Ethics reform: The time is now

By Matt Brix

Given the intense public interest in ethics during 2006, and the role the issue played in the federal mid-term elections last fall, more than a few voters hoped the matter could be resolved quickly this year. The answer most people were looking for was comprehensive reform.

Alas, here we are in September 2007. The ethics drumbeat only grows louder, and major reform is still needed.

Some notable progress has been made. New Mexico now has restrictions on gifts to public officials. Judges running in partisan elections for the Court of Appeals and Supreme Court have the option to utilize public financing. The giving of campaign contributions by contractors during the bidding process has been outlawed. And the Governmental Contact Act now applies to judges.

Further reform is needed.

Extending reform

The urgent need for ethics reform is not about any one individual. Instead, it is about restoring faith in government. By proactively working for ethics reform, an excellent opportunity exists to break through the prevailing cynicism, re-engage people in the political process and restore faith in government.

The vast majority of those serving in public office, at all levels of government, are undoubtedly honest people. While electing ethical leaders is important, it is far from sufficient.

James Madison wrote in Federalist 51, “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” Simply stated, we are a nation of laws. In keeping with this founding principle, we must work to institutionalize ethics.

One of the best ways ethics and clear bright lines for ethical behavior can be institutionalized is to create an independent ethics commission. Much has been written about the proposed enforcement powers of such a commission.

A commission would have a strong educational component as well, including training for public officials, state contractors, lobbyists and public employees. It would also issue advisory opinions. Through this important educational component, the ethics commission would help institutionalize ethics in New Mexico.

Equally important is the need to eliminate the potentially corrupting influence of money on our political system. As candidates spend more time raising money from those who can afford to make increasingly large campaign contributions, they have less time to communicate with average voters. This is not how a democracy is supposed to function.

One way we can mitigate the role of money in the political process is to do what 45 states are already doing: Enact reasonable limits on campaign contributions. Another is to expand the voluntary public financing program in New Mexico. Both are critical to stopping the fundraising arms race between the two major political parties.

Prospects for reform

Following the 2007 regular and special legislative sessions, Gov. Bill Richardson reconvened the ethics and campaign reform task force. The activities of the task force and its recommendations have been well covered on this site.

The task force is not the only body examining prospects for reform in the interim. A bi-partisan legislative subcommittee on ethics, comprised of leaders from the New Mexico House and Senate, is set to meet four times this fall in preparation for the 2008 legislative session. They met for the first time this past Friday.

The meetings of the task force and legislative committee provide opportunities to learn more about what other states are doing, thereby highlighting the strengths and weaknesses of New Mexico’s laws. The meetings also give the public an opportunity to hear more about reform proposals, both through direct attendance and by way of reporting in the media.

Theoretically, there should be a fairly high level of knowledge about ethics reform when the 2008 session begins, especially among those on the task force and on the legislative subcommittee.

But what are the real prospects for reform?

I am confident we can pass important legislation in 2008, but it will not happen without the direct involvement of ordinary New Mexicans. The prospects for comprehensive reform get better with the increased involvement of folks from throughout the state. Simply put, if you believe as I do that this is an important issue, then you need to make your views known to those who represent you in Santa Fe.

Four specific ways you can take action on this issue include:

• Call you state senator and state representative, and tell them to put this issue at the top of their list.

• After you call them, send them follow-up e-mails or letters.

• Attend the next legislative subcommittee meeting on Oct. 10.

• Visit you legislator during the session in Santa Fe and attend committee hearings. If you cannot make the trip, call, e-mail or write them immediately prior to the session.

New Mexico has a real opportunity to take the lead on ethics reform during the 2008 legislative session. Let’s do the right thing. The time is now.

Brix is the policy director for the Center for Civil Policy and a member of the Governor’s Task Force on Ethics Reform.