Ethics bill brings needed reform in overseeing elected officials

A Column of News & Comment Plenty of major issues have been the subject of debate in the closing days of the 2011 legislative session.

Some matters require a great deal of negotiating and undergo a number of changes and amendments before finally coming to the senate floor for a vote.

This was not the case, however, with the Public Integrity Reform Act.

A bi-partisan agreement on the critical legislation was reached with relative ease and I was more than pleased to vote in favor of the comprehensive bill.

Better known as ethics reform, the Public Integrity Reform Act of 2011 significantly expands disclosure of outside employment and income of all legislators and makes the information available to the public.

It creates unprecedented transparency and creates an independent, bipartisan commission on public ethics with strong enforcement powers to investigate violations of law by members of the executive and legislative branches-as well as oversee lobbyists with newly expanded disclosure rules.

The bill could also result in stripping convicted violators of their pensions if they betray the public’s trust.

The powerful legislation is far-reaching and encompasses a number of long sought reforms.

• Greater financial disclosure. Financial disclosure statements filed with the new Joint Commission on Public Ethics from elected officials will now be posted on the internet and the practice of redacting the monetary values and amounts reported by the filer will end.

The act also includes greater and more precise disclosure of financial information.

It does so by expanding the categories of value used and requires disclosure of an elected official’s outside clients and customers doing business with, receiving grants or contracts from, seeking legislation or resolutions from, or involved in cases or proceedings before the state as well as such clients who meet the above criteria brought to the firm by the public official.

• Increased access to information about individuals appearing before the state.

The act establishes a new database of any individual or firm that appears in a representative capacity before any state governmental entity and the reason for their appearance.

• Additional disclosures for registered lobbyists.

The bill expands lobbying disclosure requirements, including the disclosure by lobbyists of any “reportable business relationships” of more than $1,000 with public officials.

• Forfeiture of pensions for public officials convicted of a felony.

Certain public officials who commit crimes related to their public offices may have their pensions reduced or forfeited in a new civil forfeiture proceeding brought by the attorney general or the prosecutor who handled the conviction of the official.

• Creation of a new Joint Commission on Public Ethics.

The Joint Commission on Public Ethics will replace the existing Commission on Public Integrity with jurisdiction over all elected state officials and their employees, both executive and legislative, as well as lobbyists.

The bipartisan joint commission will consist of 14 members-six appointed by the governor and lieutenant governor, at least three of whom shall be enrolled members of the major political party that is not that of the governor and eight appointed by the legislative leaders (four each from the two major political parties).

The joint commission will have jurisdiction to investigate potential violations of law by legislators and legislative employees and, if violations are found, issue findings to the Legislative Ethics Commission, which will have jurisdiction to impose penalties.

The joint commission will also conduct mandatory ethics training for executive and legislative officials.

• Clarifying independent expenditures for elections:

The act requires the state Board of Elections to issue new regulations clarifying disclosure of independent expenditures.

• Increased penalties for violations:

The act substantially increases penalties for violations of the filing requirements and contribution limits in the election law, and provides for a special enforcement proceeding in the supreme court.

The bill also increases penalties for violations of certain provisions of the state’s code of ethics that prohibits conflicts of interest.

The comprehensive ethics reform package is a major win and will mean a more open, accountable state government.