<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: An Aye on Ethics</title>
	<atom:link href="http://www.utahbecky.com/2010/02/an-eye-on-ethics/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.utahbecky.com/blog/2010/02/an-eye-on-ethics/</link>
	<description>Representing Utah House District 20</description>
	<lastBuildDate>Tue, 07 Feb 2012 03:07:42 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.3.1</generator>
	<item>
		<title>By: Todd</title>
		<link>http://www.utahbecky.com/blog/2010/02/an-eye-on-ethics/comment-page-1/#comment-336</link>
		<dc:creator>Todd</dc:creator>
		<pubDate>Fri, 19 Feb 2010 10:41:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.utahbecky.com/2010/02/an-eye-on-ethics/#comment-336</guid>
		<description>Both are horribly flawed proposals. The legislative proposal ensures extremes of outcomes with complete secrecy leading to obstruction that the public will not be allowed to know of, or persecution by a zealous and totally partisan committee which will have no minorities or women members most of the time. It will also be populated by people who have significant earnings from governmental jobs/pensions and little outside experience with conflicting interests. The UEG proposal does nothing to ensure a variety of experience or interests on the committee, either. The legislative proposal requires the complainant to be a co-conspirator. The UEG proposal requires the complainant to act as the prosecutor and investigator. Neither of these extremes is a good option for the citizens of Utah. 

What Utah needs is an independent counsel nominated by the governor and confirmed with a two-thirds vote of the bipartisan legislative ethics committees that can investigate allegations regarding any elected public official residing in the State of Utah (from member of Congress to special service district council members). The independent counsel should have full powers of investigation, automatic time limits for any investigation that can be expanded by a majority of the State Supreme Court, but no power to file and prosecute criminal charges. The independent counsel would submit his report of findings and recommended actions to the appropriate ethics committee or public attorney (federal, state, county, or local) for prosecution. The complainant can be anybody -- just one person needed. The independent counsel&#039;s office should be silent except for confirmation of receipt of a complaint and disposition of the complaint. All documents produced during the investigation should be made public at the end of the process, except those the counsel gets permission from the Supreme Court to keep confidential -- the court could order their release at an appropriate later date. The parties of the investigation can speak publicly, as can witnesses since public awareness can lead to the discovery of new facts. No complaints should be accepted, nor reports issued, and current investigations should be suspended for 60 days prior to any election involving the target to minimize the use of the process for political motivations. The budget for the counsel&#039;s office should be fixed with an annual COLA on a per complaint basis (i.e. something like $250,000 for base office operations that may not be spent investigating any complaint, and then a limit of no more than $100,000 to investigate any single complaint or series of substantially similar complaints -- maybe the limit might apply to a target of investigation regardless of the number of complaints). Time and funding limits should prevent a rouge counsel from persecuting a target endlessly. LGRC, Gov&#039;s Counsel or other public attorneys could then be used by the public official to defend the official if the allegation is within the scope of their activity. A target could, of course, retain private counsel and be eligible for some reasonable reimbursement if independent counsel found &quot;no reason to believe and no further action should be taken&quot; or &quot;reason to believe, but actions were within scope of duties, and no further action should be taken&quot;.</description>
		<content:encoded><![CDATA[<p>Both are horribly flawed proposals. The legislative proposal ensures extremes of outcomes with complete secrecy leading to obstruction that the public will not be allowed to know of, or persecution by a zealous and totally partisan committee which will have no minorities or women members most of the time. It will also be populated by people who have significant earnings from governmental jobs/pensions and little outside experience with conflicting interests. The UEG proposal does nothing to ensure a variety of experience or interests on the committee, either. The legislative proposal requires the complainant to be a co-conspirator. The UEG proposal requires the complainant to act as the prosecutor and investigator. Neither of these extremes is a good option for the citizens of Utah. </p>
<p>What Utah needs is an independent counsel nominated by the governor and confirmed with a two-thirds vote of the bipartisan legislative ethics committees that can investigate allegations regarding any elected public official residing in the State of Utah (from member of Congress to special service district council members). The independent counsel should have full powers of investigation, automatic time limits for any investigation that can be expanded by a majority of the State Supreme Court, but no power to file and prosecute criminal charges. The independent counsel would submit his report of findings and recommended actions to the appropriate ethics committee or public attorney (federal, state, county, or local) for prosecution. The complainant can be anybody &#8212; just one person needed. The independent counsel&#8217;s office should be silent except for confirmation of receipt of a complaint and disposition of the complaint. All documents produced during the investigation should be made public at the end of the process, except those the counsel gets permission from the Supreme Court to keep confidential &#8212; the court could order their release at an appropriate later date. The parties of the investigation can speak publicly, as can witnesses since public awareness can lead to the discovery of new facts. No complaints should be accepted, nor reports issued, and current investigations should be suspended for 60 days prior to any election involving the target to minimize the use of the process for political motivations. The budget for the counsel&#8217;s office should be fixed with an annual COLA on a per complaint basis (i.e. something like $250,000 for base office operations that may not be spent investigating any complaint, and then a limit of no more than $100,000 to investigate any single complaint or series of substantially similar complaints &#8212; maybe the limit might apply to a target of investigation regardless of the number of complaints). Time and funding limits should prevent a rouge counsel from persecuting a target endlessly. LGRC, Gov&#8217;s Counsel or other public attorneys could then be used by the public official to defend the official if the allegation is within the scope of their activity. A target could, of course, retain private counsel and be eligible for some reasonable reimbursement if independent counsel found &#8220;no reason to believe and no further action should be taken&#8221; or &#8220;reason to believe, but actions were within scope of duties, and no further action should be taken&#8221;.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Aaron Rennaker</title>
		<link>http://www.utahbecky.com/blog/2010/02/an-eye-on-ethics/comment-page-1/#comment-310</link>
		<dc:creator>Aaron Rennaker</dc:creator>
		<pubDate>Sun, 07 Feb 2010 16:41:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.utahbecky.com/2010/02/an-eye-on-ethics/#comment-310</guid>
		<description>I think the legislature and Sen. John Valentine proposed a better solution for an independent ethics commission than the ethics initiative drafted by Mr. David Irvine. 3 former judges and two former legislators would sit on the independent ethics commission rather than 5 people drawn from a hat. Yes, David Irvine wants the house &amp; senate majority &amp; minority leaders to draw their picks from a hat and if they don&#039;t come up with a unanimous decision of the 20 individuals the first 5 signers of the petition would be able to chose. This is extremely flawed (read the initiative if you haven&#039;t).</description>
		<content:encoded><![CDATA[<p>I think the legislature and Sen. John Valentine proposed a better solution for an independent ethics commission than the ethics initiative drafted by Mr. David Irvine. 3 former judges and two former legislators would sit on the independent ethics commission rather than 5 people drawn from a hat. Yes, David Irvine wants the house &amp; senate majority &amp; minority leaders to draw their picks from a hat and if they don&#8217;t come up with a unanimous decision of the 20 individuals the first 5 signers of the petition would be able to chose. This is extremely flawed (read the initiative if you haven&#8217;t).</p>
]]></content:encoded>
	</item>
</channel>
</rss>

