Public Could Provide Extra Enforcement Eyes For Officials’ Financial Disclosure Forms

For two weeks, we’ve shared with readers a variety of gaps that exist in the current system for disclosing possible conflicts of interest by public officials.
Some are cracks and some are chasms.

In a joint four-month investigation with our television partner, News Channel 11 Connects, we’ve chronicled how public officials frequently fail to complete required financial interest disclosure forms, sometimes filing them late, if at all. We’ve also chronicled how some use confusion as a crutch when questioned about the timeliness or accuracy of the information provided.

Compounding the situation is the fact that enforcement is an enormous hurdle in both Tennessee and Virginia. There aren’t enough people assigned to review the annual forms to come close to finding all of the errors, let alone force compliance.

Tennessee Bureau of Ethics and Campaign Finance Executive Director Drew Rawlins said his agency doesn’t have the staff. “There’s just no way with the manpower we have to review every single statement and ensure that everything is disclosed,” Rawlins told the Herald Courier.
And in Virginia, the forms are managed by so many different agencies and houses in some many different places that balanced, fair statewide enforcement is near impossible.

We have some suggestions.

Virginia, put the data online. A centralized online site would give the public access to the forms, and enlist the aide of millions of free workers – citizens who would readily point out errors. Aside from the need to verify the information, local citizens in the communities where public officials serve deserve the access to the disclosure forms.
Virginia should follow Tennessee, which has been putting the information online for two years. Disclosure of potential conflicts benefits the public and is required by state law. Requiring that the forms be posted online would provide an immediate enforcement boost.

Provide clear civil penalties. In Virginia, there is no clear civil penalty for refusing to fill out the forms, nor for being slow to turn them in. And Tennessee needs more teeth. Both states should clearly spell out fines and penalties for failure to comply; and then enforce them.
Consider making compliance a requisite to seek another term in office.

Educate public officials, and the commonwealth’s attorneys expected to prosecute compliance failures. Public officials are expected to follow the law. It’s written in the disclosure documents, although it needn’t be. Lawful behavior should be a given for a public servant. Still, we recognize the need and support additional training for them and their support staffs any time the law changes. We also think commonwealth’s attorneys need an education on the law.

Citizens expect public officials to be honest in their dealings and need commonwealth’s attorneys to guarantee that honesty by prosecuting offenders.

Take the process seriously. Any earnest public official would ensure they complied with all of the job’s requirements – including filing timely, accurate disclosure statements. And because enforcement is a key component to the system, decision-makers can’t use cost or circumstance as an excuse.

Vote out those who won’t comply. Any elected official who seems stubborn on any of these points clearly lacks the qualities necessary of a public servant. Citizens need leaders who understand the importance of flagging possible conflicts and avoiding them so their character and decision-making is not called into question. People who work to hide their business relationships, income sources, investments or other interactions are never the best candidates for the job.

Passing a law for all and then working to dodge it as an individual is an elitist and unwanted way to govern. These disclosure laws were adopted to reduce potential conflicts and prevent public officials from profiting by their roles. That is an effort everyone should fight for.