Sardinia Needs an Ethics Law

Sardinia Standard March 2009

Opinion Editorial

Sardinia Needs a Better Ethics Law

-Wind Companies in New York Subject to Attorney General’s Code of Conduct

-Ethical Standards can be easily adapted to become part of Community Ethics Law.

By Jay Burney

I may be relatively new to Sardinia having lived here for only a couple of years, but I have been around NYS most of my life.  As a writer, observer, and sometimes participant in local government, one thing has become clear to me. Making big decisions in small towns is a complicated and often difficult activity. Residents, businesses, taxpayers, and government officials are constantly faced with a wide array of arguments, opportunities, choices, deadlines, and challenges. Sometimes, these conditions can throw the decision making process into a macabre stew of ethical pressure cooking. The consequences can be enormous.

Often, small communities and local officials are asked by those wanting to do business in the community to make decisions that change the character and quality of a community. Sometimes for the better, sometimes not. 

These can be big decisions involving zoning variances, tax relief, and infrastructure investments. Companies want to make money, and as much money as possible. For whatever reason they have decided that your community is the best place for them to try to do it.  These businesses can affect the quality of life, the environment, and the character of the community in which they seek to do business. The downside is that the effect can be negative.

 Companies involved in communications, energy, mining, property development, and as a good example in Sardinia, a huge multi-national landfill company want to do business in communities because they derive economic benefit. This often means big choices need to be made. Because of a variety of pressures on public officials, sometimes it is hard to insure appropriate community benefit.

New York State Attorney General Issues Ethics Guidelines

One of the more dramatic and well publicized stories of business/community dealings with small towns in New York State during the past decade involves wind energy companies such as Nobel Energy and First Wind.  Some of these companies have been accused of exerting pressures on town officials to make decisions that lack public scrutiny, avoid accountability, and at the very least cross ethical boundaries.  According to a recent report by the Attorney Generals Office, some of these companies have not been “acting properly, or within the law” in their dealings with small communities.

Last fall, in order to address the issue, the Attorney Generals Office released a “Code of Conduct” designed to help small communities deal with wind companies.  This Code includes a written series of provisions covering such issues as Conflicts of Interest, Public Disclosure Rules, Education and Training Provisions, and Compliance. Part of the Compliance aspect involves the formation of a State Wide Task Force designed to monitor and report about Wind Companies and their relationships with communities.

To their credit, both Nobel Wind and First Wind signed onto the Attorney Generals Code of Conduct.  No one else has.

The Attorney General’s Code of Conduct for Wind Farm Development

This code is an “ethical” guideline for communities and businesses. It outlines areas of potential conflict and offers solutions promoting transparent decision making.  It advocates ethical strategies, actions, and behavior, and promotes best practices through actual conduct and detailed education for public officials, the public, and companies seeking to do business. According to a press release accompanying the announcement of the Ethics Code

“-The Wind Industry Ethics Code is a result of the Attorney General’s investigation into, among other things, whether companies developing wind farms improperly sought land-use agreements with citizens and public officials, and whether improper benefits were given to public officials to influence their official actions relating to wind farm development. 
-The Attorney General's Wind Industry Ethics Code prohibits conflicts of interest between municipal officials and wind companies and establishes vast new public disclosure requirements.”

Attorney General’s “Code of Conduct for Wind Companies” Can Be Adapted to Address a Wide Range of Business and Community Relationships.

Most communities in NYS face the kinds of pressures and ethical questions that are addressed in this remarkable document.  Small towns, like Sardinia, often lack financial and expert resources that would help the community to make the best decisions possible. Who knew that until this document was released, there were no ethical guidelines or standards for communities and businesses? It is time to make these guidelines into law.

Examples from the Attorney Generals “Code of Conduct”

-Under Conflicts of Interest-Prohibited:

“The Wind Company shall not directly or indirectly offer to, or confer on, a Municipal Officer, his or her Relative, or any third party on behalf of such Municipal Officer any benefit under circumstances in which it could reasonably be inferred that the benefit would induce such Municipal Officer to commit an official act, or to refrain from performing an 0fficial duty in connection with Wind Farm Development unless such Municipal Officer recuse him or herself from any official duties in connection with Wind Farm Development.”

-Under: No Gifts: 

“The Wind Company shall not give any Municipal Officer, his or her Relative, or any third party on behalf of Such Municipal Officer, any gift of gifts totally more than ten dollars ($10.00) in the aggregate during a one-year period.”

-Under Public Disclosure:

“1.  The Wind Company shall publically disclose the full names of any Municipal Officer or his or her Relative who has a financial interest in any property Identified for Wind Farm Development, and the nature and scope of the financial interest in the following manner:

1. Submit the information in writing for the public inspection to the Clerk of such Municipality
2.  Publish the information in newspaper having a general circulation in such Municipality

c.   Display the information on a website hosted by the Wind Company

-Submit the information it writing to the Task Force and the Office of the Attorney General”

Let’s Make a Better Ethics Law in Sardinia

Sardinia has an ethics law that last year was reactivated by Sardinia Supervisor Kathy Balus and the Town Board. This law includes the staffing of an Ethics Panel that can review conduct of Town officials if asked to by a unanimous vote of the Town Board.

It is no secret that in America big business with huge legal and financial resources target small communities. Doing business in small communities can be very cost effective for the companies because strategies are often employed that avoid transparency and prevent honest scrutiny by the public. This can allow companies to encourage officials to cut corners or manipulate the system in ways that are not always above board.  Sadly this can prevent communities from setting an authentic priority list of important decisions affecting the community’s best interests. That is why the Attorney General’s Office addressed the problems that it has identified between some Wind Companies and some communities. 

Sardinia, its residents, and its public officials are not immune from these complex and often difficult decisions.  In recent years big businesses such as Waste Management, Inc. which operates the Chaffee Landfill, one of the largest landfills in the Northeast, and Gernatt Asphalt Products, Inc. have sought important decisions including zoning changes with the Town of Sardinia. There is more to come.  Many residents and taxpayers have complained that the processes that have led to poor and controversial decisions. Many people have complained that these decisions have not exactly been transparent or subject to public scrutiny. Lawsuits have resulted. 

I think that the Town of Sardinia should review the NYS Attorney General’s Office “Code of Conduct for Wind Companies” and adapt the code to represent an overall improved ethics law for the Town to add to what we already have.

For a More Detailed Look:

http://www.oag.state.ny.us/media_center/2008/oct/Code%20Signed%20by%20First%20Wind%20and%20AG.pdf