Ethics Matters News

PROBLEMS AT THE COUNTY ETHICS COMMISSION MEETING

The Issue of Confidentiality

At the October 16 County Ethics Commission meeting, the members voted to request that the County Commissioners amend the Ethics Law to provide an “enforcement mechanism” for maintaining the confidentiality of complaints. The Ethics Law provides that “following the filing of a complaint and unless and until the matter is referred for prosecution or a finding of a violation has been made, the proceedings of the Commission in connection with the complaint shall be conducted in a confidential manner, unless such confidentiality is waived by the respondent.” This provision addresses the real concern that government officials and employees are sometimes “tried in the press.” To help keep that from happening, the complaint proceedings of the Ethics Commission are to be conducted in a confidential manner.

How can this problem be addressed?

The confidentiality of most complaint proceedings becomes less than complete when someone - usually the complainant - gives the complaint to the press or otherwise makes it known. This has happened in virtually every ethics complaint in Queen Anne’s County in recent memory. It happens in all counties, at the State level, and as we are seeing right now, at the national level. The QAC law nowhere states that the complainant cannot make the complaint public. It is questionable whether such a law would even be constitutional.The law does say that the “proceedings” (the investigation and, if necessary, the hearing) conducted by the Ethics Commission are to be conducted in a confidential manner - that is, in closed session, unless the respondent wants the investigation and hearing public.

Question: Upon receipt of the complaint, does the QAC Ethics Commission remind the complainant that the proceedings are confidential and make a request that the complaint be kept confidential?

To do anything more than this is difficult, because legislation that prohibits the complainant from disclosing the complaint would most likely be void as an infringement of citizens’ First Amendment rights to freedom of speech and freedom of the press. It will be interesting to see how the County Attorney advises the County Commissioners on the Ethics Commission’s request. Some counties impose sanctions against individuals who file multiple frivolous complaints, but none that we know of attempts to impose a gag order.

Open Meetings violation

The Ethics Commission should be aware that, in all likelihood, they violated the Open Meetings Act when they discussed and decided in a closed session to pursue a motion to request the “enforcement mechanism” amendment discussed above.Discussions about changes in the law should not take place in a closed meeting.< Hopefully, realizing their error, the Ethics Commission will cure the problem. The County needs to do a better job of equipping their volunteer Commission members for the task of interpreting and enforcing the Ethics Law, all the while negotiating the Open Meetings Act that provides the public with the transparency and accountability that a democracy requires. The citizens on the Ethics Commission need to be informed about and understand the laws they are enforcing and are subject to as they go about their duties. They should not be stumbling into the embarrassing situation of acting in violation of the law.

Possible recommendation from the Ethics Commission to the County Commissioners

If the Ethics Commission is going to request the County Commissioners to amend the Ethics law, it should consider echoing the State Ethics Commission’s recent recommendation that the QAC Ethics Commission be given the right to require that relevant information is produced and knowledgeable witnesses testify at complaint proceedings, so that the Ethics Commission is not forced to dismiss ethics complaints for lack of evidence.

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Posted on 18 Oct 2006 by admin
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