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Indiana ethics cases find frustration in lack of disclosure

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The three major ethics cases involving Indiana officials this year have one thread that ties them together: frustration from ethics watchdogs over a lack of disclosure and transparency.

Inspector General David Thomas talked at length about both last week as he released an 81-page report formally clearing former Indiana Department of Transportation chief of staff Troy Woodruff of any criminal wrongdoing in a series of land deals and a bridge reconstruction benefiting his family.

Thomas said that four years of scrutiny and two separate investigations could have been avoided if Woodruff had simply listened to his agency's ethics officer in 2009 and disclosed his stake in the land being bought by his agency as part of an Interstate 69 project. Instead, because he hid his interest, his office, federal investigators and The Indianapolis Star spent extensive amounts of time digging into his interests and potential conflicts of interest.

"I think that's what people want. They want to feel there is not something hidden," Thomas said.

He pointed to cases in which special prosecutors are appointed at the federal level.

"The indictments are not for what they started to look at, it's for the cover-ups," he said.

In the three top ethics cases decided this year -- involving Woodruff, House Speaker Pro Tem Eric Turner and former Indiana Schools Superintendent Tony Bennett -- investigators found the officials withheld crucial information from their peers and the public.

In the case of Turner, who helped defeat a ban on nursing home construction that would have been disastrous for his family's nursing home construction company, the House Ethics Committee determined that he did not break any formal rules. But afterward, lawmakers expressed surprise at the amount of his personal stake in the company and a report that $345,000 in state tax credits was awarded on of his family's projects.

In Bennett's case, confusion statewide from educators about how he determined "A-F" school grades in 2012 was cleared last year with the publication of emails showing he secretly overhauled the system twice to ensure a charter school run by a top Republican donor received a top grade as he'd pledged it would. A legislative review found that other schools benefited from two changes Bennett made as well, but the donor's charter school was the only one to benefit from both changes.

Bennett was fined $5,000 for using state resources to campaign, but state investigators found no other ethical violations against Bennett or Turner.

All three decisions left ethics experts shaking their heads.

Thomas acknowledged that Woodruff danced close to the ethical line. House lawmakers had similar views of Turner's push to kill the proposed nursing home construction ban.

Stuart Yoak, executive director of the Association for Practical and Professional Ethics at Indiana University, said many of the problems stem from the fact that a hard-and-fast legal system is not always suited to handling questions of public integrity.

"There is a clear distinction between the narrow area of the law and the much broader are of ethics," Yoak said. "And so you've got an IG who is doing what his job tells him to do, which is to find on matters of fact related to the law, and in this case he came to the conclusion there were no legal violations he could recommend prosecution on."

House lawmakers considering ethics reforms in response to the Turner case say they are going to look at new transparency rules for lawmakers. In his report on Woodruff, Thomas reached the same conclusion: Better disclosure is needed.

"The OIG (Office of the Inspector General) and prosecuting attorney authorities are frequently asked to remedy situations where state workers engage in conduct that is close to, but does not actually violate, criminal and/or ethics laws. We believe these types of situations illustrate the reason why the Indiana Legislature authorizes the OIG to recommend potential solutions to these circumstances," Thomas wrote.

A series of ethics scandals under Democrats 10 years ago led former Gov. Mitch Daniels to campaign hard against a "culture of corruption" at the Statehouse. Upon taking office in 2005, he pushed through ethics reforms that created the inspector general and appointed Thomas.

A decade later, Democrats are the ones howling about a "culture of corruption" under Republican leadership.

Whether the problems uncovered in the three cases result in new ethics reforms is a question for the General Assembly.

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  • Quote unquote
    "Steal a little and they throw you in jail/Steal a lot and they make you king" - typifies Dylan's attitude to US politics in this era.

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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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