Ethics in State Government

Paula Franzese and Daniel O'Hern, Sr. have been serving as senior ethics counsel in New Jersey.  They've just published an article on ethics reform of state government there:  "Restoring the Public Trust:  An Agenda for Ethics Reform of State Government and a Proposed Model for New Jersey," 57 Rut. U. L. Rev. 1175 (2005).  Their recommendations include the following:

1.  Creation of a new, independent enforcement agency ("state ethics commission") that among other things would conduct ethics audits, perform ethics training, and coordinate with other agencies having responsibilities for fighting fraud, waste and ethical misconduct

2.  Enact a uniform ethics code applicable to all state employees, with provisions requiring public disclosure of personal financial interests of public offiials and prohibiting contingent fees for influencing legislation.

3.  Implement a plain language ethics guide.

4.  Implement a business ethics guide that is binding on third parties that do business with the state.

5.  Provide leadership form the top.

6.  Close the revolving door by adopting rigorous post-employment restrictions.

7.  Strengthen anti-nepotism laws.

8.  Impose ethics laws on administration transition teams.

9.  Ensure transparency and promote integrity in the procurement process.

10.  Adopt a zero-tolerance policy on gifts.

11.  Enact a strengthened local government ethics law.

12.  Enact a uniform law to ban pay to play at the county and municipal levels of government.

13.  Ban various forms of dual-office holding.

14.  Merge ethics committees.

15.  Cross-index campaign contribution records.

16.  Amend the debt limitation clause of the state constitution to limit authority debt.

17.  Limit opportunities for abuse of state pension system.

Congratulations to Professor Franzese of Seton Hall and Justice O'Hern for this impressive work. 

Other states should learn from New Jersey's experience.