Recently the Windham Town Council chairman let me know that I should let ethics matters be decided by the Ethics Board. A reasonable person would agree that a board with the purpose of maintaining integrity and created to address concerns relevant to virtue is the appropriate place to examine the conduct of elected and appointed officials. Taking this advice, I went home with my tail between my legs-not really-and looked into this Ethics Board and the certain beam of light it must cast onto bureaucratic wrongdoers. Did I find Lady Justice or even Judge Judy? Nope, I found a board that had been vacant for some time and sections of the “Windham Municipal Code of Ethics” that for all purposes are totally ineffectual. Someone might want to inform the council chairman.

The topic of this week’s column is not to question the current council’s ethical framework, rather to champion the need to revive this much-needed board in the interest of restoring public trust lost over time.

In speaking with past Ethics Committee members (a committee charged with writing the “Windham Municipal Code of Ethics” that preceded the Ethics Board), I acquired an understanding that the code was drafted in the spirit of government transparency, encouraging honorable behavior, and filling the need for a process that residents could have faith in. There was a deep-rooted belief that their actions would make Windham a better place.

So why does the Ethics Board sit vacant? A decrease in momentum, lack of anything to do, and the procedure for seeking advice from the board can be equated to a “fox guarding the hen house” scenario. This procedure has resulted in only a handful of possible violations being referred to the board, almost all of which were dismissed based on criteria for moving a complaint forward being difficult to achieve.

The committee that authored the code back in the early 1990s came out of its adoption with gusto. After all, the policies set forth were going to make Windham a choice community and the low volume of requests for advisory opinions from Windham’s executive boards must have been an indication that the polices were working. All that was left for the newly formed board to do was maintain a presence through providing an annual orientation for executive board members and present an annual report outlining its doings. Neither of which happened with much consistency over the past 20 years.

So what about investigations into ethics violations? For Ethics Board fact-finding to occur, it must be initiated by a town official through a statement describing the matter to the chairperson of the appropriate board and council chair. From there, if the executive board feels that an advisory opinion is necessary, it shall by majority or tie vote send the matter to the Ethics Board. This procedure was set up to remove political influence from the process. My feeling is that the procedure invites political influence as the Ethics Board cannot act independently initiating its own inquiries. A block of individuals serving on an executive board or council with similar policy goals and political ties can in effect impede credible matters from referral or outright ignore them. Further, the council appoints the Ethics Board and in doing so, can choose individuals of a similar mindset, or stall appointments through inaction. How politically convenient is that? Given this procedure and lack of work it has created for the Ethics Board, it’s no surprise that it has been difficult to find or retain members.

My fear is that the “Windham Municipal Code of Ethics” and defunct Ethics Board have given residents a false belief that there is a board and usable procedure in place to deal with less-than-honorable executive board behavior. The Ethics Board should be viewed as a usable tool rather than a nuclear deterrent.

So what’s the answer? Creating a resident-elected Ethics Board that can initiate review and fact finding. As Thomas Jefferson said, “The government you elect is government you deserve.” Of course, this would require some radical changes, any of which are not likely to be taken on by the council.

Patrick Corey lives in Windham. Visit his blog at patrickcorey.com to ask questions and leave comments.