Conflict of interest can taint any decision made by a building inspector.
Conflict of interest is a serious ethical problem when it touches any public official. But when a building inspector is involved, the conflict can potentially cheat homeowners who follow the rules and drive honest builders out of business. It can also lead to approval of unsafe or unsightly structures. Many local governments have ethics codes or laws intended to prevent such conflicts of interest.
Identification
A conflict of interest exists whenever an official has a personal stake in a public decision--when the official stands to benefit in some way, often financially, by taking one action instead of another. Even with the best of intentions, a building inspector with divided loyalties will find it difficult to act fairly or objectively. For example, your approvals could get delayed because the official is expediting inspections for other applicants to whom he owes favors. You could be charged with a building code violation while your neighbor--a cousin of the inspector--is allowed to get away with the same violation.
In the News
Conflicts of interest that begin with one building inspector can mushroom into citywide scandals. In 2009, for example, federal investigators nabbed dozens of Chicago officials who had conspired to corrupt the city's Building and Zoning Departments for more than a decade. They had falsified reports, altered records and helped dishonest developers get around city building codes in return for cash payoffs linked to the seriousness of different types of violations they had overlooked.
Prevention/Solution
At a minimum, officials are commonly expected to remove themselves from any decision-making role in a situation where they or their families have a business or personal interest. For instance, a building inspector should not be issuing certificates of occupancy for an apartment complex owned by a relative or approving construction plans submitted by a friend.
Warning
Money need not change hands to create a conflict of interest. But if it does, the conflict can expand into bribery, extortion or worse. For example, a building inspector offered kickbacks by a crooked builder could demand that homeowners hire that person in order to get their plans approved--or threaten other builders competing for work. Moreover, conflicts of interest encourage other forms of deceitful behavior. An inspector with a conflict may try to hide it or deceive colleagues about it, whether or not it actually influences a specific decision.
What to Do
If you suspect that your building inspector has a conflict of interest, document any questionable behavior and alert the city administrator or other officials who have oversight of the building department. Request a different inspector. If this is not an option--say, your town employs only one person in this job--ask for a review of your paperwork by another official. If your community doesn't have a clear, strict code of ethics for public employees, find others who will help you advocate for one.
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