Enhancing Accountability: Public Laws & Ethics

1. Public Accountability Laws Chapter 15

2. Objectives • Identify common types of public accountability laws. • Explain the difference between conflict-of-interest laws and ethical codes. • Explain the purpose and functioning of open meetings and open records laws. • Explain penalties for violations of each

3. Objectives • Identify two common types of financial disclosure requirements. • Define whistleblower acts and whistleblower provisions.

4. Public Accountability Laws • Purpose • Foster integrity in government • Promote public confidence • Exist at federal, state, and local levels • State and local laws have most impact on fire departments

5. Conflicts of Interest • Potential or actual conflicts • Between responsibilities of a public official and some other duty or interest • Financial, business, family, or otherwise

6. Conflict-of-Interest Laws • Prohibit conflicts of interest from arising among public officials • Focus primarily upon financial conflicts

7. Ethical Codes • Comprehensive guidelines for the conduct of public officials and employees • Goes beyond conflict of interest

8. Ethics Commissions • Created to oversee and enforce ethics and conflict-of-interest laws • Conduct investigations into alleged violations

9. Public Disclosures • Conflict of interest • Worse when undisclosed or concealed • Some states allow public officials to avoid potential conflict-of-interest problems • Disclosing the potential conflict • Some states allow an official to participate in decision making if the conflict is disclosed

10. Public Disclosures • Some states mandate disclosure of all potential conflicts • Prohibit participation even when disclosed

11. Public Disclosures • Officials disclose potential conflicts of interest • File public disclosure form with state ethics commission or other appropriate state agency

12. Financial Disclosure • Apply to candidates, elected officials, and certain high-ranking public officials • Two types: • Campaign- and election-based disclosure laws • Ethics-based disclosure laws

13. Financial Disclosure • Financial disclosures may need to be filed • Ethics committee • Board of elections

14. Open Government Laws • Two major types: • Open meetings laws • Open records laws

15. Open Meetings Laws • Mandate that public and governmental bodies hold their meetings and deliberations in public • Scope of public bodies included • Volunteer fire companies

16. Open Meetings Laws • Secret and informal meetings • Conference calls • Video-conference or Web conferencing • E-mails and Web logs

17. Open Meetings Laws • Public participation • Executive or closed session • Penalties for violations

18. Open Records Laws • Require public access • To records created, maintained, received, collected. or complied by any agency, branch or part of government • Except where specifically protected

19. Open Records Laws • Scope of public agencies included • Volunteer fire companies • Records subject to disclosure • Exceptions • Violations

20. Whistleblower Acts • Laws • Protect individuals who expose governmental or industry wrongdoing involving their employer

21. Whistleblower Acts • Apply generally to anyone who reports wrongdoing of their employer • Prevents retaliation • Some laws have whistleblower provisions • Apply only to employees who report wrongdoing under the particular law

22. Summary • Conflicts of Interests • Ethical codes • Ethics commissions • Open meetings laws • Open records Laws • Whistleblower laws and provisions