NCJ Number
185588
Date Published
2000
Length
16 pages
Annotation
Recognizing that some breaches of the public trust can best be accomplished by local government ethics agencies equipped to enforce civil penalties, the author proposes the New York City ethics enforcement experience as a case study that may be useful to other governments considering new ethics laws or reconsidering ways of enforcing current laws.
Abstract
Any good ethics enforcement program has certain features--fairness, effective penalties, some type of confidentiality prior to final decision, means of publishing final findings of conflict of interest--so particular cases can be used for educational purposes and appellate review. The New York City model presupposes certain fundamental indexes of fairness in the legal process, such as due process of law, meaning a full and fair opportunity to be heard in an administrative court that is not biased, and confidential proceedings until a finding of conflict of interest is made by the body charged with enforcing the ethics laws. Confidentiality provisions in enforcement proceedings recognize the tension between the interest of the party charged with unethical conduct in preserving his or her reputation and the right of the public to know, once charges are proved, when officials act in a corrupt way. In addition, the New York City enforcement process requires publication of case results where findings of conflict of interest are made. The enforcement program also includes monetary and other penalties designed to deter future misconduct. Functions of New York City's Conflicts of Interest Board are noted, along with examples of ethics code violations. Ethics enforcement procedures and available penalties are described. The ethics enforcement process in New York City is outlined in an appendix. 6 notes