Free speech, even on ethics
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share thisSoon after good-government activist Gene Stilp filed an ethics complaint in 2007 against then-House Minority Leader H. William DeWeese, the state Ethics Commission launched an investigation - of Mr. Stilp.
Mr. Stilp, it seems, had committed a cardinal sin - violating the institutional secrecy that incubates so much corruption in Harrisburg. Not only did he file an ethics complaint against a powerful politician, he publicly announced that he was about to do so.
The underlying issue was important - allegations that the House Democratic Caucus, then led by Mr. DeWeese, had used about $290,000 in public money for political polling.
One day after Mr. Stilp filed his complaint, the commission summarily dismissed it, claiming that he had failed to provide enough specific information to warrant an investigation.
That much was to be expected. But then, on Jan. 31, 2008, Mr. Stilp received a letter from the commission advising him that he was under investigation for publicly revealing that he had filed the complaint.
Mr. Stilp, who believed that he had free speech rights under the First Amendment, filed a federal civil rights complaint against John J. Contino, commission executive director.
Monday, U.S. District Judge Christopher C. Conner of the Middle District of Pennsylvania, issued an injunction prohibiting the commission from punishing anyone for disclosing the existence of an ethics complaint.
Remarkably, the state law in question states that "no person shall disclose or acknowledge to any other person any information relating to a complaint, preliminary investigation or petition for reconsideration which is before the commission."
In other words, citizens, just shut up if you think that a state official has acted unethically.
Mr. Contino testified that the reason for that ridiculous level of secrecy is to protect the integrity of commission investigations.
The broader reason, however, is that the commission is a lap dog rather than a watch dog.
Judge Conner noted that there are other ways to protect the integrity of investigations, such as giving the commission real investigative powers and independence.
In issuing the preliminary injunction, Judge Conner found that the section of the state law that precludes free speech is "presumptively illegal." He also found that Mr. Stilp is likely to succeed in his civil rights case.
Given the judge's finding and that the state Legislature is mired neck-deep in corruption, lawmakers should rework the ethics law to establish a truly powerful, independent ethics body that embraces disclosure rather than secrecy. Doing so would ensure not just the integrity of investigations, but of the government.
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