By Dr. James “Jim” Kadlecek
“The citizen can bring our political and governmental institutions back to life, make them responsive and accountable, and keep them honest. No one else can.” – John Gardner, founder of Common Cause
Lately, there have been accusations flying back and forth about conflicts of interest involving public officials.
Some say state Land Commissioner Pat Lyons has a conflict of interest because he accepted a campaign donation from a local developer and later gave that developer a state land contract on the East Mesa of
Some say city Councilor Gil Jones has a conflict of interest because his brother is married to the sister of the wife of a local developer who regularly seeks development approvals from the council.
Councilor Jose Frietze is regularly accused of conflicts of interest because his large non-profit corporation, FYI, receives federal funds through the city community development department for some of its programs.
A former mayor and county commission chairman have both been accused of rewarding friends and relatives with city contracts and favors.
Some wonder (myself included) if there were side deals involved when the city and county sold our public hospital several years ago. It was a tragically mistaken public policy decision which still makes no sense to me, but were there conflicts of interest?
I suppose if we thoroughly researched the matter, few local elected officials would escape accusations of conflicts of interest during their public service. However, when you closely examine most of these allegations, there have rarely turned out to be actual conflicts.
Often, officials are accused of conflicts because citizens are angry at them for casting votes they didn’t like. Sometimes, because of the fact that we are still a relatively small community where lots of people know each other (and many seem to be related), it’s a sort of guilt-by-association thing. Sometimes, it is not a true conflict, but something that looks suspicious, usually because the official failed to disclose some business or family relationship.
The public believes there is a problem
Having said all that, we must admit that there is a problem if the public believes there is one. All polls reveal that the public’s confidence in its elected officials is low and not improving. So, let’s examine this topic.
What is a “conflict of interest?” What standards should we demand of our elected officials? Are there laws governing the behavior of elected officials? Are there codes of ethics?
In short, it’s a felony to try to buy or sell votes or actions of public officials or employees.
So a conflict of interest exists when an elected official or a public employee does or will personally and directly benefit financially because of his or her actions in carrying out the official duties of office or position.
The best solution is sunshine
In addition to the law, there are several codes of ethics that regulate conduct. County commissioners recently strengthened their code of ethics. I’m told the city has a similar policy. There is an American Association of Public Administration code of ethics for public managers, as well as codes for the various professions.
Given all that, have we done everything we can to reduce conflicts of interest? The answer is clearly “No.” Conflicts, potential conflicts and suspicion of conflicts exist for several reasons. Among them are:
• Lack of enforcement. No independent body exists to enforce the law. District attorneys are reluctant to pursue punitive actions against other elected officials. These cases are often complex and the conflicts are subtle, indirect and hard to prove. That means they are costly to investigate and prosecute. Note the Vigil state treasurer trial. The governor and others have proposed an ethics commission, which is a good idea, if it is truly independent.
• Lack of understanding and education. I have taught government classes at the university and community college level for about 25 years. My students, of all ages, are generally not well informed about the basics of democracy and the functioning of governments at local, state and national levels. Most of them never had a government or politics class in high school. I’m told that most schools no longer require such courses. A better informed, educated and attentive citizenry would lessen the likelihood of conflicts of interest.
• Politics and Money. For congressional races, it is clear that to win election, you must raise and spend a lot of money. In nearly 90 percent of such contests, the candidate who spends the most wins. This phenomenon is becoming more and more true even at the state and local level. Interest groups use their campaign contributions to buy access to elected officials, and indirectly to influence voting decisions. The unpleasant but necessary answer to this is strict limitations on spending and public financing of campaigns.
We will probably always have some elected officials and government employees who will be tempted to use their powers in ways that are self-serving. The best overall solution to minimize this is to keep government as open and transparent as possible. When the light of the press and public shines fully and brightly on the activities of government, the likelihood of mischief is reduced. Not eliminated, but reduced. Sunshine, disclosure, open meetings, free and full information – those are the important concepts that lead to better government.
Kadlecek has lived in