Restoring trust in state government
Having just filed my taxes, I am reminded of the obligation I have to see that our taxes are properly used. I say this as a county commissioner but would extend this responsibility to all elected officials, government employees and managers. Honoring that obligation is at the heart of ethical public service.
Put simply, ethics in the public sector is based on the principle that people in government should avoid conflicts of interest. Government contracts must be awarded on the basis of getting the needed service or product at the best price, not as a favor to a relative or friend. Policies should be clearly shaped by concerns for public safety, health and well-being, rather than being seen as payback for a campaign contribution. And public employees, facilities and equipment should be used for public purposes and not to benefit any specific individual or group — especially relatives and friends.
I want to highlight this basic point because it is often lost in discussions about ethics in the public sector. Serious violations — such as taking a bribe, misuse of public funds, harassment and manipulation of government contracts — are not only unethical but also criminal, and they typically get a lot of media coverage.
Allegations of bad behavior must be fairly and objectively investigated. Such investigations are typically handled in-house accordingly to established procedures and with specific standards in mind. The potential for cover-ups — or the perception of a cover-up — limits the effectiveness of internal investigations. On the other hand, use of an independent entity, like an ethics commission, can be viewed as equally problematic due to the potential for personal or political interference in the process.
I personally favor establishment and use of independent ethics commissions. Such commissions could be activated only when needed and rely on esteemed members of the public such as retired judges and clerics as commission members. Although this type of setup is usually discussed in the context of the Legislature, I believe it could be equally beneficial for municipalities, counties and quasi-governmental entities.
In 2012, County Commissioner Scott Krahling (who is now Doña Ana County clerk) and I led an effort to strengthen ethics within Doña Ana County government. The initiative was facilitated and documented by Jill VonOsten and Anne Lightsey. They make an important distinction between government ethics and organizational ethics. Organizational ethics encompass professionalism, good customer service, respect and honesty. They apply to entities in both the public and private sectors. Government ethics are concerned with violating public trust in the use of government resources.
Strengthening ethics within a government organization requires that all elected officials and employees understand what a “conflict of interest” is and the importance of disclosure. Perception is a big part of trust, and letting others know that a potential conflict exists can go a long way toward reducing suspicion. An ethics officer, strong training program, tradition of full disclosure and independent oversight are essential to building a strong ethical culture with a governmental body.
I have proposed that the ethics program for the executive branch of New Mexico state government be housed within the office of the lieutenant governor. Such a decision would clearly signal that ethics is a major concern of the new administration. In addition, the office of the lieutenant governor does not have supervisory authority. This puts the lieutenant governor in a good position to help resolve ethical issues within the executive branch without complicating lines of authority.
Nothing undermines public trust faster than the suspicion elected officials and government employees are putting the needs of special interests above their duty to all New Mexicans. That is a problem that has plagued the Martinez administration for nearly eight years. If our state’s next administration is going to earn the public’s trust and help move New Mexico forward, an ethical culture must be part of its very foundation.