Scott Kidwell On Ethics

The Fine Line Between Public And Private

In small town politics it is not unexpected that elected officials would have personal relationships with those petitioning them for approval on various issues. This by itself is no reason to believe special consideration is granted nor a prearranged position is made in decision making. A problem could exist, however, when the totality of the relationship and interaction between a petitioner and an elected official is not known to the public. On at least one occasion a well publicized personal communication email document surfaced (The infamous Madrid PFLAG Email to Patty) that to many suggested an elected official in this city had offered the power of an office to limit discussion of an issue to suit a particular outcome and embarrass a political rival.

In 2006, as part of ethics training, La Mesa city officials were provided the November 20, 2006 City of La Mesa "Ethics in Public Service" publication by the law firm of Liebert Cassidy Whitmore. I believe that included the current group of elected city officials. In part it stated:

"...court-made doctrine provides that a public officer is impliedly bound to exercise his or her powers with disinterested skill, zeal, and diligence and primarily for the benefit of the public. A personal interest, whether financial or non-financial, that interferes with an officials ability to act in such a manner could potentially violate the doctrine." (page 13, Section 3, paragraph 1)

"There is a strong interest in the law to prohibit even the appearance of impropriety. This common law doctrine extends to non-economic conflicts, which means that a conflict (or mere appearance of one) that is not related to a financial interest may still be prohibited even though no money was at stake." (page 13, Section 3, paragraph 2)(Underline added)

"Under the common law, a conflict of interest may arise even in the absence of a financial interest. However, there must be a personal advantage or disadvantage at stake for the council member." (page 14, 3rd paragraph in review of a case study)

In referring to the development of public policy and decision making the late Supreme Court Justice Louis Brandeis stated, “Sunlight is the best disinfectant” meaning broad public knowledge of all the doings of government officials is the best way to insure ethical behavior.

As we start a new year and as a protection for the public I challenge each elected official to agree to be forthright and open in disclosing all past and present relationships, official and private communications including those of council or advise, campaign contributions of any amount in money or equivalent in time or other value, professional or personal business dealings (even as a customer), personal friendships and any other connection(s) that could pose an ethical or moral violation, or might give even the appearance of such, with respect to anyone appearing before the city council where public policy, law, or resources are involved."

Surly an ethical and moral person cannot object?

Scott Kidwell

La Mesa CA

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Comment by Craig S. Maxwell on January 2, 2011 at 9:28am: Scott,

While "moral and ethical people" wouldn't likely object, you're not challenging moral and ethical people (for whom this challenge would be redundant). You're challenging politicians. Good luck!

"Behold, a sower went forth to sow; And when he sowed...Some fell upon stony places, where they had not much earth: and forthwith they sprung up, because they had no deepness of earth"

Comment by David Stanley on January 2, 2011 at 6:05am: Scott, all our married life my wife has accused me of being "black and white". I have and continue to agree with her. In high school and college I studied "ethics" and decided that this is how I would and will live my life - Its right or its wrong and damned few areas in between. I have based my moral life upon this stand. I am the product of others who have done the same - The defenders of the Alamo, The Continental Army, the military (below the rank of General as they have become perverted by then with "power). I will draw that line in the sand and defend it! I recognize right from wrong and will not tolerate that gray area which allows men to accept, with a wink and a nod, the wrong. I recognize that through our history most people entering into politics and finding themselves in the position to spend my money and control my life are quickly perverted and thrive in that sewer.That applies to most local politicians because "Politics is all local" by the way. I abhor anarchy but place all my faith in "POWER OF THE PEOPLE" and not that Marxist/Socialist crap. If you have read any of my blogs you will pretty much know where I stand. That is MY line in the sand. I have little hope in the new crop of Councilmen and none in the new crop of Republicans at the federal level. So far as Mayor Madrid? I have been the head of many organizations over the years and recognize a politician from a shaker and Madrid has, is and will always be one of the former. I want more for our families, our communities and our nation than theses bloated, self-styled leaders can or ever give. I want what you and I had not destruction and lies to the horizon. David Stanley

Comment by David Stanley on January 1, 2011 at 2:19pm: Are you kidding? Probably every person who has ever run for office professes the most pristine motives and the cleanest of hands. Obama probably even fell into this catagory very early on but it is highly doubtful. Doesnt take long before they become corrupted and perverted by those already in the system. "Sunlight"? Kidding, right? And you dont have to look just at the federal or state government. "Ethics" is a college course not a prerequisite for local government. David Stanley

Comment by DEXTER LEVY on January 1, 2011 at 11:15am: Scott, Well said!

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