One positive outcome of the state Senate’s investigation into former Sen. Lou DeLuca may be the creation of standing committees in the House and Senate that will serve as the Legislature’s cop on the corner.
Shortly after DeLuca announced his resignation, Senate Pro Tem Don Williams (D) and Minority Leader John McKinney ( R ) pledged to work during the upcoming session to develop a clear procedure for handling future ethical lapses by members. If the Senate takes this path, the House will be forced to follow suit.
McKinney seemed more forceful than Williams in his call for a new approach. That may be due partly to the fact that Williams’ party holds the majority and has more to lose if one of its members lands on the wrong side of the law.
The truth is, ethics in the state legislature has historically been based on a ‘don’t ask, don’t tell’ system. When a troublesome case pops up, the first impulse is to lay low and hope it goes away.
It has worked for many wayward lawmakers in the past. In the post Rowland era however, the news media and the public are placing a higher premium on ethics. While drunken driving offenses have been largely ignored in the past, the next case will be handled much differently. It will be viewed as another opportunity to set an even higher standard. Prayers for the perpetrator and self admission to a detox program will not go as far as it used to.
For all the complaints about the pace of the DeLuca investigation, the special committee empanelled to review his case got at least one thing right. By its own rules and through a commitment from its members, everything the committee did, it did in public. If the committee process had continued and members were forced to deliberate censure versus expulsion, members intended to have that debate publicly and televised live. It would have been extraordinary, and extraordinarily uncomfortable.
If the Senate and House go forward with standing committees on ethics, it is very important that the principle of complete openness be part of the deal. In Washington D.C., congressional ethics committee’s have very little credibility, largely because they are set up to operate in secret, presumably to protect the reputation of the accused. The federal process does not inspire confidence, it breeds cynicism.
An open process is a must. It ensures that investigations will not be stalled in back rooms. It puts public pressure on politicians to set and apply high standards. The fear of a campaign backlash helped push the DeLuca committee toward the harsher punishments of censure or expulsion.
Subpoena power is also a must. One failing of the DeLuca committee is a set of rules that seemed to give the advantage to the accused. Senator DeLuca was able to decide how he interacted with the committee and what evidence and information he would provide. This can’t happen again. The review process needs to be swift and comprehensive. An ability to hide unethical behavior behind procedure should not be a benefit of legislative membership. Ethics committee’s can be effective deterrents to errant behavior if they are feared.
Tough talk on ethics at the Capitol is cheap. If you had a nickel for every time a politician said, “We will do everything in our power to eliminate even the appearance of a conflict of interest,” you’d have enough money to effectively bribe one.
Senators Williams and McKinney are in a position to lead the way on this issue and prove that this time, it’s not just talk. Follow through on this promise, force the House to follow your lead, and leave the place better than you found it.
Dean Pagani is a former gubernatorial advisor. He is V.P. of Public Affairs for Cashman and Katz Integrated Communications in Glastonbury.
