In response to former Governor Bob McDonnell’s federal indictment, members of the Virginia House of Delegates have announced a bipartisan package of ethics reforms which they hope to pass in the current session. But though this package is a step in the right direction, it shouldn’t be considered a victory for ethics in politics; the delegates’ proposed reforms are relatively tame, and they leave plenty of loopholes for politicians.
As has been recently publicized, Virginia already has some of the most lax ethics laws in the country; it is currently legal for elected officials to receive gifts of an unlimited value. Given this extraordinary lack of regulation, it’s hardly surprising that the Center for Public Integrity gives Virginia an F for Ethics Enforcement Agencies and an overall F for state integrity. In an effort to combat the state’s negligence in this area, the proposed legislation would prevent elected officials from soliciting gifts, cap gifts from lobbyists at $250, require the disclosure of gifts made to officials’ family members and establish a State Ethics Advisory Commission to oversee a newly updated financial disclosure system.
These changes might sound revolutionary, but that’s only in comparison to Virginia’s current ethical regulations. In reality these proposals are fairly minimal, especially since Virginia delegates are doing nothing by way of campaign finance reform, and the ethics commission they plan to establish would have no enforcement power whatsoever. A lack of enforcement power means the creation of this commission would be largely symbolic. The commission would not have the authority to investigate potential conflicts of interest; it would only be able to advise officials and oversee online ethics training. Advising officials and conducting training are worthwhile pursuits, but they’re likely ineffective deterrents from engaging in unethical activity. It’s hard to believe that politicians will take such a superficial commission seriously, and given the nature of McDonnell’s indictment, it seems logical to establish a functional commission with actual investigative powers.
The omission of campaign finance reform in these proposals is even more troubling. There are no measures to address campaign contributions or how campaign funds can be spent, two areas which easily lend themselves to conflicts of interest and corruption. Even if the proposed regulations are able to significantly lessen in-office corruption — which seems unlikely — without campaign finance reforms, lobbyists and donors will be able to sidestep these regulations during campaigns. Although political donations are not themselves corrupt, there is a correlation between votes cast or bills introduced by legislators and the interests of parties who significantly subsidize those legislators’ campaigns. This is obviously a serious issue that requires legislative action.
Unfortunately, comprehensive reforms don’t seem to be a realistic expectation from the current General Assembly, since prior to McDonnell’s indictment members of the Assembly consistently rejected chances to tighten their ethics laws. In 2012, the General Assembly struck down a bill that would have required the disclosure of tax credits that public officials claim, ostensibly because it would reveal to Virginians how much companies that received tax breaks were donating to members of the Assembly. Back in August, when McDonnell’s activities first came to light, members of the General Assembly — Republicans and Democrats alike — made no moves to introduce ethics reforms.
The apparent indifference Virginia politicians have for this issue is highly disturbing. Now that McDonnell has been indicted and ethical issues are becoming a source of public outrage, the General Assembly is prepared to pass minor legislation to quiet that outrage. What Virginia really needs is comprehensive and effective legislation that raises the ethical standard to which we hold our politicians.
Dani Bernstein is a senior associate Opinion editor for The Cavalier Daily. Her columns run Tuesdays.
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