The key sentence is this one: “I would say that a perceived ethical dilemma is a good place to start by taking the high road.”TRIBUNE CHEERS & JEERS: March 25, 2009
JEERS
... again to New Albany Councilwoman Diane McCartin-Benedetti for not recusing herself at Thursday’s council meeting from voting on a development brought before the council by her brother. The councilwoman told audience members that she is not making a capital gain. (Note to self, check up on campaign contribution files in future elections.) That’s not the issue. As I’ve stated before in this space, a breach of ethics can be perceived and damage credibility even through association.
Ignore Dan Coffey’s claims that our claims of ethical conflicts are personal. He’s out of touch as usual.
Why is this important? Because New Albany government — specifically the council — has a reputation for being a mockery, anti-good ideas and generally lacking when coming to the idea of good government. Whether or not the reputation is deserved is another matter, but it does exist.
The council must do everything it can to show it’s a logical, rational and morally responsible group in order to have any chance at overcoming this reputation. I would say that a perceived ethical dilemma is a good place to start by taking the high road.
It still surprises me that very few people in elected positions seem to be publicly questioning this.
Again, I will state that I believe the council — or the county party leaders — should use this opportunity to put an ethics code in writing. It may not be binding, but we can ask all new candidates to sign it before running for office. City government ethics codes are not uncommon across the United States. But no one ever claimed that the New Albany City Council was common.
— Tribune Publisher Steve Kozarovich
I spoke near the end of last week’s meeting, observing that to Google “conflict of interest” is to find as many examples of support for CM Benedetti’s position as there are instances of refutation, in the sense that not every ethical code applicable to her position cites the capital gain of a sibling as a possible source of conflict.
But it cannot be doubted that her stance represents the very lowest of common denominators, as Kozarovich recognizes. Apart from congenital dullards like the council’s Boner and Jethro, almost everyone in New Albany with a pulse recognizes the need for elevated standards, and yet Benedetti upholds the utility of the most minimal.
Congratulations to the Tribune for staying engaged with this story, and shame on those council members who remain rooted to the bottom rung on the ladder of achievement. Councilpersons surely can be taught new tricks ... if they're willing to learn.
12 comments:
I’m very pleased that the Tribune has taken note of this. Steve hits the key point. Even if the councilwoman alleges no personal, pecuniary gain, there still is an undeniable and very damaging perception of a conflict.
The principle here is the important thing, not the particular facts and circumstances of Ms. McCartin-Benedetti’s financial relationship with her brother. That being said, there are two facts I’d like to point out.
First, we have no way of knowing the true financial relationship. Is it possible that Ms. McCartin-Benedetti is a beneficial of her brother’s will? Could he build a Wendy’s, make money, get struck by lightning, and then McCartin-Benedetti suddenly has a windfall, a windfall she would not have received but for her vote on the council? Do they have an older relative who needs financial assistance, assistance which if it came from a wealthier brother would relieve financial burden from the sister? Is it possible that he will earn more money from these projects and then make larger campaign contributions? Do we have audited tax returns showing that she is not a silent partner any of his dealings? If a corporation is doing the developing, how do we know who all the shareholders are? We don’t. That information is not public. We have no way of knowing the financial relationship between Ms. McCartin-Benedetti and her brother. We only have her word.
Second, Ms. McCartin-Benedetti is not known for her perfect attendance at council meetings. She always seems to show up when her brother’s deals are before the council. Also, I do not know of a single example of when she has voted against her brother’s proposals. Personally, I would be more sympathetic to her arguments if she voted with more independence.
But, the principle here is the important thing, not the particular facts and circumstances.
That a council member cannot vote for his or her sibling’s projects is not a radical view. Many other Indiana cities have policies explicitly banning the very thing that Ms. McCartin-Benedetti is defending. New Albany can show that that it is above this and it won’t cost the city a dime. Not having a conflicts policy damages outsiders’ views of the whole city. For businesses looking to move here, not having a policy pushes away honest businesspeople and invites those who think they can cut a backroom deal. It hurts us all.
A Code of Ethics is an idea whose time has come. It’s simple good governance.
What other simple good governance ideas can New Albany enact?
"What other simple good governance ideas can New Albany enact?"
Transparency.
I don't have time to look it up right now, but Mrs. Benedetti did in fact vote against a Gary McCartin project; if I recall, it was right after she assumed office, and I remember thinking at the time that the vote was designed to forestall future accusations of conflict of interest: "But I voted against him once."
Is Satirist correctly points out, a specific yes or no vote is irrelevant. It's the principle of the matter ... and, whether she (or the remainder of a silent council) comprehends the notion of principle.
The conflict exists no matter whether she votes aye or nay. She did join every other member of the council in voting down a prior McCartin proposal.
It is clear that she has persuaded herself there is no conflict. Talk, talk won't change that. Only legislation will. A vague rumor that the general assembly might possibly consider proposing to introduce nebulous legislation that could conceivably address the issue.(whew). is enough for Mr. Coffey to say nothing needs to be done.
One thing we know for sure. If Ed Clere introduces such a bill, it's dead on submission.
there is an easy way to end benedettii's ethical conflicts, organize and assist a council candidate against her in the next election, any takers in her district?
EW, no, because we don't know which district she'll be in next election.
Plaintiffs, when will we know?
who cares, find somebody and take her on I believe she is toast
satirist,
I'm not sure that I would classify McCartin-Benedetti's attendance as any worse than the average member. I don't have a lot of good to say about her performance to date but her attendance has been okay, IMO.
EW,
You can't pick someone to run against her until you know where the district lines are going to be for the next election. As it stands now, the Council thinks it has a plan but the chief election officer for the County says otherwise.
An example. If I wanted to run for Council(I DON'T)in the next election I could be running against Mr. Caesar(plan actually in force)or Mr. Gahan(plan the Council thinks is in force).
It's beginning to look like the Council wants to wait until the last possible moment to keep any possible opposition candidates confused.
If it sounds like I'm cynical--you would be correct.
There are many people interested in running for council, including those who may be in the same district as Coffey and Price. When will we know? Can the plaintiff’s go back to the judge and ask for a new order?
Satirist 5:42,
To answer your questions in the order in which you posed them;
Yes, there are some although not many as of yet.
And NO! When the last version of the consent decree was signed by the attorneys of both plaitiffs & defendants and accepted by Judge Tinder, the original case was over!
However, that doesn't mean that additional leagal action can't be persued.
It ain't over until it's over!
If you reopen the case, I think you will find a sympathetic judge.
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