making local government more ethical
It's Attack the Ethics Commission week once again, this time in New York State. According to an April 16 article in the Albany Times-Union, a mayor from one party filed a complaint against the deputy majority leader of the New York Senate, who is a member of the other party. The complaint is included below the article, and a statement by the mayor, about the filing, is quoted.

Fast forward to May 15, when the senate majority leader accused the state ethics commission of leaking the commission's letter to the respondent. What important information could possibly be in the letter to the respondent that was not already in the complaint?

According to the blog of Kansas City, MO's mayor, Sly James, the KC Commission on Ethics Reform will be holding a public hearing tomorrow on its draft ethics code.

It's clear from the draft that the commission made excellent use of the City Ethics Model Code. The result is a good draft that falls short in a few very important areas.

Most important, the ethics commission would be selected by the mayor. The mayor would even select who the chair is, something that is ordinarily left to a board or commission. Any time the commission is seen as letting off the mayor or a mayoral ally, or coming down hard on a mayoral opponent, it will undermine the public's trust in the ethics program. There would be a big conflict at the heart of a program designed to prevent conflicts and to gain the public's trust in its city government. Ethics commission independence, real and perceived, is the single most important part of an ethics program. It is the foundation on which everything else stands.

According to an article in the Metro West Daily News on Friday, the Ashland (MA) board of selectmen sent two reported allegations of possible acts of ethical misconduct to the state ethics commission. The request sought not enforcement, but clarification. I hope by "clarification" the board meant that it is seeking advice about continuing the behavior. Its other option was to file a complaint with respect to past behavior. But it did not seem to want to "accuse" its fellow selectman of anything.

Transparency, although not generally part of a local ethics code, is central to a local government's ethics environment. A lack of transparency is both a tell-tale sign that things are wrong, and an impediment to discussing ethics issues and enforcing ethics violations. Unfortunately, ethics codes do have confidential information provisions, making it appear to those who do not understand government ethics that it is more important to hide confidential information than to let the sunshine in.

The transparency problem in Clackamas County, Oregon, the home of Mt. Hood and Oregon City, is taking the form of actions against an official for allegedly sharing confidential information, making public records requests, and making allegations of questionable expenditures.

There are several problems with Houston's new ethics provisions, in addition to what I pointed out in my last blog post. Some of them are typical, some of them are unusual. The ethics reform ordinance is attached; see below; the old ethics ordinance can be found by clicking here and scrolling down on the left to Code of Ordinances Chapter 18).

Teachers and teachers' family members seem to be just the sort of people to run for school boards. They have either the expertise and/or the interest in education. But with them come conflicts of interest, and these can cast doubt on what they're doing there in the first place.

Teachers in the particular school district generally can't run for school board seats, but many teachers don't live in the districts where they teach. This prohibition often applies to their spouses as well, but not to their parents, siblings, and children.

But when it comes to teacher contracts, even the parents, siblings, and children have a conflict between the interests of the public and the interests of their immediate family members in getting a raise and holding on to their benefits.