Saturday, February 11, 2012

GOVERNOR PROPOSES CHANGES TO THE ETHICS CODE

Louisiana Gov. Bobby Jindal has a package that only features five of 23 changes that were proposed Thursday by the Board of Ethics. (See: "Code of Ethics needs makeover").

"Elliott Stonecipher of Shreveport, who has criticized the administration since Jindal, in his first weeks, led a special session that stripped the Board of Ethics' powers to decide cases, says the changes "don't go far enough." id. Stonecipher said if the governor wants to make noticeable change, he should remove the heavy burden of proof the Legislature adopted for finding offenders guilty of violating the Ethics Code, and he also is critical of "allowing an unclassified employee appointed by the governor to serve as traffic cop" and naming attorneys who act as judges in ethics cases, which is "an enforcement machine that is fatally flawed. id.

"Ethics Administrator Kathleen Allen said she was pleased that the governor accepted some of the suggestions, including ones that clarify duties of the board and the panels appointed to rule on ethics charges." id.

"The biggest change allows the board to appeal rulings by the administrative judges when ethics charges are brought against suspected violators of the Code of Ethics" which it currently does not have. id.

Other proposed changes spell out that violations of the Campaign Finance Disclosure Act are judged by the Ethics Adjudicatory Board which would say that penalties are enforced by the Board of Ethics, and its staff has the power to assess and order penalties for late filings of campaign finance report and no longer by the governor's appointed administrative law judges. id.

Another change clarifies a timing issue that has resulted in charges being dismissed because the board did not take action within a year, and the governor's office said defendants can sometimes impede actions and force dismissal. id. "This proposed change in the law would grant the board some flexibility by giving it the ability to suspend the one-year dismissal rule in certain circumstances." id.

And finally, another "proposal would clarify when the law, which sometimes says "the board," is referring to the Ethics Board or the Ethics Adjudicatory Board". id.

I agree with Elliott Stonecipher that Gov. Jindal does not go far enough. His "gold standard" of ethics will not truly mean much until he pushes to revise that laws on nepotism,  putting some real teeth into the law whereby criminal charges can be filed instead of merely a fine which can be waived, and "not a single cup of coffee" rule that would prohibit lawmakers from getting ticket or anything in the way of gifts from those whom they pass legislation for.

See Also:

GRAY SEXTON ABIDES BY ETHICS and the posts linked thereunder
and

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