Viewpoint: Code of ethics needed for local governments in Indiana
The recent hubbub about the lack of codes of conduct for the U.S. Supreme Court caused me to reflect on the need for codes of ethics in units of local government. I began doing an informal survey to determine what the status of such codes might be in Indiana. The results were not encouraging. My own city (LaPorte) adopted such a code in 2004, but it does not appear that it has been followed. Frequently, the response from other government officials was “No, I don’t think we have one,” but I found the response from the secretary to the county commissioners in one county most revealing: “ That’s an interesting question. I’d like to know the answer to that myself.”
The latest information I could locate indicated that Indiana has 2,638 units of local government —1,662 of them are general purpose (counties, cities, towns, etc.) and 976 special districts (libraries, school districts, sewer and water authorities, etc. ) The 2022 Census of Governments indicated there were 206,274 employees in local government in Indiana, generating an annual payroll cost of over $1.6 billion. Add to that number the thousands of appointed officials who serve on various boards and commissions, and it is clear that local government is a huge enterprise in Indiana! The complexity of decision-making processes and the number of people and groups involved creates many opportunities for ethical issues to arise. That alone makes setting standards of ethical conduct and enforcing them a worthy objective. If there are downsides to doing so, I’ve been unable to identify them.
We are fortunate to have a Shared Ethics Advisory Commission in northwest Indiana. It encourages units to make a commitment to four values:
· Honesty/Integrity
· Respect/Civility
· Accountability/Responsibility
· Fairness/Justice
The commission provides state-of-the-art training for governmental units and their employees and volunteers, but the impact of the commission is diminished by the fact that only a minority of counties, cities and towns have joined the commission, and some who have joined have not participated.
I hope other units of government not only commit to membership in the Shared Ethics Advisory Commission but also take advantage of the excellent training resources it provides. We need a broader and deeper understanding of the importance of high ethical standards in government and gain commitment to them.
While I favor voluntary compliance, it may be time for the Indiana General Assembly to address the need for the creation of codes of ethics in local government. North Carolina has done so, and their approach could be a template for Indiana. They require all cities, counties, local boards of education, sanitary districts and consolidated city-counties to adopt a resolution or policy containing a code of ethics to guide actions by the governing board members.
The ethics policy must address at least five key responsibilities of board members, responsibilities that reflect concern for ethical principles as well as for the effects of board members’ decisions on others.
The five areas to be addressed are:
1. The need to obey all applicable laws regarding official actions taken as a board member.
2. The need to uphold the integrity and independence of the board member's office.
3. The need to avoid impropriety in the exercise of the board member's official duties.
4. The need to faithfully perform the duties of the office.
5. The need to conduct the affairs of the governing board in an open and public manner, including complying with all applicable laws governing open meetings and public records.
The North Carolina statute leaves local boards a good deal of leeway in deciding what else their codes will contain, as long as the code addresses the five topics listed above.
I encourage readers to reflect on the importance of establishing and/or gaining commitment to ethical standards for local government. The Shared Ethics Advisory Commission (sharedethics.com) is a wonderful resource to help make that happen. I hope the Indiana General Assembly will consider enacting legislation that will require all units of local government to adopt codes of ethics that will meaningfully enhance the integrity and reputation of local government in Indiana. I think that’s a very worthy objective!
Leigh Morris is the former mayor of LaPorte and former LaPorte County Republican Party chair.
This article originally appeared on South Bend Tribune: A code of ethics needed for local governments in Indiana.
