Wind Companies in New York Subject to Attorney Generals Code of Conduct.
Ethical Standards Should be Adapted to Become Part of Sardinia Ethics Law.
By Jay Burney
Making big decisions in small towns is a complicated and often difficult challenge. Residents, businesses, taxpayers, and government officials are constantly faced with a wide array of arguments, opportunities, choices, and deadlines.
Often, small communities and local officials are asked by businesses to make decisions that will determine whether or not those companies can conduct business in the community. These decisions seeking benefits from the community are often big, and can involve zoning variances, tax relief, and infrastructure impacts and investments. The decisions that are made often come with huge consequences, both to the company and to the communities from which they seek benefits. Companies involved in communications, energy, mining, property development, and other industrys often come knocking on small town doors. Currently in Sardinia, a huge multi-national landfill company and a mining business need government approvals to conduct business.
Because of a variety of pressures on public officials, sometimes it is hard to insure the right measures of community benefit.
New York State Attorney General Issues Ethics Guidelines
One of the more dramatic and well publicized stories of business/community dealings with small towns in New York State during the past decade involves wind energy companies such as Nobel Energy and First Wind. Some of these wind companies have been accused of exerting pressures on Town Officials to make decisions that lack public scrutiny, avoid accountability, and at the very least cross ethical boundaries. According to a report by the Attorney Generals Office some of these companies have not been “acting properly, or within the law” in their dealings with small communities. Sardinia is not immune.
Last fall, in order to address the issue, the Attorney Generals Office released a “Code of Conduct” designed to help small communities deal with wind companies. This Code includes a written series of provisions covering such issues as Conflicts of Interest, Public Disclosure Rules, Education and Training Provisions, and Compliance. Part of the Compliance aspect involves the formation of a State-wide Task Force designed to monitor and report about Wind Companies and their relationships with communities.
To their credit, both Nobel Wind and First Wind signed onto the Attorney Generals Code of Conduct. No one else has.
Attorney General's Code of Conduct for Wind Farm Development
This code is an “ethical” guideline for communities and businesses. It outlines areas of potential conflict and offers solutions promoting transparent decision making.
It advocates ethical strategies, actions, and behavior. It promotes best practices through actual conduct and detailed education. This educational componant is designed for the public, public officials, and private companies.
According to a press release accompanying the announcement of the Ethics Code:
“-The Wind Industry Ethics Code is a result of the Attorney General’s investigation into, among other things, whether companies developing wind farms improperly sought land-use agreements with citizens and public officials, and whether improper benefits were given to public officials to influence their official actions relating to wind farm development.
-The Attorney General's Wind Industry Ethics Code prohibits conflicts of interest between municipal officials and wind companies and establishes vast new public disclosure requirements.”
Attorney General’s “Code of Conduct for Wind Companies” Can Be Adapted to Address a Wide Range of Business and Community Relationships.
Most communities in NYS face the kinds of pressures and ethical questions that are addressed in this remarkable document. Small towns, like Sardinia, often lack financial and expert resources that would help the community to make the best decisions possible. Who knew that until this document was released, there were no ethical guidelines or standards for communities and businesses? It is time to make these guidelines into law.
Examples from the Attorney Generals “Code of Conduct”
-Under "Conflicts of Interest-Prohibited":
“The Wind Company shall not directly or indirectly offer to, or confer on, a Municipal Officer, his or her Relative, or any third party on behalf of such Municipal Officer, any benefit under circumstances in which it could reasonably be inferred that the benefit would induce such Municipal Officer to commit an official act, or to refrain from performing an 0fficial duty in connection with Wind Farm Development unless such Municipal Officer recuse him or herself from any official duties in connection with Wind Farm Development.”
-Under: "No Gifts":
“The Wind Company shall not give any Municipal Officer, his or her Relative, or any third party on behalf of Such Municipal Officer, any gift of gifts totally more than ten dollars ($10.00) in the aggregate during a one-year period.”
-Under :Public Disclosure":
“1. The Wind Company shall publically disclose the full names of any Municipal Officer or his or her Relative who has a financial interest in any property Identified for Wind Farm Development, and the nature and scope of the financial interest in the following manner:
a. Submit the information in writing for the public inspection to the Clerk of such Municipality
b. Publish the information in newspaper having a general circulation in such Municipality
c. Display the information on a website hosted by the Wind Company
-Submit the information it writing to the Task Force and the Office of the Attorney General”
Let’s Make an Better Ethics Law in Sardinia
The Town of Sardinia's Ethics Law was reinvigorated last year by the Town Board after a plea by Supervisor Balus to bring town ethics back on the radar screen. We can do more.
It is no secret that in America big business with huge legal and financial resources target small communities. Doing business in small communities can be very cost effective for the companies because strategies are often employed that avoid transparency and prevent scrutiny by the public. Often, transparency does not favor companies seeking public benefit. Sadly many of our community’s best interests are not always at the top of the priority list. That is why the Attorney General’s Office addressed the problems that it has identified between some Wind Companies and some communities.
Sardinia, its residents, and its public officials are not immune from these complex and often difficult situations. In recent decades big businesses such as Waste Management, Inc. which operates the Chaffee Landfill, one of the largest landfills in the Northeast, and Gernatt Asphalt Products, Inc. have sought important decisions including zoning changes with the Town of Sardinia. Many residents and taxpayers have complained that the processes that have led to controversial decisions with these companies have not exactly been transparent or subject to public scrutiny. These and other companies including property developers, lumber, telecommunications, and energy companies will continue to come to our Town seeking benefits through such things as zoning changes and building permits.
The Sardinia Standard suggests that the Town of Sardinia review the NYS Attorney General’s Office “Code of Conduct for Wind Companies” and adapt the code to represent an overall ethics law for the Town.
For a More Detailed Look:
http://www.oag.state.ny.us/media_center/2008/oct/Code%20Signed%20by%20First%20Wind%20and%20AG.pdf
Sardinia, its residents, and its public officials are not immune from these complex and often difficult situations. In recent decades big businesses such as Waste Management, Inc. which operates the Chaffee Landfill, one of the largest landfills in the Northeast, and Gernatt Asphalt Products, Inc. have sought important decisions including zoning changes with the Town of Sardinia. Many residents and taxpayers have complained that the processes that have led to controversial decisions with these companies have not exactly been transparent or subject to public scrutiny. These and other companies including property developers, lumber, telecommunications, and energy companies will continue to come to our Town seeking benefits through such things as zoning changes and building permits.
The Sardinia Standard suggests that the Town of Sardinia review the NYS Attorney General’s Office “Code of Conduct for Wind Companies” and adapt the code to represent an overall ethics law for the Town.
For a More Detailed Look:
http://www.oag.state.ny.us/media_center/2008/oct/Code%20Signed%20by%20First%20Wind%20and%20AG.pdf
