Message for a new era in political ethics

With 2009 rushing toward its conclusion as one of the most embarrassing years in the storied annals of Illinois political corruption, the state's Executive Ethics Commission issued a decision in a case that would be relatively minor but for the fact of who it involved and what it represented.

The ruling came in the case of three employees of then-Gov. Rod Blagojevich's communication staff who wrote a memo under the governor's signature in February 2007 praising the nascent presidential campaign of fellow Illinoisan Barack Obama. The ethics commission, responding to a complaint filed in September 2008 - before Obama's election and the ethics allegations that led to federal charges against Blagojevich and his eventual ouster - ruled that the memo actually constituted "political activities" and, since it was created on state time and state-owned computers, it represented a violation of state law.

The release itself - which the three employees testified the governor never saw or discussed with them - was cloaked in the guise of a statement of pride for the hopes of a state's favorite son, but with a particularly Blagojevichian flourish, it added "Senator Obama supports the very best of these Democratic values; they are values that he and I share, values I know he will fight for."

Phrases like that, the ethics commission said - as well as others stating Blagojevich was "excited and proud to support Senator Obama in his bid for the presidency" - cannot be read in any other way than as a statement of political support.

"The prohibition of political activity would mean nothing if a State employee could use State time and equipment to support a political candidate as long as he or she made clear that the support was based on the candidate's priorities or policies," the commission wrote. "Indeed, a fundamental aspect of campaigning is to attempt to convince the electorate that they should support the candidate because of his or her policies or priorities."

In short, the commission emphasized that mere parsing of language cannot skirt the intent of the law in Illinois. That ruling, while important, would not be quite so significant if it weren't also coming on the cusp of what could and should be a new era in ethics in Illinois government.

Pressured by the media and the public following Blagojevich's indictment and ouster, Illinois lawmakers adopted a strict new series of standards managing political behavior, standards that, somewhat ironically in light of the ethics commission's decision, still contain a gaping loophole permitting political party leaders to make campaign donation decisions that would be forbidden by anyone else.

The ethics commission decision comes at a good time to remind us, one, that that loophole must still be closed and, two, that it's just plain time to put 2009 behind us. It's time now to look ahead to a new era in ethics in state government - and to an expectation that lawmakers will adhere not just by the always parsable letters of the law but by its inherent and unbending spirit.