobbyists
"The volume of grumbling suggests real change is afoot."
Filed As: General
Here is a piece that is widely circulated in Alabama. I (Michael Ciamarra) have been told that this really made a number of lobbyists and status-quo, insider legislators "grumble." My co-author is one of the most remarkable, talented and idea-driven state legislators.
Why it matters
By Paul DeMarco
and Michael Ciamarra
"The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse." James Madison.
When it comes to politics and the political class, it would be useful to actually define "ethics." The accepted definition is "the rules of conduct recognized in respect to a particular class of human actions or a particular group ..." Fairly obvious, but some people, regrettably, have interpreted "ethics" in much more loose and self-centered terms.
A recent national poll by American Solutions vividly demonstrated the public's support for real change. When asked how important it is as a goal for government at any level to provide long-term solutions instead of short-term fixes, 92 percent of Americans (majorities of Republicans, Democrats and independent voters) believed it was important.
Apply that dramatic finding to "ethics" reforms and you will see that quick fixes and short-term glossing over won't do. In that setting, what is needed is a clear understanding of Alabama's ethics law using technology and the most thorough professional training available.
Most employers have their practices, procedures and company ethics codified in an employee's handbook. Working in a private-sector business, it is explicitly understood that all of their employees will observe these practices. Many businesses will conduct workshops or training sessions for their new employees as to what is expected from them. Companies go to great lengths to inculcate their employees in their procedures and expectations.
The questions are: Can we apply the same standard to our elected and appointed public officials? Can we be assured our elected officials in Montgomery have read the "employee handbook" and understand the responsibilities and consequences of the ethics laws?
We think there are four principles that frame why we need to commit to ethics education from our public officials.
According to the National Conference of State Legislatures, 44 states include some type of ethics training for their newly elected members; in 16 states training for ethics is mandatory; 17 states have ongoing training available to legislators. An increasing number of states offer ethics training for lobbyists, although not usually mandatory.
The Alabama Ethics Accountability Education Act requires that legislators must attend a training and education program on Alabama's ethics laws at the beginning of the legislative quadrennium. If this legislation is enacted, it will take effect after the next election of the Legislature.
If any changes are made to the Alabama ethics laws additional training will be scheduled. The program will be taught by the state Ethics Commission. We would add that, despite limited resources, Alabama's Ethics Commission is one of the finest in the nation.
All state constitutional officers, governor's cabinet members and governor's executive staff will be required to participate in the ethics training program. All lobbyists will be required to attend ethics law training. A newly registered lobbyist must attend the training class within 90 days of registering or will be forbidden to lobby the legislature.
Additional training would be conducted if Alabama's ethics law is amended.
Very importantly, the legislation doesn't mean that someone covered under this bill won't face prosecution or conviction for breaking the law even if they attended mandatory ethics education training.
The House already has passed our bill by 101-1. Now the bill moves to the Senate for its consideration.
Legislation banning PAC-to-PAC transfers, which will bring clarity and accountability to the process of who gets campaign contributions and from specifically whom, gets all the limelight. However, two other measures also would go a long way to restore confidence in governance.
Rep. Mac Gipson, R-Prattville, has introduced legislation that would make it easier for the state's Ethics Commission to do its job by giving it subpoena power. Rep. Mike Ball, R-Huntsville, is sponsoring the Public Employment Right to Know Act, which requires all elected officials in Alabama and their immediate family members to disclose whether they hold a state job and/or a state contract. If passed, this information would be readily available on the state's Web site.
Albert Einstein said, "We can't solve problems by using the same kind of thinking we used when we created them." We hope the Legislature can re-instill trust with the public by passing these ethics reforms.
Rep. Paul DeMarco, R-Homewood, serves on the House Judiciary Committee. Send e-mail to pdemarco@pljpc.com. Michael Ciamarra is vice president of the Alabama Policy Institute. E-mail him at michaelc@alabamapolicy.org.
- posted by Michael Ciamarra
- 4:16 pm
- 0 comment
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