The Appearance of Official Impropriety and the Concept of Political Crime  

Oleh:

Stark, Andrew

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Ethics: An International Journal of Social Political and Legal Philosophy vol. 105 no. 2 (Jan. 1995), page 326-351.
Topik: The Appearance of Official; Impropriety; the Concept of Political Crime

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Perpustakaan Pusat (Semanggi) Nomor Panggil: EE44.1 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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In Wild v. U.S. Court of Appeals upheld the dismissal of Lawrence A. Wild, a Chicago employee of the U.S. Departement of Housing and Urban Development (HUD), on the grounds that Wild had violated the department's code prohibiting appearances of official impropriety. Wild's offense was allow private rental units he owned, in the words of the court, " to deteriorate so badly that it did not escape newspaper comment. "In his defense, Wild had argued that as a matter of fact, the newspaper's impressions were inaccurate: he had either demolished or rehabilitated the vast majority of the units in question, and had plans to do the same with the remainder. And in any case, Wild urged , as a normative proposition the appearance standard is "so vague as to fail to provide adequate notice" as to what kind of "off-duty conduct places [an official's] job on the line-indeed, the point and effect of the appearance standard, as the court itself had acknowledged, is "to make conduct that is not necessarily forbidden by any express regulation a ground for separation. " In writing for the court, however, Judge Richard Posner held that under the appearance standard is "so vague as to fail to provide adequate notice" as to what kind off dutyconduct places [an official's] job on the line-indeed, the point and effect of the appearance standard, as the court itself had acknowledged, is "to make conduct that is not necessarily forbidden by any express regulation a ground for separation." In writing for court, however, Judge Richard Posner held that under the appearance standard, "the question is not whether the employee had [in fact] engaged in the alleged misconduct," but whether he could be perceived as having done so. Judge Posner also held that the appearance norm itself, despite its necessarily "sloppy use of the English languange [nevertheless] adequately its concern that an employee not conduct himself in a way likely to bring public oboquy on HUD"-and that in this case, the irony of a professional employee of HUD" moon lighting as a "slumlord" could "reasonably have been construed, "by Wild, "to reduce public confidence in... the Departement.

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