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Good Government and Good Public Policy

 

Utahns for Public Schools believes that good public policy is best created in the context of an open, transparent process, where public participation is encouraged, and elected officials are held to high ethical standards.

 

Utahns for Ethical Government [UEG] is a citizens’ initiative to reform ethical standards and processes governing the Utah State Legislature. UEG believes it's necessary to "set the record straight" regarding misinformation about the initiative.  Read the initiative or the executive summary, and see what the most frequently asked questions are.

 

 

How do we stack up?

Disclosure

Utah State Disclosure Laws are given an “F” grade and ranked 47th by the Center for Public Integrity 

The Center for Public Integrity has been reporting on disclosure requirements in state legislatures since 1999, and bases its rankings on a 43-question survey that measures public access to information on legislators’ employment, investments, personal finances, property holdings, or other activities outside the legislature. Center researchers obtain answers to the survey questions by examining state statutes and disclosure forms, and interviewing state ethics officers.  Survey answers are assigned a numerical value adding up to a possible 100 points; the highest scores reflect the highest degree of disclosure.

Utah was ranked 40th and received a "D-" grade for campaign finance disclosure in a 2008 study.  Grading State Disclosure Project, 2008

To identify campaign-finance disclosure violations, some states require their filing agencies to conduct mandatory and/or random audits. Thirty states require the filing agency to examine a candidate’s or entity’s filing. Twelve states require the filing agency to conduct a “field” audit by combing through some candidates’ and entities’ actual records. Utah only requires the Lieutenant Governor to verify that each state candidate files reports and that each report contains the required information. (Commission on Strengthening Utah's Democracy, 2009)

"Currently, 24 states operate electronic filing programs that are mandatory for both statewide and legislative candidates, and an additional 6 states require electronic disclosure only for statewide-office candidates.  Utah is one of 12 additional states that have a voluntary electronic filing program for all candidates. (Memorandum on Disclosure of Campaign Contributions and Spending, Stefan P. Brutsch, March 2009)

In Utah last-minute contributions and independent expenditures are reported after Election Day. Thirty-six states require timely reporting of last-minute contributions and twenty-seven states require timely reporting of last-minute independent expenditures. (Jowers, Sanderson, Caplin and Drysdale 2009)

"Unlike Utah, 31 states require that candidates disclose contributors' occupations and employers, while five more states mandate that donors list only the names of employers.  Disclosure advocates believe that occupation and employer are important because "Without occupation and employer reporting, it is much more difficult to enforce the disclosure laws and determine if certain groups may be trying to influence the political process."  (Memorandum on Disclosure of Campaign Contributions and Spending, Stefan P. Brutsch, March 2009)

Campaign Finance

States commonly place limits on contributions to candidates from various sources, and also on contributions to political action committees (PACs) and political parties.  Just six states—Illinois, Missouri, New Mexico, Oregon, Utah and Virginia—place no limits on contributions at all.

A successful election campaign depends on communication, and communication costs money.   However, it is believed by some that money has the potential to corrupt a candidate, to drive the candidate to serve his or her own interests rather than the public good.  For instance, there is a belief that an unusually large financial contribution could influence the voting behavior of an elected official.   Campaign finance laws are intended to reduce the potential for corruption, or even the appearance of corruption.  Source: National Conference of State Legislatures

Utah gets its “report card” from the Center for Public Integrity on the state’s campaign finance rules. “We have a ways to go, especially for a state that prides itself on personal integrity,” said Kirk Jowers, director of the University of Utah’s Hinckley Institute of Politics, who also heads Gov. Jon Huntsman Jr.’s special public ethics study commission.

Eighty-one percent of money contributed in all legislative contests came from “special interest” groups according to Deseret News article, Campaign reform’s biggest stumbling block: self-preservation.

"Disclosure is almost universally thought to be a necessary tool to control corruption and undue influence within the political process as all states and federal government, impose disclosure requirements.  Without disclosure laws, it would be difficult if not impossible to know how campaign contributions were used and whether laws regarding campaign contributions were violated.  Effective disclosure can help voters sort through and evaluate campaign messages.  By knowing which groups have contributed to candidates, voters gain a valuable cue about relative positions of candidates." (Memorandum on Disclosure of Campaign Contributions and Spending, Stefan P. Brutsch, March 2009)

Ethics Commissions

"For decades, the ethics process in Congress has been stymied by the fact that it is very difficult for Members to judge their colleagues.  Peer review simply is not the answer when it comes to a fair, firm process that ensures that Members live by the ethics rules on the books." Independent commissions serve a valuable purpose, by separating individuals who investigate and penalize ethics violations from those who are accused." (Common Cause)

"The House finally firmly responded to the message the American public sent in the last election," said Common Cause President Bob Edgar.  “This kind of independent body has a long track record of success at the state level." (Common Cause)

Utah has no independent ethics commission to oversee enforcement of ethics rules and to receive ethics complaints. (Jowers, Sanderson, Caplin and Drysdale 2009)

Forty states, not including Utah, have independent ethics commissions

• 36 states’ commissions oversee legislative branch activities

• 40 states’ commissions oversee executive branch activities

• 26 states’ commissions examine reports

• 36 states’ commissions have subpoena power

• 11 states’ commission orders are enforceable in court

 

(January 30th, 2009)

This week on Utah NOW, the always-dicey question of ethics in the Utah Legislature.  It isn't rampant corruption that some are getting at in their attempt to strengthen the code of ethics - it's perception and principle.  This week we're talking about the efforts to reform the rules of conduct on Utah's Capitol Hill. Video program here...

 

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Weber State University Students Take on Ethics

Reform

 

 You can read the entire report here.

Listen to an audio interview with Christopher Bentley, Democratic Co-Chair of the Committee

Listen to an audio interview with Adam Gardiner, Republican Co-Chair of the Committee  

To promote transparency and ethical governance, UTPS invited legislators and legislative candidates to sign the Pledge for Legislative Ethics Reform.  Signers of the pledge commit to actively support and work for the passage of basic ethics reforms dealing with lobbyist gifts and the use of campaign funds.