making local government more ethical
When city and county contractors and their lobbyists don't follow the rules, it's difficult to catch them, because few cities have an oversight office that investigates on its own initiative. Without such a program, communities depend on federal and state criminal enforcers who focus on bribery and kickbacks.

It is the FBI and a federal grand jury that did the job in Dallas County which, unlike the city of Dallas, has no ethics program, just an aspirational code. In fact, it has two aspirational codes, only one of which is linked to on the county website; the one linked to is the National Association of Counties Code of Ethics (attached; see below); there is also a short ethics code in the county Code of Ordinances (Sec. 94-51). But there is no local ethics program.

According to a press release from the U.S. Attorney for the Northern District of Texas, a federal grand jury has returned a 109-page indictment charging a long-time Dallas County commissioner (Price), his chief of staff, a corporate lobbyist, (Nealy) and a corporate consultant (Campbell) with a conspiracy that involved nearly $1 million going to the commissioner (in the form of money, land, and cars (one of the four cars, a New 2005 BMW 645Ci, cost $100,000)), while the commissioner supported the bids of the lobbyist's clients and provided them with confidential information that gave them a "strategic advantage" over other bidders.

The District of Columbia's former chief administrative law judge settled with the D.C. Board of Ethics and Government Accountability (BEGA) this week (the settlement agreement is attached; see below). The misconduct she admitted to included her hiring of a business partner without going through the standard hiring procedures, and contracting with a company owned by the business partner's boyfriend (see my detailed discussion of the charges against her).

The reason this is not an update to the earlier blog post is the way in which the judge's attorney mischaracterized the charges after the settlement was reached. According to an article in the Washington Post, the attorney characterized the charges she admitted to in the settlement as “technical violations relating only to the appearance of conflict of interest, rather than an actual conflict. ... We are pleased that our client has again been vindicated as part of this process. ... Given that all of the serious charges relied upon by Mayor Gray to discharge Walker are being dismissed, . . . Walker intends to continue to pursue her appeal to overturn Mayor Gray’s imprudent disciplinary decision.”

The big news in the government ethics world today is the investigative piece in the New York Times about New York governor Andrew Cuomo's interference in the work of the Moreland Commission he created to investigate corruption in the state government and to recommend reforms to prevent such corruption (see my blog post on its recommendations).

Not only did Cuomo and his secretary meet with and contact the commission co-chairs, telling them not to go after certain groups associated with the governor. In addition, the commission's executive director, appointed by the governor, read the e-mails of commission members and staff, and reported to the governor's office, providing confidential information for the governor's personal and political benefit.

According to an Associated Press article this weekend, Jim Moran, a congressman from Virginia, was banned from entering Russia supposedly for a series of financial misdeeds. These supposed misdeeds, as delineated in Moran's Wikipedia page, include ethics and ethics-related criminal allegations that have been dismissed by the House Ethics Committee, the Virginia Attorney General, and the Federal Elections Commission. Allegations of insider trading based on a 2008 briefing by the Treasury Secretary and Federal Reserve chair do not appear to have been investigated. There is no reason to believe that there was any particular wrongdoing by any of these bodies or offices; in fact, at least one of the allegations would not be illegal but, if true, would instead be an example of common, institutional corruption.

This might be the first time an American politician has been sanctioned by a foreign country for ethics violations (with or without a hearing). However, it is believed that the real reason for the ban, besides simply a tit-for-tat response to an American entry ban on certain Russians, was Moran's sponsorship of an amendment prohibiting the U.S. purchase of helicopters from a Russian state arms dealer that is alleged to have supplied the Assad regime in Syria.

An excellent editorial yesterday by Dan Barton, editor of the Kingston (NY) Times, raises a few important issues relating to local government ethics proceedings.

According to Barton, Kingston's new ethics board dismissed a complaint from a city alderman that the mayor had violated the ethics code by hiring as an attorney for the city's local development corporation a lawyer with whom the mayor practiced as "of counsel."

The Speech or Debate Clause of the U.S. Constitution protects activities within the "legislative sphere" from being heard outside the legislature, and prevents the introduction of evidence of legislative activity in any such hearing. A recent brief from the U.S. House Ways and Means Committee in S.E.C. v. Ways and Means Committee argues (on pp. 30, 34-37) that communications between industry lobbyists and the staff director of the committee's subcommittee on health are privileged and may not be subpoenaed by the SEC in an investigation of alleged insider trading-related leaks.