Ethics Reform
It is
long past time for New Mexico to deal with “pay-to-play.”
To do
so will take three separate actions. If we don’t enact
something like these, we will continue to operate under the
shadow of cynicism and mistrust which has, for generations,
characterized New Mexicans’ view of their elected officials.
1.
State Governmental Ethics
Commission
This
would receive complaints of misconduct, investigate them and
be empowered to issue penalties when the investigations
reveal abuse of governmental authority.
The
debate over establishing this commission in recent
legislative sessions has become bogged down in interminable
arguments over who will name the commissioners; over how
many there should be and over how to achieve a balance of
interests (political, geographic and occupational) in its
make-up. What has tended to emerge for consideration is a
hopeless composite; the classic “horse designed by a
committee”.
Scrap all
that nonsense. It should be very simple: five to seven
members; all named by the Governor and confirmed by the
Senate, but appointed to staggered terms so that over time
the make-up will reflect appointments by several Chief
Executives, not just one.
This
Commission should be made up of men and women who are
immediately accepted as having integrity, objectivity and
experience and who are as much as possible, “above
politics”. Their number could come from among our retired
Supreme Court Justices and District Court Judges; from
retired academics such as University Presidents or Law and
Medical School Deans; from retired ecclesiastical officials
or from retired business executives or consultants. The
operative word in all these categories is “retired”. There
should be no need to ever have members of this commission
recuse themselves for potential conflicts of interest or to
have their decisions questioned because of such possible
conflicts.
2.
Whistle Blower Protection Law.
Most
of the time corruption in official conduct will be known to
state or local employees who have been involved unwittingly
while carrying out the duties of their positions. It is
imperative that such employees be able to come forward and
report allegations of misconduct to the Governmental Ethics
Commission without fear of retaliation or reprisal. Without
such a law protecting them they will be far more reluctant
to step forward and say what they have observed going on…and
the entire process will have simply been swept under the
rug.
3.
A Ground Rule for Governmental
Conduct.
This
need not be a bulky document or a complicated code requiring
interpretation and training to understand. It should simply
be a bright line distinction between campaign contributors
and state contractors.
Essentially, it should be illegal to award governmental
contracts to anyone, individual or corporation, who has
contributed to a state candidate in the past two years; and
it should be illegal to accept a campaign contribution from
anyone who has been awarded a governmental contract during
the previous two years.
Anything
less than this complete prohibition against mixing donors
and contractors falls short of passing the smell test and
will lead simply to manipulation, trickery and excuses.
We simply
must restore the citizens’ faith in their governmental
officials’ integrity. And, there is a side benefit:
producing contracts with the best-qualified applicants,
instead of the best-connected applicants.
Ultimately,
we also might reduce the amount of money candidates can
raise from special interests, requiring them to talk to
ordinary voters instead.
When elected Lt. Governor I
will actively pursue the elimination of our culture of “pay
to play” politics.