The Macomb County Ethics Ordinance may be off to a shaky start, but at least we have an ordinance.
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| (Board Chair Gingell) |
In neighboring Oakland County, a 3-year effort to establish a “comprehensive” set of ethics rules was defeated by the Board of Commissioners last week. All the Democrats favored bringing the proposed policy to a final vote, but all but one Republican voted to keep it in a study committee.
After the vote, board Chair Michael Gingell steered the policy back to committee.
The bid to tighten and modernize county ethics rules was first proposed by then-Democratic Commissioner Steve Schwartz of Farmington Hills. This year the commissioners’ Democratic Caucus, led by then-Commissioner Tim Greimel of Auburn Hills, tried to push through a policy in a three-person committee studying the issue, while working with the Patterson Administration and Republican commissioners.
But a last-minute legal opinion from the County Corporation Counsel said that the Board of Commissioners had no authority to regulate the actions of county-wide elected officials and their staffs.
A similar snag was encountered in Macomb County last year when questions arose about the board’s authority over the “Big Five” officials – the sheriff, clerk, treasurer, prosecutor and public works commissioner. Before the ordinance was finalized in December, Prosecutor Eric Smith and Public Works Commissioner Anthony Marrocco essentially claimed exemptions, saying state law already establishes an ethics policy for their respective professions.
Democrats argue that, since it is the county board’s charge to set county policies and fund the offices of the county departments, the legal opinion is a delaying tactic or it’s designed to immunize some elected officials. In many counties across the state ethics rules were developed by their commissioners without legal issues being raised.
In Macomb, the ordinance went through numerous changes – and a veto by County Executive Mark Hackel — before a final version was adopted just days before a deadline.
Since then, some critics say Hackel was the first to violate the new policy by making a campaign fundraiser solicitation to county employees.
Other issues surround the five-member Ethics Board, which still hasn’t met and some say the members are too close to Hackel.
And in recent days some commissioners have conceded that the ordinance may have a gaping hole by not addressing special treatment granted by a county official or employee for a member of the public – other than instances that involve cash or a job.
