According to an article in the Orlando Sentinel last week, the Florida Commission on Ethics found probable cause that the Osceola County Clerk of the Court "[used] his position to intimidate [his office's] employees in order to enhance his personal and political power." This raises the issue of whether intimidation can be considered an ethics violation.

Last September, I wrote a blog post about the attempt by District of Columbia council members to block a subpoena by employing a legislative immunity defense. The case involves retaliation against a whistleblower who had alleged improper council input in the awarding of a lottery contract.

On Monday, the federal district court for the District of Columbia decided that the council members (one of whom is now mayor) are required to testify about matters relating only to retaliation. However, the basis for this decision was solely that "efforts to exhort" the executive branch do not fit under the D.C. legislative immunity law's definition of "legislative duties."

Did you know that the District of Columbia has its own Speech or Debate Clause? I learned this from reading the Motion for a Protective Order on Behalf of Mayor Vincent C. Gray filed on Thursday in the case of Payne v. District of Columbia. Gray, a former council president, is seeking to be protected from testifying in a case involving alleged retaliation against a whistleblower. A principal argument for protection is based on an unusual form of legislative immunity, based on a local ordinance rather than on a constitutional provision or common-law immunity.

This is the second of two posts looking at Kathryn Schulz's excellent book, Being Wrong: Adventures in the Margin of Error (2010), as it applies to local government ethics. This post focuses on how to deal responsibly with one's mistakes, and to the extent possible prevent them.

Update: September 17, 2011 (see below)

An article in yesterday's Stamford Advocate keeps asking the question, Who should pay? The article is referring to attorney's fees related to an ethics proceeding. Most ethics codes do not deal with this issue, and therefore it often turns into a big political controversy after the fact, leaving a bad taste in citizens' mouths, especially if they are forced to foot the bill.

For this reason, it should be clear from the start who pays, under what circumstances, and how much.

Wow! Get a Load of Those Salaries!
It's official. People get more upset over big salaries to government officials than over bribes, kickbacks, unbid contracts, and the like, which cost taxpayers far, far more.