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« The non-Elephant, Not in the Room | Main | Disappearing Act »

Ethical Problems? Check the Internet!

Question: You are the executive director of the New York State Ethics Commission, and find yourself confronted with a difficult and politically thorny problem involving the man likely to become the state's next governor, thus gaining effective control of your agency. What do you do?
Answer: If you are Karl Sleight, the current executive director, look for help on the Internet! At least that is what Sleight did in researching whether Attorney General Eliot Spitzer can sit on the board of his family's charitable trust. The commission on Monday ruled that he can remain on the board.
Here is an excerpt and the link to Sleight's July 25 posting on the Web site of the Council of Government Ethics Laws, in which he, under the title, "Government regulators serving on entities regulated by their agency," not so subtly describes Spitzer's situation, although changing him to a woman. Wondering how Eliot felt about that.

Michael Rothfeld

"Here's one I could use some help with folks: Assume the following facts.The head of a state regulatory agency with investigatory and prosecutorial powers serves on a non-for-profit entity/trust which her agency has jurisdiction over. Is there any way that this situation could ever work under generally accepted conflict of interest principles? In such a case, is a recusal mechanism an option? ...... Is there any precedent in your jurisdiction that is on point? Anything close ?Anyone want to take a shot at this? Thanks! Best regards, Karl"

Walter Ayres, a spokesman for the Ethics Commission, said there is nothing unusual in asking fellow government officials for advice. Unfortunately, Ayres said, no one responded.

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