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Ethics commissions appointed by local legislative bodies, mayors, or county executives are often referred to as "independent commissions." I don't believe that these commissions should be considered "independent," because those who select the EC members are under the members' jurisdiction and, in fact, are the people most likely to come before them. These EC members are perceived as biased toward their appointing party, which is far from "independence."

According to an article in Capital New York yesterday, the independence of a citizen commission selected by party leaders in the state legislature is the subject of a judicial decision yesterday (the decision is attached; see below). The case involves a referendum that would take redistricting out of the hands of the majority party in the state legislature and hand it to an "independent" commission selected by state legislative leaders from both major parties.

According to an article Sunday on the Voice of OC website, the Orange County, CA legislative body has drafted a response to the second grand jury report in a year, which recommended the creation of a county ethics program "to monitor and enforce campaign finance and reporting and lobbyist reporting laws as well as other ethics laws and policies." The county board of supervisors wants to turn campaign finance enforcement over to the state ethics commission, and leave it at that.

The board's draft response asserts, “The effectiveness of the ‘ethics bodies’ is a matter of opinion and difficult to determine. The Grand Jury’s report did not provide any metrics or analysis to explain how ‘effectiveness’ of an ethics body is defined nor did they provide any evidence or examples of said effectiveness.”

In an article in the New York Times this Monday, the Robeson County (NC) district attorney described his predecessor's bullying ways, which are typical of those of an individual who heads a local fiefdom:
“He is a bully, and that’s the way he ran this office. People were afraid of him. Lawyers were afraid of him. They were intimidated by his tactics."
In a an op-ed in the Daily Kos last Friday, Janos Marton — special counsel to New York state's recent Moreland Commission on state-level corruption — makes an excellent point about one of the problems involved in the criminal enforcement of government ethics :
Chicago's Legislative IG
The battle continues in Chicago over government ethics authority and funding. According to the cover letter to the legislative inspector general's semi-annual report dated August 22, 2014 (attached; see below), the IG's office has expended its 2014 budget and the city council is not willing to provide it with more funds. The council has also transferred campaign finance authority from the IG's office back to the ethics board, over the opposition of both the IG and the ethics board itself, which also lacks the resources to deal with the huge demands of campaign finance oversight, and believes that it is better to separate investigation from enforcement.

As the IG states in the letter, "Since the campaign finance reporting mechanism in itself is essentially based on an honor system which requires self-reporting, it is imperative that there are proactive reviews taking place on a consistent basis to ensure compliance." According to the IG, last year the ethics board was changed from an investigative body to an an adjudicative body, with the IG offices (there is also an executive IG) to take over its investigative responsibilities.

The IG powerfully describes the council's attitude toward ethics enforcement (council members are called "aldermen"):
Nepotism is a difficult topic to get a hold of. It is the most generally accepted kind of ethical misconduct, most governments do not keep records (or, at least, public records) of familial relationships, and nepotism provisions are rarely enforced. For all of these reasons, the news media do not give nepotism much coverage. So in many governments, especially those with poor ethics environments, nepotism is common.

Kudos go to David Wickert of the Atlanta Journal-Constitution for doing an investigative piece last weekend about nepotism in the metropolitan Atlanta area (Disclosure: I was interviewed for the article, and I am quoted in it).

Wickert writes, "In the last three years alone, five area city and county governments hired at least 770 relatives of current employees. Those hires took place as thousands of metro residents struggled to find work, raising questions about whether family ties trump good government."

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