House Minority Whip Keith Gardner says a bill intended to shine sunlight on ethics abuses may do just the opposite. House bill 43 would create and fund a state wide ethics commission to hear accusations against state officials and state employees–but the bill would allow the commission to shut out the public when it considers ethics violations.
“It appears it would allow the work…to be done behind closed doors,” said House Minority Whip Keith Gardner, R-Roswell, adding “It’s like a cloak of darkness.”
According to the bill, if the ethics commission has a meeting relating to a complaint or investigation it could prevent members of the public from attending. Some worry this would give the commission the ability to shut its doors as often as it wishes.
The bill’s sponsor, Mary Helen Garcia, D-Las Cruces, says the reason for the provision begins and ends with confidentiality. When accusations fly, the provision will help make sure the commission proceeds with discretion until the accusations can be proven (or disproven). She says the Attorney General and the Governor are on board with the bill and that she has introduced a similar measure every year for the last five years.
Gardner agrees with the need for discretion but says once it is shown that accusations have merit, the ethic commission should be working with the doors open.