It's pretty clear why Utah's legislators are proposing their version of an independent ethics committee. They fear a lot more ethics reform is coming from voters next fall. Maybe, legislators are thinking, if we pass this little bit of ethics reform, we can convince voters we don't need the more serious reform.
Here's what a legislative interim study committee came up with. To be fair, it goes farther than previous ethics initiatives hatched by lawmakers. It may also be revised in committee or during debate next year. It would form an independent ethics commission made up of two former lawmakers and three retired judges. All complaints against legislators would be reviewed in secret. If a complaint was leaked to the public, it would be dropped.
In order for a charge to be made public, the panel would have to vote 5-0 or 4-1 in support of the charges. A majority 3-2 vote wouldn't be enough. If there was a 5-0 or 4-1 vote, the commission would pass the now-public complaint on to the appropriate ethics committee, House or Senate. Eventually the entire chamber, House or Senate, would vote on the ethics committee's punishment recommendation.
This hastily hatched ethics commission bill has problems. Perhaps our biggest concern is with moving an ethics complaint with only a 4-1 and 5-0 vote by the commission. With that, there appears to be a high possibility for ethics complaints never reaching the media, and by extension, the public. Even if a complaint has teeth, it could still be suppressed and never heard with two votes out of five. Partisanship could sink transparency, in other words.
In our opinion, if the Legislature wants to pass any bill that provides a little bit more ethical accountability to lawmakers, that's great. Utah is sorely behind other states in requiring ethical behavior from its lawmakers. However, if stricter, much-needed ethics reform is on the ballot next fall, its passage should take precedence over the mild ethics reform that is being discussed.
Utah legislators need a very cold shower in regard to ethics. Too many legislators believe it is perfectly OK to take gifts from lobbyists, use campaign cash for non-campaign expenses and dole out their campaign cash to other candidates. There are no limits on campaign contributions in Utah. Our state's weak ethics enforcers are powerless to effect serious reform.
The tradition that has tolerated low ethical standards needs to be ended. Small, frantic reforms by lawmakers are likely too late.
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