Public Accountability Laws Chapter 15
Copyright © 2007 Thomson Delmar Learning Objectives Identify common types of public accountability laws. Explain the difference between conflict-of-interest laws and ethical codes. Explain the purpose and functioning of open meetings and open records laws. –Explain penalties for violations of each
Copyright © 2007 Thomson Delmar Learning Identify two common types of financial disclosure requirements. Define whistleblower acts and whistleblower provisions. Objectives
Copyright © 2007 Thomson Delmar Learning Public Accountability Laws Purpose –Foster integrity in government –Promote public confidence Exist at federal, state, and local levels –State and local laws have most impact on fire departments
Copyright © 2007 Thomson Delmar Learning Conflicts of Interest Potential or actual conflicts –Between responsibilities of a public official and some other duty or interest Financial, business, family, or otherwise
Copyright © 2007 Thomson Delmar Learning Conflict-of-Interest Laws Prohibit conflicts of interest from arising among public officials Focus primarily upon financial conflicts
Copyright © 2007 Thomson Delmar Learning Ethical Codes Comprehensive guidelines for the conduct of public officials and employees –Goes beyond conflict of interest
Copyright © 2007 Thomson Delmar Learning Ethics Commissions Created to oversee and enforce ethics and conflict-of-interest laws Conduct investigations into alleged violations
Copyright © 2007 Thomson Delmar Learning Public Disclosures Conflict of interest –Worse when undisclosed or concealed Some states allow public officials to avoid potential conflict-of-interest problems –Disclosing the potential conflict –Some states allow an official to participate in decision making if the conflict is disclosed
Copyright © 2007 Thomson Delmar Learning Some states mandate disclosure of all potential conflicts –Prohibit participation even when disclosed Public Disclosures
Copyright © 2007 Thomson Delmar Learning Officials disclose potential conflicts of interest –File public disclosure form with state ethics commission or other appropriate state agency Public Disclosures
Copyright © 2007 Thomson Delmar Learning Financial Disclosure Apply to candidates, elected officials, and certain high-ranking public officials Two types: 1.Campaign- and election-based disclosure laws 2.Ethics-based disclosure laws
Copyright © 2007 Thomson Delmar Learning Financial disclosures may need to be filed –Ethics committee –Board of elections Financial Disclosure
Copyright © 2007 Thomson Delmar Learning Open Government Laws Two major types: 1.Open meetings laws 2.Open records laws
Copyright © 2007 Thomson Delmar Learning Open Meetings Laws Mandate that public and governmental bodies hold their meetings and deliberations in public Scope of public bodies included –Volunteer fire companies
Copyright © 2007 Thomson Delmar Learning Secret and informal meetings Conference calls Video-conference or Web conferencing s and Web logs Open Meetings Laws
Copyright © 2007 Thomson Delmar Learning Public participation Executive or closed session Penalties for violations Open Meetings Laws
Copyright © 2007 Thomson Delmar Learning Open Records Laws Require public access –To records created, maintained, received, collected. or complied by any agency, branch or part of government Except where specifically protected
Copyright © 2007 Thomson Delmar Learning Scope of public agencies included –Volunteer fire companies Records subject to disclosure Exceptions Violations Open Records Laws
Copyright © 2007 Thomson Delmar Learning Whistleblower Acts Laws –Protect individuals who expose governmental or industry wrongdoing involving their employer
Copyright © 2007 Thomson Delmar Learning Apply generally to anyone who reports wrongdoing of their employer –Prevents retaliation Some laws have whistleblower provisions –Apply only to employees who report wrongdoing under the particular law Whistleblower Acts
Copyright © 2007 Thomson Delmar Learning Summary Conflicts of Interests Ethical codes Ethics commissions Open meetings laws Open records Laws Whistleblower laws and provisions