Tag Archives: transparency

From The Ethics Alarms “Ethics Mysteries” Files: Explain To Me Again Why Public Employees Like Police Have A Right For The Public Not To Know They Should Have Been Fired…

Only three states—New York, Delaware and California–have laws specifically shielding police misconduct records from the public. How can this possibly be justified?

From BuzzFeed, which was working from leaked documents:

…from 2011 to 2015 at least 319 New York Police Department employees who committed offenses serious enough to merit firing were allowed to keep their jobs. Many of the officers lied, cheated, stole, or assaulted New York City residents. At least fifty employees lied on official reports, under oath, or during an internal affairs investigation. Thirty-eight were found guilty by a police tribunal of excessive force, getting into a fight, or firing their gun unnecessarily. Fifty-seven were guilty of driving under the influence. Seventy-one were guilty of ticket-fixing. One officer, Jarrett Dill, threatened to kill someone. Another, Roberson Tunis, sexually harassed and inappropriately touched a fellow officer…At least two dozen of these employees worked in schools. Andrew Bailey was found guilty of touching a female student on the thigh and kissing her on the cheek while she was sitting in his car. In a school parking lot, while he was supposed to be on duty, Lester Robinson kissed a woman, removed his shirt, and began to remove his pants. And Juan Garcia, while off duty, illegally sold prescription medication to an undercover officer.

In every instance, the police commissioner, who has final authority in disciplinary decisions, assigned these officers to “dismissal probation,” a penalty with few practical consequences. The officer continues to do their job at their usual salary. They may get less overtime and won’t be promoted during that period, which usually lasts a year. When the year is over, so is the probation.

Wait—that’s not how they show it on “Blue Bloods!” More… Continue reading

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Windy Morning Ethics Warm-Up, 3/2/18: More Supreme Court Fun, Transparency Games, Ethical and Unethical Quotes Of The Day…

GOOD MORNING!

(Wind storms all over Virginia, knocking out power and my e-mail, and blowing over a tree that narrowly missed my son’s car!)

1 Lack of Transparency? What lack of transparency? During a lecture and moderated discussion at U.C.L.A. this week in which he was a a participant and invited guest, Treasury Secretary Steven Mnuchin was heckled with hisses, jeers, shouted insults and profanity from students and protesters, some of whom were ushered and even carried out by police officers. A programmed sixth grader in the audience even questioned him about the fairness of passing permanent tax cuts for companies and expiring cuts for individuals, because as we all know, 10-year-olds are well-versed in tax policy theory.

Afterwards, Mnuchin  revoked his consent for the official video of the event to be released, perhaps because he was flustered by the harassment and it showed. In response to criticism of this virtual censorship,

The Treasury Department, through a spokesperson, said that what the Secretary did wasn’t what he obviously did—a Jumbo, aka “Elephant? What elephant?”—saying,

“The event was open to the media and a transcript was published. He believes healthy debate is critical to ensuring the right policies that do the most good are advanced.”

He just doesn’t want anyone to see or hear the debate.

A related point: The protests were organized by Lara Stemple, a U.C.L.A. law professor, and students and faculty members participated. Protests are fine; disrupting the event is not. Faculty members who assisted in the heckling should be disciplined, and students who participated should be disciplines as well.  It’s an educational institution, and all views sgould be openly explored and heard without interference. No guest of the university should be treated this way. Ever. No matter who it is or what their position. The treatment on Mnuchin was unethical.

2. More Supreme Court fun with ethics! Minnesota’s law banning “political” clothing and buttons from polling places is being challenged as an affront to free speech. The law prohibits people from wearing a “political badge, political button or other political insignia” at a polling place on an election day, and a member of the tea party movement sued after his “Tea Party” message got him in trouble when he came to vote.

Here is Justice Samuel A. Alito’s exchange with Daniel Rogan of the Hennepin County Attorney’s Office, who was defending Minnesota’s law:

“How about a shirt with a rainbow flag?” asked Alito. “Would that be permitted?”

“A shirt with a rainbow flag?” Rogan repeated. “No, it would — yes, it would be — it would be permitted unless there was — unless there was an issue on the ballot that — that related somehow to — to gay rights.”

Justice Alito: Okay. How about an NRA shirt?

Mr. Rogan: An NRA shirt? Today, in Minnesota, no, it would not, Your Honor. I think that that’s a clear indication—and I think what you’re getting at, Your Honor—

A T-shirt bearing the words of the Second Amendment? Alito asked.

Probably banned because of the gun-control issue, Rogan said.

The First Amendment? Alito asked. Probably not, Rogan answered.

Got it. The First  Amendment isn’t a political statement, but the Second Amendment is. That led Justice Neil M. Gorsuch to observe: “Under your interpretation of ‘political,’ it would forbid people from wearing certain portions of the Bill of Rights into a polling place but not other portions of the Bill of Rights. And I guess I’m just wondering what compelling interest Minnesota has identified that requires a statute that goes so much further than the vast majority of states?”

In contrast, Justice Anthony M. Kennedy asked J. David Breemer, a lawyer for the Pacific Legal Foundation, representing the challengers, “Why should there be speech inside the election booth at all, or inside the what you call the election room? You’re there to vote.”

This is a problem requiring an “all or nothing” solution. Either all forms of political speech must be allowed, or no speech at all. In a sick time where citizens honestly argue that a MAGA cap or a picture of a gun makes them feel threatened and “unsafe,” the ethical option would seem to be Justice Kennedy’s. No speech, messages, no logos, no photos, no American flags. Last fall I voted wearing my Red Sox jacket.

Uh-uh. Continue reading

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Morning Ethics Warm-Up, 2/26/18: Spin! Hypocrisy! Heresy! Demagoguery! Idiocy! And Weren’t Those Sex Slaves Cheering For North Korea Adorable?

Good Morning!

Of course it’s a good morning…the 2018 Winter Olympics ended last night!

1 The Schiff Memo. The Democrat’s alleged rebuttal to the Devon Nunes memo regarding how Carter Page came to be the object of secret surveillance that extended into the Trump campaign should have been the big story of the weekend, along with the fact that government systems repeatedly failed to protect the students in Parkland from an unbalanced young man who had been repeatedly identified as a risk for exactly the kind of mad act he ultimately engaged in. But the left-biased news media downplayed it after trying to spin it, because the hyped memo did not rebut the key allegations in the previous Republican House document. The FISA court was not informed that the Russian dossier was created and funded by the Democratic National Committee and the Clinton campaign. The dubious dossier  was a key component of the evidence that led a secret court to remove the Constitutional rights of a citizen, while interfering with a Presidential campaign.

Amusingly, the Schiff memo spins that the Obama Justice Department application was “transparent,” and then describes transparency as a FISA warrant application that said that Christopher Steele, referred to as “Source #1,” was “approached by” Fusion GPS founder Glenn Simpson, referred to as “an identified U.S. person,” who

indicated to Source #1 that a U.S.-based law firm had hired the identified U.S. Person to conduct research regarding Candidate #1’s [i.e., Trump’s] ties to Russia. (The identified U.S. Person and Source #1 have a longstanding business relationship.) The identified U.S. Person hired Source #1 to conduct this research. The identified U.S. Person never advised Source #1 as to the motivation behind the research into Candidate #1’s ties to Russia. The FBI speculates that the identified U.S. Person was likely looking for information that could be used to discredit Candidate #1’s campaign.

Andrew McCarthy, in the National Review, concludes that the Schiff memo does the Democratic narrative more harm than good. I agree: it looks like a desperate spin attempt to me, so desperate that the news media abandoned the story as quickly as it could.

2. Segue Alert! And speaking of transparency…From the Boston Herald: Continue reading

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Ethics Alarms Encore: “The Inconvenient Truth About The Second Amendment and Freedom: The Deaths Are Worth It”

[ I wrote this piece in 2012, in response to the reaction at the time from the Second Amendment-hating Left to the shocking murder-suicide of of the Kansas City Chiefs’ Jovan Belcher. Jason Whitlock, then a thoughtful sports columnist iin KC, wrote a much linked and publicized column calling for private ownership of guns to be banned. I was going to update my post, but decided to just put it up again. Some of it is obviously dated (the reference to juvenile Carl in “The Walking Dead,” for example), but I have re-read it, and would not change a word of its substance.]

The shocking murder-suicide of of the Kansas City Chiefs’ Jovan Belcher has once again unleashed the predictable rants against America’s “culture of guns” and renewed calls for tougher firearms laws. Yes, reasonable restrictions on firearms sales make sense, and the ready availability of guns to the unhinged, criminal and crazy in so many communities is indefensible. Nevertheless, the cries for the banning of hand-guns that follow these periodic and inevitable tragedies are essentially attacks on core national values, and they need to be recognized as such, because the day America decides that its citizens should not have access to guns will also be the day that its core liberties will be in serious peril.

Here is Kansas City sportswriter Jason Whitlock, in the wake of Belcher’s demise:

“Our current gun culture ensures that more and more domestic disputes will end in the ultimate tragedy and that more convenience-store confrontations over loud music coming from a car will leave more teenage boys bloodied and dead. Handguns do not enhance our safety. They exacerbate our flaws, tempt us to escalate arguments, and bait us into embracing confrontation rather than avoiding it… If Jovan Belcher didn’t possess a gun, he and Kasandra Perkins would both be alive today.”

I don’t disagree with a single word of this. Yet everything Whitlock writes about guns can be also said about individual freedom itself. The importance of the U.S. “gun culture” is that it is really individual freedom culture, the conviction, rooted in the nation’s founding, traditions, history and values, that each citizen can and should have the freedom, ability and power to protect himself and his family, to solve his or her problems, and to determine his or her fate, without requiring the permission, leave or assistance of the government. Guns are among the most powerful symbols of that freedom. You can object to it, fight it or hate it, but you cannot deny it. Guns are symbols of individual initiative, self-sufficiency and independence, and a culture that values those things will also value guns, and access to guns.

Whitlock’s statement argues for building a counter-America in which safety, security and risk aversion is valued more than individual freedom. There is no doubt in my mind, and the results of the last election confirm this, that public support for such a counter-America is growing. The government, this segment believes, should be the resource for safety, health, financial well-being, food and shelter. It follows that the government alone should have access to firearms. This requires that we have great trust in central government, a trust that the Founders of the nation clearly did not have, but one that a lot of Americans seem ready to embrace. Giving up the right to own guns and entrusting government, through the police and the military, with the sole power to carry firearms represents a symbolic, core abandonment of the nation’s traditional commitment to personal liberty as more essential than security and safety. I would like to see the advocates of banning firearms admit this, to themselves as well as gun advocates, so the debate over firearms can be transparent and honest. Maybe, as a culture, we are now willing to make that choice. If so, we should make it with our eyes open. Continue reading

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Ethics Quiz: The Fate of Rachel Dolezal

dolezaltoday

I hope you remember Rachel Dolezal, the former NAACP branch president who falsely claimed to be black, double-talked and lied about her racial origins, and was defended by the “race is just a social construct” crowd on the left, as part of the same ideological fantasy that holds that a man can be a woman by just deciding that she is one. Ethics Alarms discussed her strange story here, here, and here.

Following her 15 minutes of fame, Rachel was somehow unable to manage a book contract or a speaking tour, perhaps because she is a walking, talking Achilles heel for several beloved progressive myths, Now she’s jobless and living on food stamps, and facing foreclosure and expects to be evicted next month.

“There’s no protected class for me,” she told The Guardian. “I’m this generic, ambiguous scapegoat for white people to call me a race traitor and take out their hostility on. And I’m a target for anger and pain about white people from the black community. It’s like I am the worst of all these worlds…I do think a more complex label would be helpful, but we don’t really have that vocabulary. I feel like the idea of being trans-black would be much more accurate than ‘I’m white.’ Because you know, I’m not white.”

Of course, she is.

Dolezal says she’s been rejected for  over 100 jobs. She has had offers on the freak show circuit,  in porn and reality TV. But Dolezal is not uneducated or dumb. Surely there are many jobs that she could perform, and well.

Your Ethics Alarms Ethics Quiz Of The Day is this…

Would you hire Rachel Dolezal?

Continue reading

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The Flynn Fiasco: Flynn Doesn’t Understand That Ethics Thingee, And That’s Reason to Fire Him All By Itself

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From The Daily Caller:

In the final hours before his resignation, now-former White House National Security Adviser Michael T. Flynn said he “crossed no lines” in his discussion with Russia’s ambassador, but ultimately he was most concerned about the steady stream of leaks to reporters based on classified information.

“In some of these cases, you’re talking about stuff that’s taken off of a classified system and given to a reporter. That’s a crime,” Flynn told The Daily Caller News Foundation Investigative Group during a telephone interview from his White House office on Monday.

“You call them leaks. It’s a criminal act. This is a crime. It’s not just a wink and a nod,” Flynn said.

Signature significance: any time an official under fire claims that he”crossed no lines,” he or she is asserting The Compliance Dodge, Rationalization #6 on the list:

5. The Compliance Dodge.

Simply put, compliance with rules, including laws, isn’t the same as ethics. Compliance depends on an individual’s desire to avoid punishment. Ethical conduct arises from an individual’s genuine desire to do the right thing. The most unethical person in the world will comply if the punishment is stiff enough. But if he can do something unethical without breaking the rules, watch out!

No set of rules will apply in all situations, and one who is determined to look for loopholes in a set of laws, or rules, or in an ethics code, so that he or she can do something self-serving, dishonest, or dastardly, is likely to find a way…

In an earlier version of #6, this was called the Al Gore Dodge, in honor of then Vice-President Gore, who had been caught engaging in some of the slimy Clinton administration fundraising machinations, and  justified his conduct by arguing that “no controlling legal authority” prohibited what he did, which was to raise campaign funds  from his office in the White House. Flynn lied to the  current Vice-President and attempted to cover-up his conversation with the Russian ambassador. The FBI was spying on him at the time, which raises other issues. But even if the FBI’s surveillance was a part of a rogue operation by Sally Yates to take over the government and make Barack Obama King, it doesn’t change what Flynn did, or make his conduct any more acceptable. Continue reading

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Ethics Observations On The Michael Flynn Resignation

flynn

We woke up this morning to this…

Michael T. Flynn, the national security adviser, resigned on Monday night after it was revealed that he had misled Vice President Mike Pence and other top White House officials about his conversations with the Russian ambassador to the United States.

Mr. Flynn, who served in the job for less than a month, said he had given “incomplete information” regarding a telephone call he had with the ambassador in late December about American sanctions against Russia, weeks before President Trump’s inauguration. Mr. Flynn previously had denied that he had any substantive conversations with Ambassador Sergey I. Kislyak, and Mr. Pence repeated that claim in television interviews as recently as this month.

But on Monday, a former administration official said the Justice Department warned the White House last month that Mr. Flynn had not been fully forthright about his conversations with the ambassador. As a result, the Justice Department feared that Mr. Flynn could be vulnerable to blackmail by Moscow.

Ethics Observations:

1. Good. Good because it was evident from the beginning that this was a questionable appointment by Trump. Flynn is a hoax news addict and a well-established loose cannon.  Good also because  his removal was fast.

2. Naturally, the news media spin, since the idea is always to make the President look as bad as possible,  is that this is a record for short tenure. The previous administration stuck with demonstrably incompetent, corrupt or untrustworthy officials for months, years and in the case of Eric Holder, more than a full term after they had shown that they were liabilities. There is no honor in giving power to someone who is unqualified and unworthy like Flynn, but it vastly compounds the breach of duty to hesitate to fire them as soon as their disqualifications are known. In this respect, at least, the President’s CEO habits, and his fondness for saying, “You’re fired,” served him, and the American people, well.

3. Next up: learn to deal with such unpleasant situations without making them worse with lies, obfuscation and transparent deception. Kellyanne Conway yesterday said that Flynn had the President’s “full confidence,” an obvious lie from the second the words left her mouth. (Conway would be a good candidate for the next hook. Or Reince Priebus. Or Sean Spicer. Or Steve Miller. Or Rudy Giuliani….) Then Trump denied that he was aware of Flynn’s deceptions, even as contrary news reports were flashing. This is just incompetent, and there is no excuse for it. Admittedly, this President has no reputation for truth to shatter, but these Jumbos (“Elephant? What elephant? “) make a leader look stupid or contemptuous of the intelligence of the public. Continue reading

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