| The LRC vs. the City Charter's
Ethics Provisions |
| The
City of Louisville has 13
boards and commissions created under municipal law. They range from
the Board of Adjustment to the Cultural Council to the Library Board to
the Youth Advisory Board. All of these boards are advisory to the City Council. None of them controls a budget. Every one of its members must comply with the City Charter's strict Ethics Code. The Code applies to all public bodies, and "public body" is defined to include "any board or commission, or any task force or committee" created under the Charter. The unelected Louisville Revitalization Commission has a budget of up to $77 million over 25 years. Because it is a state-authorized body, it is not bound by the Charter's Ethics Code. At the November 8, 2006, City Council meeting, a member of the audience asked whether the LRC was bound by the Ethics Code. Mayor Sisk, who also serves as chair of the LRC, deferred the question to City Attorney Sam Light, who also serves as the attorney for the LRC. Mr. Light answered that the LRC is bound by a "conflict of interest" provision that is set out in the LRC's bylaws. Although neither Mayor Sisk nor Mr. Light discussed the differences between the LRC bylaws' conflict of interest provision and the Charter's ethics code, those differences are stark, and the difference between sunshine and darkness. The most remarkable difference is this: Under the Charter's Ethics Code, once a public official has a conflict of interest, she is disqualified from any further participation, on pain of criminal prosecution and conviction. Under the LRC bylaws, once a public official has disclosed a conflict of interest, he may participate in a vote of the entire LRC to determine whether he may still participate in the transaction in which he has a conflict. If a majority of the LRC members conclude that his continued participation would be in the "public interest," that conflicted LRC member may participate in the conflicted transaction. In February 2007, the LRC, under pressure from citizens, amended its bylaws to include this provision: "The members, officers and employees of the Commission shall also comply with the Code of Ethics set forth as Sections 5-6 through 5-17 of the City of Louisville Home Rule Charter." Is the problem fixed? Hardly. These are bylaws, not laws. Bylaws govern the conduct of members within an organization. No one outside the LRC can enforce these bylaws. No citizen outside the LRC can bring a complaint under the Charter's Code of Ethics, and unlike violation of the Code of Ethics, violation of bylaws is not a criminal offense. |
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