Gov. Nikki Haley announces ethics reform package
August 22, 2012
Tours South Carolina with Attorney General Alan Wilson to promote state government transparency, accountability
COLUMBIA, SC – August 22, 2012 – During a statewide tour with AttorneyGeneral Alan Wilson, Governor Nikki Haley unveiled an ethics reformpackage that will give South Carolinians the good government theydeserve.
Gov. Haley said, “The most important thing a public official can do isto try and right the wrongs they come across in public life. Our ethicslaws and processes are wrong. They are too confusing, too insular, andmost of all, far too weak. We’re going to change that. No longer willSouth Carolinians be forced to wonder if their government truly belongsto them. These simple, commonsense changes to our ethics system willmake South Carolina one of the most ethically stringent states in thecountry – which is no less than our people deserve.”
The governor’s ethics reform package includes:
No Incumbent Exemption for Elections Filings: All candidates forpublic office – whether incumbent or non-incumbent – should be requiredto file the same forms for candidacy. The South Carolina Supreme Court’srecent interpretation of state laws regarding candidate filings ofStatement of Economic Interest forms created confusion that resulted inthe removal of more than 200 candidates from primary election ballots –none of whom were incumbents for the office they were seeking. Currentstate law must be clarified to avoid incumbency protection and topromote a democratic election process.
Mandatory Conflict of Interest Recusals by Lawyer-Legislators: Recusalrequirements for legislators appearing before boards on behalf ofprivate clients should be strengthened to prohibit conflicts of interestand improper influence. Legislators are influencing the appointments ofboard members whom they appear before on behalf of private clients. Forexample, lawyer-legislators continue to influence the appointmentprocess and vote at the committee levels during the confirmation processfor the Workers’ Compensation Commission, Department of Health andEnvironmental Control Board, and other quasi-judicial boards.
One Ethics Commission for all Public Officials: Current ethicsreview processes lacks coordination – public integrity oversightagencies do not have a coordinated approach to investigating andprosecuting ethical misconduct. They also lack credibility – legislativeethics committees police themselves and their colleagues. The publicdeserves an ethics review process that strengthens public integrity andcan handle violations of ethics laws fairly and consistently. Therefore,it’s time for a constitutional amendment to expand the State EthicsCommission’s jurisdiction to include members of the General Assembly anddissolve the legislative ethics committees.
Total Income Disclosure for Elected Officials: Income disclosuresempower the public to hold their elected officials accountable. Currentstate law does not require elected officials to disclose private sourcesof income. In fact, according to the National Conference of StateLegislatures, South Carolina is one of only four states that do notrequire private sources of income to be reported. We need to strengthenour financial disclosure laws to expose potential conflicts of interest.An elected official should report all income received by himself orherself, his or her spouse, and his or her immediate family members(children and other dependents), to include the source, recipient,amount, and how the income was earned. This includes income fromlobbyist principals and associated businesses that contract with anygovernment entity. Elected officials should report all fiduciarypositions held, whether compensated or uncompensated, to include thename of the entity, title of position, and brief description of dutiesperformed.
Freedom of Information Act (FOIA) Applies to All Branches of Government: Publicinformation should be freely and equally accessible to the people ofSouth Carolina. Arguably, the strongest branch of government – theLegislature – has the weakest requirements for public records disclosureunder our Freedom of Information laws thanks to the legislativeexemption in South Carolina’s FOIA law. According to the NationalConference of State Legislatures, forty-six states have FOIA laws thatare stronger regarding disclosure of legislative records. It’s time todo away with the legislative exemption in FOIA so that the public hasaccess to information from all branches of government.
