Editorial: Changing law isn’t enough

Wednesday, Jan. 19, 2005 | 8:59 a.m.

Bill Flangas, a member of the state Ethics Commission, believes that the public has lost respect for the commission, viewing it as "toothless." So he is calling for new laws that would strengthen the commission's hand when dealing with elected officials who have been accused of ethics violations. For instance, Flangas wants to change the requirement that it takes a "willful" violation for an official to be found guilty and fined. Flangas believes the term "willful" should be dropped from the law because, he says, "timid interpretations of this term can result in ... conclusions that provide escape from accountability."

Flangas, citing the commission's rule that prevents members from discussing individual cases, declined to cite specific instances where the term "willful" has posed an obstacle. But a case clearly fitting Flangas' concerns occurred last year when Las Vegas Mayor Oscar Goodman dodged being found guilty of ethics violations for promoting a business co-owned by his son. Fortunately for Goodman, four commissioners presiding at the hearing deadlocked 2-2 on whether the mayor's actions constituted a "willful" violation.

The proposal by Flangas certainly deserves serious consideration by the Legislature, but it's only part of the solution. No matter how tough the laws are made, in the end it's up to the people who sit on the Ethics Commission to have the resolve to deliver stiff punishments. So, even if the term "willful" is removed from the law, if the Ethics Commission isn't comprised of individuals who are strong, they will find other excuses so someone can escape being found guilty. And, for that matter, even when the Ethics Commission acts decisively it doesn't always get the desired results. Last year state Controller Kathy Augustine admitted to the Ethics Commission that she had committed three willful violations of ethics laws, but at her impeachment trial the state Senate inexplicably refused to remove her from office even after it had convicted her of one of the counts.

The Legislature should thoroughly evaluate the flaws of our ethics laws and fix them, and those members of the Ethics Commission who don't believe they can make tough decisions should step aside for others who will. Otherwise, count on public cynicism to get worse.