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Ethics boards needed to handle nepotism issues

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.bodytext {float: left; } .floatimg-left-hort { float:left; margin-top:10px; margin-right: 10px; width:300px; clear:left;} .floatimg-left-caption-hort { float:left; margin-bottom:10px; width:300px; margin-right:10px; clear:left;} .floatimg-left-vert { float:left; margin-top:10px; margin-right:15px; width:200px;} .floatimg-left-caption-vert { float:left; margin-right:10px; margin-bottom:10px; font-size: 10px; width:200px;} .floatimg-right-hort { float:right; margin-top:10px; margin-left:10px; margin-bottom:10px; width: 300px;} .floatimg-right-caption-hort { float:left; margin-right:10px; margin-bottom:10px; width: 300px; font-size: 10px; } .floatimg-right-vert { float:right; margin-top:10px; margin-left:10px; margin-bottom:10px; width: 200px;} .floatimg-right-caption-vert { float:left; margin-right:10px; margin-bottom:10px; width: 200px; font-size: 10px; } .floatimgright-sidebar { float:right; margin-top:10px; margin-left:10px; margin-bottom:10px; width: 200px; border-top-style: double; border-top-color: black; border-bottom-style: double; border-bottom-color: black;} .floatimgright-sidebar p { line-height: 115%; text-indent: 10px; } .floatimgright-sidebar h4 { font-variant:small-caps; } .pullquote { float:right; margin-top:10px; margin-left:10px; margin-bottom:10px; width: 150px; background: url(http://www.dmbusinessdaily.com/DAILY/editorial/extras/closequote.gif) no-repeat bottom right !important ; line-height: 150%; font-size: 125%; border-top: 1px solid; border-bottom: 1px solid;} .floatvidleft { float:left; margin-bottom:10px; width:325px; margin-right:10px; clear:left;} .floatvidright { float:right; margin-bottom:10px; width:325px; margin-right:10px; clear:left;} The public outcry over the Central Iowa Employment and Training Consortium scandal signals a loss of confidence by voters in local officials. Underlying this cynicism is a lingering perception that local governments, particularly partisan county governments, are undermined by nepotism. The belief is that unqualified relatives and friends are hired for government jobs or that relatives cannot act in the public interest because they are beholden to other relatives who hold power or influence over them.

Non-discrimination and fair labor practice laws protect relatives from denial of employment simply because of a relationship with an existing employee. However, these laws generally speak to a “business necessity,” in which the employer may deny employment if:

• The hired employee would exert authority over or be subject to power or influence from the other.

• The hired employee would audit the work of the other.

• The employer’s interests would be compromised by the interests of the hired employee to the relative.

• The existing employee holds a policy position with the employer to which the related, hired employee must be accountable.

It is this latter case where nepotism is most suspect. Too often we see an employee in a county where the related county supervisor has power over the full range of public policy matters influencing the scope of duties and obligations of employees who supervise a related employee. The ordinances restricting hiring related parties based on business necessity cite both the reality and appearance of improper influence or favoritism.

Does nepotism lead to incompetence and corruption? Certainly it can, but the underlying issue is a breach of ethics in public employee behavior, not simply the fact of a relationship with a relative.

Based on my 30 years of public service in Des Moines, I can attest that there are many fine, qualified people who are related by blood or marriage to others in local government. I know of no instances where such relatives have abused their position because of their relationship with another employee.

On the other hand, I am disturbed when I learn about these relationships, particularly when elected officials with broad policy discretion have relatives working under them. To get at the core of nepotism, we must focus on how ethics are managed by our local governments.

In searching the Web, I noticed that some local governments have created a board of ethics to handle complaints of improper behavior and, after public hearings, recommend to the governing body actions that range from sanctions to termination if a breach of ethics is determined. Some would argue that ethical behavior by public officials is far broader than the perception of impropriety due to nepotism. However, without ethical principles invested in city and county laws, the public has little foundation on which to vent its complaints or determine if nepotism exists.

To my knowledge, neither the city of Des Moines nor Polk County has a board of ethics that can review public complaints about indiscretions or corruption in local government.

When I was a city councilman for 10 years, I would occasionally hear of a citizen’s allegation against a colleague for demanding favors from a local business, the retaining of a relative for a service or business contract or the promotion of a relative for a city or county job. These ethical issues were filtered through referrals to the city legal department or, more often, dismissed as the “noise” of local politics. The assumption was made that if harm occurred to those affected, the local business or the city official making the hiring or contracting decision would use good judgment.

This attitude is unacceptable. Without a board of ethics providing a formal mechanism to field citizen concerns, with or without merit, another CIETC-style scandal is inevitable. Cities such as Chicago and Detroit and counties such as King County, Wash. (Seattle), and Cook County, Ill. (Chicago), have long had such boards.

I urge the city councils and boards of supervisors in metro Des Moines to hold hearings to establish boards of ethics. I hope disillusioned voters will attend these hearings and demand that ethical reform take place now. r

Tim Urban is a real estate developer and a member of Des Moines’ Plan and Zoning Commission.