Reformers, lawmakers far apart on ethics

Legislative leaders met supporters of an ethics initiative face-to-face Wednesday, and despite polite language, it was clear just how far apart both sides remain.

The Legislature's Ethics Interim Study Committee unanimously adopted a proposed bill that would set up an independent legislative ethics commission — three retired judges, two retired legislators — who would screen citizen- or legislator-generated complaints against a lawmaker.

But Kim Burningham, chairman of Utahns for Ethical Government, sponsor of the citizen initiative, said while the attention to legislative ethics is much appreciated, the proposed bill is "cosmetic" and drafted to "insulate" legislators from "meaningful review" of ethical misconduct.

At one point, House Majority Leader Kevin Garn, R-Layton, made a point-by-point attack on the UEG initiative, now being circulated for voter signatures.

Garn said parts of the initiative are "a direct assault on the cornerstone" of American law — that someone is innocent until proven guilty.

Garn is one of the major movers in forming the Legislature's response to the UEG initiative. He's also pushing the ethics committee to adopt an independent ethics commission.

Rep. Brian King, D-Salt Lake, an attorney, said while he supports the initiative, should it become law he wants to amend it. "There are a lot of things in the initiative I don't care for at all," he said.

It was clear from various committee members' comments that the proposed bill passed by the committee Wednesday didn't meet the desires of Republicans or Democrats.

For example, Rep. Brad Last, R-St. George, and Sen. Scott Jenkins, R-Plain City, both said the bill gives too much power to the independent commission, and in the end only the Legislature itself may determine the facts of an alleged misconduct, only legislators discipline colleagues.

Jenkins said once an independent commission publicly recommends actions against a lawmaker, "for all intents and purposes that guy's political career is over. More or less, he's going to resign anyway. It would be so hard on their career, to be re-elected."

However, ethics complaints were made against two House members last year, and both were found innocent of wrongdoing and both were re-elected in the 2008 election.

In general, Democrats on the committee wanted lower standards of proof and a simple majority vote in the ethics commission to forward complaints to the Legislature.