EL PASO -- Some El Paso County officials want the Texas Legislature to give the county the authority to impose penalties for violations of its code of ethics, including fines of up to $4,000 and jail terms of up to three months.

If the request is approved, the county's ethics code will have more than the power of simple public embarrassment that now keeps elected officials and county employees in line, officials said.

The Commissioners Court will decide Monday whether to ask that a bill be submitted to the Legislature to allow the creation of a county ethics commission with the authority
County Ethics Commission Bill Draft 2-18-09.pdf
to impose the penalties. It would replace the county's ethics board.

Now, violators can be publicly censured, can receive referral to their supervisor or can be referred for criminal prosecution.

"This would take the additional step and send a strong message to elected officials and employees in public service that they are expected to adhere to certain standards of ethics, to represent the public in ways that do not include conflicts of interest and other corrupt practices," County Attorney José Rodríguez said Thursday during the special meeting of the El Paso County Board of Ethics.

The board discussed the proposed legislation and voted unanimously to ask for the Commissioners Court's approval to seek sponsorship of the bill in the

"We want to ensure our government is aware we are not going to tolerate unethical behavior from anyone in county government," board Chairwoman Kristine Moore said. "We owe it to our community."

If enacted, it would be the first of its kind at the county level in Texas, Rodríguez said.

"I think that's outstanding," Commissioner Veronica Escobar said.

"I'm very proud of our board of ethics because what they are trying to do is put some teeth into the code, and with the most recent guilty pleas (in the FBI's public corruption investigation) it seems like now more than ever the community needs to know that there are consequences to making decisions about the community that are based on who you sold your vote to," she said.

If the proposal is approved in its current form, the ethics board would become an ethics commission, its members either elected by the public or appointed by the court and the commission.

The legislation would validate the existing code and allow the commission to assess penalties for violations, the county attorney's office said.

People making complaints about ethics violations would receive whistle-blower protection from retaliation.

The proposed fines are up to $4,000 for code violations or filing frivolous complaints; up to $500 for delays in providing information to the commission; and up to $4,000 and up to three months in county jail for the unauthorized destruction or release of confidential information.

The commission could also issue cease-and-desist orders, orders to comply with the code, and orders of public censure with or without penalty.

Its decisions could then be appealed to district court.

Rodríguez said the climate is right nationally and locally for such legislation.

"It is a time when I think there is much more heightened awareness on the part of the general public about unethical conduct, conflicts of interest or corrupt behavior, and I in my own mind find it very difficult to believe anyone would be opposed to allowing a county, if they want to do it in their jurisdiction ... the authority to regulate ethical conduct," he said. "It makes a lot of sense in today's world to have these kinds of provisions in place."

He said that if the legislation is successful, El Paso probably will become a model for other counties in the state.

Rodríguez said the county is asking the Legislature to approve the bill only for El Paso County, but would expect that other counties may want to follow suit.

Other counties that want similar ethics commissions would create their own codes of ethics, including penalties for violations.