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Advisory Opinions

Conflicts of Interest January 18, 2016

Efforts to Influence Through the News Media as Lobbying

One of the news media's biggest problems is failing to look at the big picture and, instead, focusing on specific events and issues. This is especially true when it comes to government ethics, where the news media generally considers, and calls for, ethics reforms on a piecemeal basis. An article o…
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Conflicts of Interest January 11, 2016

Gifts of Sexual Relations

When gifts from lobbyists to government officials are discussed, what they consist of is usually money (including campaign contributions), meals, trips, and services. A pending Missouri House bill  (2059; attached, see below) seeks to extend the definition of reportable "gift" from lobbyists in thi…
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August 27, 2015

Summer Reading: Eula Biss's "On Immunity"

Eula Biss's excellent book On Immunity (Graywolf Press, 2014) is not about legislative immunity, but about immunity to diseases. And yet there is a great deal of food for thought in it about municipal ethics. The first parallel can be seen in the "mun" in both "immunity" and "municipal." It comes f…
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Conflicts of Interest April 13, 2015

Two from Chicago

Mixing Election Oversight and Professional Contracts According to an Illinois Business Times article on April 5, the Chicago Board of Election Commissioners is chaired by an attorney whose law firm has received presumably no-bid contracts to lobby for city agencies, that is, contracts from the admi…
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Resources & Learning April 6, 2015

Spring Reading: "Self-Deception" by Herbert Fingarette

I just read a classic work of philosophical psychology, Self-Deception (Routledge & Kegan Paul, 1969), wherein Herbert Fingarette takes an interesting approach to a phenomenon common to politics, but which seems paradoxical and, therefore, difficult to understand. How can someone effectively lie to…
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Ethics Commissions & Administration March 25, 2015

Dating and Minimum Requirements

An example I often use for why government ethics laws are only minimum requirements is that these laws cannot include friendships or romantic relationships, because these are impossible to define with any precision. When a relationship is not included because it is undefinable, this does not mean t…
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Conflicts of Interest March 15, 2015

Recent CA Advisory Opinions re Proximity to Properties Involved in Land Use Matters

the subsection of my book Local Government Ethics Programs on proximity (in the Indefinite Benefits section), I oppose numbers such as 500 feet. My argument is that "what is important here is not the actual concrete benefit or harm, but rather how the official’s presumed expectation of benefit or h…
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December 30, 2014

An End-of-Year Miscellany

Call for a State Municipal Lobbying Code It may be a big holiday week and the end of the year, but there has still been some news on the government ethics front. The Boston Globe has called for the state to institute disclosure requirements for local lobbying. According to the editorial, the only r…
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Ethics Codes & Reform October 22, 2014

Applying the Broken Windows Theory to Local Government Ethics

Does the "broken windows" theory, as first stated in a 1982 Atlantic essay by George L. Kelling and James Q. Wilson, apply to government ethics? The theory says that, if small things like broken windows are ignored, people will think that no one cares and, therefore, they will break more windows an…
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Conflicts of Interest July 2, 2014

Can an Assistant County Attorney Sit on the Council of a City in the County?

According to an article last week in the Washington Post, the Fairfax County (VA) Attorney fired one of his office's assistant attorneys because she was elected to the council of a city within the county, even though he and his deputy who deals with personnel matters had given her permission to run…
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