A Question of Ethics
Are local
agencies complying with new ethics
law?
The
Santa Cruz
...all power is a trust;
we are accountable for its exercise.
British Prime Minister Benjamin Disraeli
According to more than a decade of research by the Institute
for Global Ethics, most people around the world regardless of nationality, culture
or religion agree that acting ethically, or doing what is considered good
and/or right, is of primary importance. And although they express the concepts
in different ways, most people believe that to act ethically means to be
compassionate, fair, honest, respectful, and responsible.[1]
As elected officials are expected to act in the best interests of the public,
office holders should be held to a high standard of ethical behavior. Citizens need to know
that government officials not only understand but follow the ethical standards
that are required of them. [PR1]
On October 7, 2005, the governor signed Assembly Bill No. 1234[2] into law. Effective January 1, 2006, AB 1234 requires (among other things) that local officials who receive compensation, salary, stipends, or expense reimbursements must receive training in public service ethics laws and principles by December 31, 2006. The requirement applies not only to the governing body of a local agency but also to commissions, committees, boards, or other local agency bodies, whether permanent or temporary, decision-making or advisory. Training must be renewed every two years.
Information and resources have been established
by the Office of the Attorney General.[3] On-line
training is supplied by the attorney general[4] and the
Fair Political Practices Commission (FPPC)[5]. The
California Special Districts Association offers a DVD of ethics training.[6] The
Institute for Local Government also provides AB 1234 Compliance Resources.[7]
Online training is free and available to all citizens at http://localethics.fppc.ca.gov. The state recommends that a copy of Proof of Participation of Ethic Training is retained in personal records by agencies that fall under this law for at least five[PR2] years.[8]
As
explained in the online course provided by the FPPC,[9] ethics
law falls into four categories, each of which relate to certain ethical
principles:
·
Personal financial gain.
·
Personal advantages and perks.
·
Governmental transparency.
·
Fair processes.
The objectives of the FPPC course are:
·
To familiarize you with laws that
governs your service.
·
To help you recognize when to ask
questions of your agency counsel.
·
To encourage you to think beyond
legal restrictions and provide tools for doing so.
·
To help you comply with the state
mandatory ethics education requirements.
Among the
best practices recommended by the FPPC are:
·
Make all decisions with only the
public's interests in mind.
·
Before you make a decision,
carefully consider whether you have a benefit or personal interest in the
matter under consideration.
·
Consider very carefully whether
receiving a particular benefit is worth the risk that someone will try to
correlate it with your actions as a decision-maker.
·
Assume all information is public or
will become public.
· Don't discuss agency business with fellow board members outside meetings.
· Be aware of the kinds of economic interests that can trigger a need to step aside from being involved in a decision.
· Talk with your agency counsel early on to enable him or her to perform the complex analysis required to help you determine whether you will need to step aside from participating in a decision.
·
Avoid the temptation to look at
public service as an opportunity for financial gain.
· Look at every decision and ask yourself whether it involves a financial interest for you.
·
Comply with legal reporting
requirements on your Statement of Economic Interests (threshold: anything $50
or more from a single source over a calendar year).
·
Avoid exceeding the annual gift
limit of $360.
·
Know when you need to disqualify
yourself in matters involving a person who has given you $360 in gifts over the
preceding 12 months.
· Know what kinds of gifts are prohibited, not just limited.
·
Ask the value of all gifts so you
can track and properly report them.
·
Avoid perks and the temptation to
rationalize about them.
·
Be guided by principles of fairness
and merit-based decision-making in contracting decisions.
Even the most rational approach to ethics is defenseless if
there isn't the will to do what is right.
Alexander
Solzhenitsyn
The scope of this investigation was to determine if government agencies in
This
questionnaire consisted of the following
questions:
Has your organization met the
ethics training requirements of AB 1234?
If yes, how and when did you
accomplish this task?
If no, what is your plan to obtain training? Note that this must be accomplished by December 31, 2006.
How did your organization find out about AB 1234?
If you have a written ethics policy, please submit it with this survey.
Do you have any additional comments
about AB 1234?
Relativity applies to physics, not ethics. Albert Einstein
1.
The
·
Santa Cruz County:
Davenport Sanitation District, Freedom Sanitation District, Graham
Hill Rd. County Service Area, Pajaro Storm Drain Maintenance District, County
Flood Control & Water Conservation District, County Sanitation District,
Solid Waste Disposal District, County Service Area Manager
·
Cities:
Santa Cruz, Scott Valley, Capitola, Watsonville
·
Water Districts:
Scotts Valley, Soquel Creek, San Lorenzo Valley, Pajaro Valley
· Fire Protection Districts:
Central, Pajaro Valley, Zayante, Aptos/La Selva, Ben Lomond, Scotts
Valley, Boulder Creek, Felton
·
Salsipuedes Sanitary District
·
Pajaro Valley Cemetery District
2.
The County Administrative Office reported to the
3.
All county employees are subject to the provisions of
Government Code Section 1126, et seq., Santa Cruz County Code Section 3.40 and
Section 173 of the County Personnel Rules and Regulations regarding
incompatible activities.
4.
The County Board of Supervisors directed the Personnel
Department to maintain records of training completed by officials.
5.
Special district agencies learned of ethics training
requirements from counsel,
district associations and financial auditors.
6.
Seven
agencies provided their written ethics policies.
7.
Most
county officials opted to take the
ethics course online.
8. At least four special
district agencies had staff
who took an online ethics course.
9.
Three agencies staff received training from their
independent auditors.
10. Five identified legal counsel as providing
training.
11. District Association meetings
provided training classes to at least eight agencies.
12. Two agencies reported the training
was helpful and informative.
13. One agency commented that state
officials would benefit from this training.
The agencies in Santa Cruz County are
complying with AB 1234 by participating
in ethics training and developing policies to comply.
The Santa Cruz County
The government is
merely a servant merely a temporary servant; it cannot be its prerogative to
determine what is right and what is wrong, and decide who is a patriot and who
isn't. Its function is to obey orders, not originate them.
Mark Twain
·
Responses to
·
Web sites:
o
Institute for Global Ethics
http://www.globalethics.org/about/faq.htm
o
California State Senate
http://info.sen.ca.gov/pub/05-06/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chapterd.html
o
Office of the Attorney General
http://caag.state.ca.us/ethics/
o
OnLine AB 1234 Ethics Training
http://localethics.fppc.ca.gov/ab1234/
o
California Special Districts Association
http://www.csda.net/
o
Institute for Local
Government
http://www.ca-ilg.org/trust/
o
League of California Cities
http://www.cacities.org/resource_files/25287.ELR2007.pdf
This page
intentionally left blank.
[1] Institute for Global Ethics, http://www.globalethics.org/about/faq.htm
[2] California State Senate
website, information
about AB 1234, http://info.sen.ca.gov/pub/05-06/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html
[3] Office of the Attorney General, Ethics Training Courses for State Officers; hereafter cited as OAG, http://caag.state.ca.us/ethics/
[4]
OAG. http://caag.state.ca.us/ethics/
[5] Online AB 1234 Ethics
Training; hereafter cited as Online Training, http://localethics.fppc.ca.gov/ab1234/
[6] California Special Districts Association website, http://www.csda.net/
[7] Institute for Local Government website,
http://www.ca-ilg.org/trust
[8] League of California Cities, Ethics Law: Reference for Local Officials, http://www.cacities.org/resource_files/25287.ELR2007.pdf
[9] Online Training, http://localethics.fppc.ca.gov/ab1234/