[atlarge-discuss] Revolving-door Ethics Ordinance

["Jkhan" <Jkhan@MetroMgr.com>]

Its time to invoke a 'revolving door' restriction on former Executive members , this include: former Panel members, persons elected to or placed on the DNSO, IDNO, NSO, ICANN, ITU, WTO, and WIPO.

In the United States there is the Governmental Ethics Ordinance: 18 U.S.C. § 207(d) [ http://www4.law.cornell.edu/uscode/18/207.html ] in which:

A One-Year "Cooling-Off" Period on Lobbying the Executive Branch. The restrictionsof 18 U.S.C. § 207(d) apply to "very senior" officials of the executive branch, including the Vice President, officials compensated at level I of the Executive Schedule (cabinet officers and certain other high-ranking officials), and employees of the Executive Office of the President compensated at level II of the Executive Schedule. These officials may not for one year after leaving the Government make representations or advocacy contacts on any matter before or to their former agencies or departments, or to any person in an Executive Level position I through V in any department or agency of the entire executive branch.

This Federal Regulation came about by problems posed by the "revolving door:" For example here are four areas Archibald Cox, a former U.S. Supreme Court Solicitor General identified:

1. The official, while still in office but thinking of work as a lobbyist, will be tempted to curry favor with prospective employers or clients. 
2. The ex-official will find it all too easy to use inside information not available to others for the benefit of his private employer or client. 

3. The ex-official will often be able to trade upon habits of deferring to his advice and wishes engendered during the days when he was senior to, or at least a more influential official than, those with whom he now deals in a different capacity. 

4. At best, The ex-official lobbyist comes as a friend, an insider, a "player" or "actor," in the current jargon. At a minimum, he gets a little different hearing or preferred access. That advantage alone may make the difference. No party to litigation or lawyer would be willing to have a judge hear only the evidence and argument of the other side, still less to have them heard alone in chambers. And, with the hearing, the risk of the influence of friendship, common political interests, and reciprocal back-scratching grows. 

The Current regulations call for a One year absences from participating in lobbying, however there are is motion to extend this to two (2) years. 

Its time to end the "bickering, back-biting, second and third-guessing" which has plagued us for so long. WE should invoke a 'Cooling-Off Period' rule to squelch out the practices of these former Executive members.

James Khan

re: [ http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2002/janqtr/5cfr2637.211.htm ]