The uproar surrounding the resignation of State Personnel Director Joe D'Alessandro, and the nearly $200,000 he improperly funneled to Benson volunteer Linda Pepin, has spurred a new push by Democrats to bolster state ethics laws.
According to Democratic lawmakers the time is right to for the legislature to enact a state employee code of conduct that carries real consequences for violators. House Democratic Leader Peter Burling said the Attorney General's recent finding that D'Alessandro and Pepin engaged in unethical conduct while doing state work is proof that half-measures aren't enough.
"With what we have seen in the past week, I 'don't think there is anyone who can credibly say that a criminal penalty is not needed to ensure compliance to the state ethics code."
Last month, Senate lawmakers passed an ethics bill by voice vote. But that consensus came only after the bill's criminal penalties were removed at the behest of the republican majority…….…..As amended, the bill would require public officials to make file financial disclosures……clarify conduct constituting misuse of position……and bar officials from becoming lobbyists for one year after leaving state service……The bill would also make violations of the ethics code subject to punishments extending no farther than being fired…….Democrats say that is not sufficient…..And they insist their reservations are not political. Again Peter Burling:
"This should not and should not be a partisan issue…..And I and all my democratic colelages here call on governor benson call on republican leaders in the house to support senate bill 312 and to work with us to make sure that a state ethics code passes which not only establishes high standard but also strong enforcement provisions…"
"And that should be the outcome, but whether it necessitates a penalties or not we will find out."
That's Deputy House Speaker Mike Whalley. He admits house republican leadership has yet to give the Senate bill much attention. Whalley says leadership will do what's necessary to protect the public interest….But the Deputy Speaker adds that a single executive branch policy change would go a long way to ensuring public confidence.
"Frankly, we should not be working with volunteers. I don't understand how we can raise any level of expectation with a person who is acting as a volunteer who can walk away at any point in time. So I think that's the first thing we should recognize. The governor should clearly state that nobody should be providing service stop the state as a volunteer -- either they should be an employee or they should not be involved."
Similar views have also been voiced by Democrats…..and several Executive Councilors. But don’t expect that to sway Governor Benson. In the wake of the Attorney General's findings that Pepin's volunteer status hamstrung efforts to prosecute her conduct, the Governor made no bones about his intent to continue relying on workers who lack the legal accountability of state employees.
"The issue is not volunteers.....the issue is making sure that people live up to the highest code of conduct, period."
The Governor's position on the ethics bill, however, may be less entrenched…...In the past, Benson has said he would not take a position on the matter until it reached his desk…..But now, the Governor seems open to the going at least as far as the bill as it passed the Senate.
"If they violated the policy then job loss would be the penalty. And there may other ways to deal with it even beyond that -- and I'm waiting to see what comes across from the attorney geral's office as well as from the legislature."
The House executive departments and administration committee will take up the ethics bill in the coming weeks.
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