American Papers Publish Bribery Records of Government Officials

Published in Nanfang Daily
(China) on 15 February 2010
by Xu Ben (link to originallink to original)
Translated from by Michelle Deeter. Edited by Katy Burtner.
According to the California Public Records Act, the media has the right to obtain detailed information about the salaries and additional incomes of officials. Recently, an Associated Press reporter investigated these materials and discovered that many California officials receive perks and freebies.

The reporter brought this information into the open. The investigation revealed that 24 of the 80 California House of Representatives members and 14 of 40 senators — 38 officials in total — received gifts from lobbyists outside of the government and failed to report them. These gifts included meals, concert tickets, sporting event tickets and other gifts. For example, House of Representatives member Tom Torlakson received basketball tickets and refreshments from the AT&T telephone company totaling to $120.99. Sen. Dave Cox received game tickets for college league matches from a life insurance company valued at $390. Sen. George Runner accepted hotel services costing $151.51. Sen. Patricia Wiggins enjoyed a meal paid for by Bank of America, with expenses of $110.95. Sen. Fiona Ma was invited to dinner three times, with expenses of $94.96, $110.95 and $52.60, respectively.

Even though these perks are small, it is still important to report them; even small perks are against the law. According to California law, when government officials accept gifts from lobbyists, both the receiver and the giver have to report the expenses and the two reports have to match. Gifts are within the law, but not reporting gifts is against the law. Most California representatives and senators have a salary of $95,143. Besides this salary, officials are allowed to have an additional income of up to $30,000, which can include any kind of entertainment or gift.

In America, both officials and workers in other occupations have to abide by business ethics. Furthermore, the most basic ethical point is to be honest about money obtained and material benefits. Not reporting gifts is not honest. The law states that not reporting gifts incurs a fine of $5,000 for every violation.

In December 2009, California inspectors of the Fair Political Practice Commission, whose job it is to monitor the behavior of officials, did an inspection of gifts and sent notification letters to officials suspected of violating the law. About one-third of the representatives and senators received notification letters, as well as 15 legislative staff members. The Fair Political Practice Commission is responsible for making effective and feasible inspections of the personal integrity of officials so that the law does not become meaningless. Roman Porter, executive director of the commission, has already announced to the media, “I can confirm that we have opened investigations into possible failure to report gifts.”

The current investigation will focus on two types of people: influential committee leaders and representatives who will run for a second term in 2010. These two types of people control the workings of Congress and they have the ability to affect the honesty, equity and decisiveness of Congress. Because of this, their behavior should receive special oversight from the public. The more powerful an official is, the more the official needs to be strictly supervised. This is a principle of American democracy.

Some representatives have already admitted to their mistakes and have told the Fair Political Practice Committee that they want to submit revised reports. Their attitude seems sincere. For example, House of Representatives member Mike Villines said, “We didn’t file it. It was our mistake ... There's no excuse for not doing the paperwork.” He admitted to receiving sports tickets, a parking pass and refreshments totaling $250 from a telephone company, as well as a $124 dinner. But some members have different opinions of the investigation. Currently, the investigation is still in the process of auditing. It will finish after the reliability of all the materials are checked and then the results will be announced to the public.

In America, there are many people who are engaged in lobbying. Lobbying is the way interest groups promote their interests. It is a legal activity where public relations groups can influence government policy decisions. The interest groups target the members in Congress that can develop legislation and determine policy. Even though lobbying is a legal activity, it has a bad reputation. At one time in history, the entire legislative structure of a state was run by bribery.

Today, America has legislation concerning lobbying, including controls, supervision and corruption avoidance policies that can cover every case of an official being bribed. But as long as there are places affected by monetary benefits, there will certainly be a gray area. There will certainly be a loophole, of which one could take advantage. In America, very few officials will frankly accept bribes, but perks and freebies are quite common. Everyone knows that perks and freebies are not totally unrelated to special benefits; it’s just that it is often hard to obtain evidence. For example, Chairman of the House of Representatives Karen Bass received gifts from the Pechanga Indian tribe but did not report them. In 2008, the Pechanga tribe, along with three other tribes, received permission to expand their casinos by adding 17,000 slot machines. In this current report of officials accepting bribery, Bass has been highlighted in particular. When officials get benefits, they are “legal bribery,” but if they truly become special benefits, then they become punishable “illegal bribery.”


根据加州的“公共记录法案”(California Public Records Act),媒体有权取得关于官员个人工资和其他收入的真实、详细资料。不久前,合众国际社记者在调查这些资料时发现,加州官员中有许多“捞外快”(perks)和“揩油”(白拿,freebies)的行为,因此在报纸上曝了光。

  调查发现,加州80名众议员中有24名,40名参议员中有14名,共38名议员没有申报从院外游说者那里得到的好处。这些好处包括被请客吃饭、听音乐会、看球赛,等等。例如,众议员TomTorlakson接受了AT&T电话公司送的篮球赛票和小吃招待,金额为120.99美元。参议员 DaveCox从一家人寿保险公司那里接受了大学联赛的球票,价值390美元。参议员George Runner接受一家酒店的招待,金额为151.51美元。参议员Patricia Wiggins由美国银行请吃饭,花销110.95美元。众议员Fiona Ma被请客吃饭三次,金额分别是94.96、110.95和52.60美元。

  这些外快数额虽小,但不如实申报,却已违法。按照加州法律规定,政府官员接受院外游说招待,招待和受招待的都必须如实申报花销金额,二者的数字必须吻合一致,招待是合法的,但不如实申报则是违法的。加州一般的众、参议员的年薪为95143美元,在这之外,可以有30000美元的额外收入,包括“公事应酬”所得的种种款待和好处。

  在美国,官员和别的职业工作者一样,也要讲职业道德,而其中最基本的一条就是诚实,得到了金钱、物质好处,却不如实申报,那就是不诚实。法律规定,对不申报行为的处罚是每次违反罚款5000美元。

  2009年12月,加州监察官员行为的“公正政治行为委员会”(FairPolitical Practice Commission)对院外游说者的送礼作了一次稽查,向有违规嫌疑的官员寄去了通知书。收到通知书的大约有1/3的众、参议员和15名他们的工作人员。“公正行为委员会”有责任对官员的操守作有效、切实的监督,不让规定成为一纸空文。该委员会的执行主席RomanPorter已经郑重地对媒体宣布, “对不申报的行为,我们已经开始调查。”

  这次调查会特别注意两类人物,一类是在议会中有影响力的委员会领袖,另一类是2010年要竞选连任的议员。这两类人物掌控着议会的运作,对议会是否能清廉、公正具有决定性的影响。正因为如此,他们的行为理应受到公众和公共监督机构的特别注意。越有权力的官员,越需要严格监督,这是美国民主政治的原则。

  有的议员已经承认错误,表示要向“公正政治行为委员会”提交修正申报,态度还算诚恳。例如众议员Mike Villines表示:“没有申报,错在我们。我们有申报的责任,什么借口都是白说。”他还承认,自己曾接受过电话公司提供的球票、泊车费和饭钱共计 250美元,还有一次124美元的请客吃饭。但也有议员对调查提出不同看法。目前调查正在稽核(audit)阶段,调查的正式结果要在核实了各方的确实材料后才会最后确定,并向公众公布。

  在美国,有许多从事“院外活动”的人士,“院外活动”是利益集团通过游说、公关来影响政府政策决定的合法活动,对象是那些能够在议会中发挥立法、决策作用的人物。“院外活动”虽然是合法的,但名声却并不好,历史上发生过一个州整个立法机构被贿赂的事情。

  今天,美国对“院外活动”有各种具体的法规加以限制、监督,以避免腐蚀、贿赂官员的事情发生。但是,只要有沾到金钱利益的地方,就一定会有灰色地带,一定会有空子可钻。在美国,很少有官员敢明目张胆地受贿,但“捞外快”和“揩油”的事情却并不少见。谁都知道,“捞外快”和“揩油”不会完全与“利益输送”无关,只是经常抓不到确实证据而已。例如,这次被调查的众议员议长贝斯(Karan Bass)就受过Pechanga印第安部落的招待,而且没有申报。2008年,Pechanga部落和其他三个印第安部落被允许在他们的赌场中增加 1.7万个“老虎机”。在这次公布官员受贿劣迹的报道中,贝斯被特别点了名。当官的有好处是“合法受贿”,但如果被证实有利益输送,那就会成为必须加以惩处的“非法受贿”。
This post appeared on the front page as a direct link to the original article with the above link .

Hot this week

Austria: Donald Is Disappointed in Vladimir

Taiwan: Trump’s Talk of Legality Is a Joke

Guatemala: Fanaticism and Intolerance

Germany: Donald Trump’s Failure

Austria: The US Courts Are the Last Bastion of Resistance

       

Topics

Turkey: Blood and Fury: Killing of Charlie Kirk, Escalating US Political Violence

Thailand: Brazil and the US: Same Crime, Different Fate

Singapore: The Assassination of Charlie Kirk Leaves America at a Turning Point

Germany: When Push Comes to Shove, Europe Stands Alone*

Guatemala: Fanaticism and Intolerance

Venezuela: China: Authoritarianism Unites, Democracy Divides

Israel: Antisemitism and Anti-Israel Bias: Congress Opens Investigation into Wikipedia

Spain: Trump, Xi and the Art of Immortality

Related Articles

Germany: It’s Not Europe’s Fault

Spain: State Capitalism in the US

Thailand: Appeasing China Won’t Help Counter Trump

India: Will New US Envoy Help to Repair Ties under Threat?

France: Global South: Trump Is Playing into China’s Hands