making local government more ethical

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Robert Wechsler
You know you're in trouble when a grand jury foreman says about you, "They need an independent organization to be an oversight ..., not just the grand jury doing it once every few years."

Of course, the "they" here are local government agencies:  five community college districts in San Diego County, whose boards of trustees are elected.

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Robert Wechsler
Talk about the appearance of impropriety is, as Congressman Charles B. Rangel of New York is quoted in a recent New York Times article as saying, “annoying.” Why should there be anything more than a decision of his peerless peers on the House Ethics Committee, guilty or not guilty? Appearances of propriety are not for someone of Rep. Rangel’s ilk.

A determination in his favor by...
Robert Wechsler
In ethics codes, campaign contributions are sacrosanct. Nearly every ethics code excepts them from the definition of "gift," "personal benefit," "anything of value," or whatever they call money and goods given to government officials and employees. Limiting campaign contributions is a matter for campaign finance laws, because there is no conflict of interest involved.

Or is there? It is a conflict of interest to accept (and, not often enough, to give) money when there is an...
Robert Wechsler

I recently reported that the Oklahoma Ethics Commission was considering suing the legislature for more funds, on the ground that the state constitution requires adequate funding for the EC, and the legislature had, among other limits, permitted it to have only one investigator.

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Robert Wechsler
One goal of campaign finance reform is to end the appearance and reality of corruption that comes with large campaign contributions. This appearance is attached especially to large contributions from those doing business with the city or trying to change its laws -- contractors, lobbyists, and unions. This appearance is most serious when the position has fiduciary obligations and is supposed to be independent rather than representative, such as the New York City Comptroller.

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Robert Wechsler
One of the interesting things about the attorney-client privilege in a government setting is that the privilege -- which is, of course, the client's, not the lawyer's -- is held by the office, not by the individual holding the office at the time of the communication. This is a major reason why the attorney-client privilege is different in a government context:  whenever a government official tells something to a government attorney, the official knows that his or her successor might waive the...

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