Jackson County ethics panel has broad powers

In 1970, the Jackson County Charter was adopted by the voters. We were the second county under the Missouri Constitution to adopt a home-rule charter, and since its initial adoption, we have only amended it twice – in 1985 and then in 1986.

Reformers calling for “good government” promoted home rules as a remedy to hold public officials accountable and eliminate corrupt and inefficient politics. Furthermore, state courts have been called upon in the past to interpret home-rule charters. They often fall back on Dillon’s Rule, which takes a narrow view of local authority.

The home-rule concept is based on the practice of self-government by localities. It allows for local communities to draft their own charter that acts as a kind of constitution for that governing entity. This gives local governments the ability to prevent state government intervention in its operations. However, the extent of this power has prescribed limitations set forth by state constitutions and statutes. 

Up until the 19th century, most towns and counties in America still followed the English tradition of local self-government through the establishment of municipal corporations empowered to provide public services and regulate local issues. Due to immigration and industrial development, urban sprawl grew and these municipal corporations found it harder to deliver services to such as fire and police protection to the growing area. Also, corruption had become more common. At that time, state legislatures were still dominated by rural and agricultural presence, therefore, unresponsive so boss-run political machines would often enter the void in many big cities.

This explains why Article 12, Section 5, of the Jackson County Charter sets forth the structure and purpose of a County Ethics Commission. Its role is to receive and investigate complaints filed by individuals or of their own accord that raise questions about the behavior of county employees and elected officials. In order to carry out their functions, the commission can request services and information from other departments or employees. If necessary and reasonable, it may also hire independent counsel or staff, to conduct the investigation.

If probable cause indicates that a violation’s occurred, then the commission may recommend appropriate action by state or county officials, agencies and appointing authorities. The section is far more detailed then this.

The Ethics Commission is part of our county charter. In order to change any portion of our charter, it must come before the voters. The commission’s ability to thoroughly investigate a complaint is well within its power and is outlined in our home rule.

Works citied: Jackson County Constitutional Home Rule Charter; and “Home Rule in America: A Fifty-State Handbook,” Dale Krane, Platon N. Rigos, and Melvin B. Hill Jr., Washington, D.C., CQ Press, 2001.