National Responsibility Monitor publishes draft legislation to address
Southaven, Mississippi — The National Responsibility Monitor (NRM) today announced the release of a new legislative framework for states in the aftermath of the NRM's recent Level 3 finding concerning Senator Jim Alton’s conduct during his tenure as County Executive of Westmoreland County.
NRM emphasized that the Alton assessment identified no evidence of illegality, intent to benefit personally, or financial gain, but concluded that the convergence of discretionary authority, timing, and a post-decision family employment benefit created a preventable appearance-of-impropriety risk that undermined public confidence.
“That finding exposed a broader structural problem, not a personal one,” CEO Donna Lowenthal said. “Institutions remain vulnerable when ethical safeguards focus solely on legality and not on perception, proximity, and preventability.”
In response, the NRM has issued a new framework legislation titled the “Public Trust and Decision Integrity Act.” The legislation is designed to help state legislatures combat and hopefully stop responsibility-risk situations before they happen.
“None of these safeguards presume misconduct,” Lowenthal said. “They acknowledge a simple reality: public trust today is shaped less by what is legal and more by what appears fair.”
The NRM stressed that the framework is forward-looking and voluntary, and is not intended to retroactively judge individuals or institutions. Instead, it reflects the organization’s broader mission to translate lessons from high-profile cases into practical guardrails.
FULL DRAFT LEGISLATION:
[STATE] Public Trust and Post-Decision Integrity Act
Section 1. Short Title
This Act may be cited as the [STATE] Public Trust and Post-Decision Integrity Act.
Section 2. Definitions
For purposes of this Act:
“Covered official” means any elected state or local official, department head, agency director, or chief executive of a county or municipality.
“Immediate family member” means a spouse, domestic partner, child, sibling, parent, grandparent, or dependent household member.
“Material beneficiary” means any private entity that received a contract, a tax incentive or abatement, a permit approval, a regulatory waiver, or a discretionary economic development benefit in which the covered official exercised significant decision-making authority.
Section 3. Post-Decision Employment Disclosure
(a) A covered official shall file a disclosure with the State Ethics Commission if, within two (2) years after a discretionary government action, an immediate family member accepts employment, consulting, or compensation from a material beneficiary of that action.
(b) The disclosure shall include the identity of the employer, the nature of the position, the date employment began, and a statement as to whether the official had knowledge of the employment discussions prior to the hire
(c) Disclosure does not imply wrongdoing and shall not be, on its own, be construed as evidence of misconduct.
Section 4. Cooling-Off Safeguards for High-Discretion Actions
(a) When a covered official exercises primary discretionary authority over major economic development packages, exclusive contracting decisions, or regulatory waivers exceeding statutory minimums, the official shall certify, in writing, that they have advised immediate family members to avoid seeking employment with material beneficiaries for a period of twelve (12) months following final approval.
(b) Failure to provide certification constitutes a civil ethics violation but not a criminal offense.
Section 5. Appearance of Impropriety Standard
(a) The [STATE ETHICS COMISSION OR EQUIVALENT] is authorized to issue advisory findings when conduct creates a reasonable appearance of preferential treatment, even absent evidence of corruption.
(b) Such findings shall carry no criminal penalties, may be used for public reporting and transparency purposes, and shall explicitly state that no legal violation is implied
Section 6. Safe Harbor
No violation shall be found where the employment was publicly posted and competitively filled, and the official demonstrates they had no involvement or prior knowledge, and timely disclosure was made.
Section 7. Effective Date
This legislation shall apply to conduct occurring on or after the date that is 60 days after this legislation is signed into law by the Governor.