making local government more ethical
It is important for local government candidates who have serious conflicts of interest to let the community (not just voters in their district) know how they will deal with the conflicts if they are elected. To do this, they usually need to discuss possible situations with an ethics adviser, because it is too difficult to work out a plan on their own. But this rarely happens. Usually, when someone asks the right question, the candidate says she will deal with the issue when it arises, following all the relevant laws.

It is great to see the Chicago Sun-Times asking some good questions and trying to get a conflicted candidate to give more than a promise to follow the law and legal advice. The candidate has some complex conflict situations. An aldermanic candidate in Chicago, Patrick Daley Thompson is a land use attorney, a lobbyist registered with the city, a member of the Metropolitan Water Reclamation District  (MWRD) commission, a nephew of the most recent mayor, Richard M. Daley (in office twelve years, and whose law firm is, among other things, bond counsel for the MWRD), and a cousin of a lobbyist for Morgan Stanley, which appears to have issued the bonds.

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 rule now is to file a letter with the Boston city clerk when lobbying the Boston city council. One letter about whom is represented and what the nature of the business is. You can lobby the Boston mayor and any board or agency without notice, not to mention the other cities and counties in the state. That doesn't cut it, at least according to the Globe editorial board.

Partial withdrawal from participation is not a sufficient cure for an apparent conflict of interest. When there is any involvement, it can be seen as providing preferential treatment, as being unfair. Once again this is made clear, in the most controversial local government problem of the year:  a white police officer's killing of a black man in Ferguson, MO.

According to an article in Newsweek, the elected St. Louis County prosecutor, Robert McCulloch, is seen as especially sympathetic to the police. "His father was a St. Louis policeman killed in the line of duty by a black man when McCulloch was 12. His brother, nephew and cousin all served with the St. Louis police. His mother worked as a clerk for the force for 20 years. McCulloch would have joined the force too, but he lost a leg in high school due to cancer. 'I couldn’t become a policeman, so being county prosecutor is the next best thing,' he once said." He also spoke out (almost alone) in favor of a continuing role for the local police in the demonstrations that followed the killing.

According to an article yesterday in the Rockdale Citizen, Rockdale County, GA's county commission is having a debate on how to select its three-member ethics board and its alternates. Unfortunately, it's a debate that is being waged with no reference to best practices and almost no outside professional input. It's as if a debate about a construction project were to include little input from or reference to the work of engineers or planners. I point this out not because it is atypical, but because it is all too typical.

The last time I discussed contingency fee arrangements in local government contracting was 2007 (the focus then was on attorneys). A front-page story in today's New York Times shows clearly that I have not been giving this topic the attention it deserves.

Allegations have been made by the U.S. Attorney for the Southern District of New York (disclosure: I worked for this office as a law school intern back in 1977-78) that a New York City department and an IT contractor were engaged in defrauding Medicaid over a five-year period, at a cost of tens of millions of dollars. With respect to government ethics, the central paragraph of the article is as follows:
Nepotism is a difficult topic to get a hold of. It is the most generally accepted kind of ethical misconduct, most governments do not keep records (or, at least, public records) of familial relationships, and nepotism provisions are rarely enforced. For all of these reasons, the news media do not give nepotism much coverage. So in many governments, especially those with poor ethics environments, nepotism is common.

Kudos go to David Wickert of the Atlanta Journal-Constitution for doing an investigative piece last weekend about nepotism in the metropolitan Atlanta area (Disclosure: I was interviewed for the article, and I am quoted in it).

Wickert writes, "In the last three years alone, five area city and county governments hired at least 770 relatives of current employees. Those hires took place as thousands of metro residents struggled to find work, raising questions about whether family ties trump good government."