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Sunday, February 07, 2010
Ethics Commission Bills Reviewed
By Sean Olson
Journal Staff Writer
The Legislature's review of bills to create a statewide ethics commission began Saturday, and the perennial proposals were met with hesitation from lawmakers and ethics reform proponents alike.
However, several lawmakers sounded supportive of the concept of an ethics commission despite anxiety over the details of the commission's scope.
"We're supposed to police ourselves, and we don't do it," Rep. Joseph Cervantes, D-Las Cruces, said. "Sometimes, I wish we had the courage to do it."
Representatives participating in a House Judiciary Committee hearing echoed long-standing concerns about an ethics commission that they believe could be used as a tool to engineer political attacks on legislators. They also worried that any imbalance in authority to appoint the members could lead to a Legislature or governor-controlled body used for political will.
"Even an accusation before this commission can ruin a reputation, especially during election time," Rep. Paul Bandy, R-Aztec, said.
Meanwhile, government watchdog groups are concerned that ethics commission bills sacrifice public office transparency in order to protect lawmakers from frivolous complaints.
"They do have to strike a balance between offering confidentiality and protection for individuals, while also letting some sunshine in so the public can exercise it's proper oversight role," Foundation for Open Government executive director Sarah Welsh said. "My concern is that these bills tip the scales entirely in favor of confidentiality."
There are seven proposals for an ethics commission before the Legislature. Each of the proposals attempt to set up an independent, bipartisan commission to handle ethics complaints and provide ethics education. Proposals differ in the size and make-up of the commissions and slight variations on the confidentiality of ethics proceedings.
All of the bills keep investigations behind closed doors. Some also place a gag order on people who make complaints, with a stiff penalty of up to $25,000 for those who break the order. The bills each give subpoena power to the board, but do not give the board authority to provide any penalties for ethics or criminal violations.
The House Judiciary Committee plans to turn three House bills on an ethics commission into a single substitute bill. Several of the Senate ethics bills are scheduled to heard in the Senate Rules Committee on Monday.
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