The great majority of local governments that think they have no state or local law or rules regarding local officials' conflicts of interest do actually have a conflict of interest rule.

This rule is hidden in Robert's Rules, which is usually the set of rules under which local government bodies operate. Here is what it says in §45 (Voting Procedure), in the first subsection on Rights and Obligations in Voting (I'm quoting from the Perseus Publishing tenth edition, pp.394-395):

Open Records Requests and Ethics Proceedings
In an unusual twist on the confidentiality of ethics proceedings, counsel for the Colorado Springs mayor's former client, the person who gave rise to the mayor's apparent conflict of interest, has made an open records request for all documents related to the ethics proceeding against the mayor, according to an article in the Colorado Springs Gazette. Counsel for the complainant noted, “Is there any irony in the attorney for Marshall asking the city to turn the cards up when it seems that Mr. Marshall, in all his dealings, has preferred confidentiality commitments?" In fact, the complaint was filed to bring transparency to a secret deal (see my blog post on this).

While so many local governments don't take conflicts seriously enough to require recusal, some take conflicts too seriously, and overreact. This appears to be what happened in Elizabethtown (NY), according to an article in yesterday's Press-Republican.

Nepotism is often left out of ethics codes because it does not seem all that unethical. Another reason for leaving nepotism out is that it is so common, especially in the uniformed departments, that local government officials are afraid to touch it. When nepotism rules do appear, they often provide for grandfathering in current nepotism, and for waivers, even if waivers are not available for other ethics code violations.

What just happened in San Diego, according to an article in yesterday's Union-Tribune, is a lesson for local government ethics commission members, especially commission chairs, and even more especially chairs who speak out. Most important, it points out how important EC independence is.

In yesterday's miscellany, I talked about an ethics commission member conflicted due to having played a role in the campaign of an official brought before the commission. There are two ways to deal with such a conflict. One is to deal with it like any conflict, when it arises. The other is to prevent the conflict from occurring.