Herbert says he will oppose citizens ethics initiative
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Gov. Gary Herbert said Thursday that he will oppose a proposed citizens ethics initiative because he believes it overreaches and raises constitutional issues.

"Although I support the goals of ethics reform," Herbert said, " I think this initiative petition, despite the passion and zeal of the sponsors, has got flaws in it."

The governor said during his monthly KUED news conference that he has asked an independent group of attorneys -- both inside and outside his office -- to review the ethics initiative and read the petition himself, and they came up with a list of problems with the proposed changes.

Kim Burningham -- a former legislator, current member of the state Board of Education, and leading backer of the initiative -- said he tried to arrange a meeting with the governor to discuss the ethics push, but never was able to meet with Herbert. The governor previously had said he would listen to both sides before taking a position.

"Naturally, we'd like the governor to speak in favor of it," Burningham said. "However, I understand his sympathies were that way and I think I understand he is under considerable influence by special interests ... and special interests are very concerned about the initiative, so I'm not surprised he has these kinds of concerns."

Supporters of the ethics reform initiative are in the process of gathering 95,000 signatures around the state to put the measure on next year's ballot.

Herbert said he fears the proposed ethics changes would turn the burden of proof on its head, requiring accused lawmakers to prove their innocence, instead of the accusers proving their guilt.

"The petition itself, if it becomes law, would present some significant issues for the state," Herbert said.

The governor said he would like to see the Legislature enact "some meaningful ethics reform next session."

"I think ethics are like motherhood and apple pie and we'd like to have ethics," he said.

Lawmakers unveiled a plan on Wednesday that would create an ethics commission consisting of two retired legislators and three retired judges appointed by legislative leadership.

The commission would screen ethics complaints against members and, if there was merit, forward the complaint and recommendations to an ethics committee consisting of legislators that would suggest a reprimand for the member.

Flaws » The governor feels it raises constitutional issues and turns the burden of proof on its head.
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