making local government more ethical

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Conflicts

Robert Wechsler
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...
Robert Wechsler
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 for office. In a letter sent after...
Robert Wechsler
A recent action by the Securities and Exchange Commission (SEC) against the city of Harvey, IL, a poor city of 30,000 just south of Chicago, deals with a different sort of fiduciary duty than the usual government ethics case. In a complaint dated June 24, 2014 (attached; see below), the SEC alleges that the city's comptroller acted as financial adviser in three bond issues for a hotel development, diverted some of the funds to himself, and also diverted funds to the city's general fund. The...
Robert Wechsler
Many people believe that conflicts of interest are limited to situations where money is involved. When these people write ethics laws, as they often do, the law effectively says that where money isn't involved, any conduct is acceptable.

For example, Pennsylvania's ethics code, which applies to local officials, defines "conflict of interest" as follows (emphasis added):
Use by a public official or public employee of the authority of his office or employment or any...
Robert Wechsler
It's been six years since I last wrote about how asset forfeiture is a serious temptation to engage in ethical misconduct. I was planning to write about it again in light of a recent U.S. Supreme Court decision on the subject, Kaley v. United States, when I read that, according to...
Robert Wechsler
One of the great things about discussions of the conflicts of interest of people in the securities world is that "fiduciary duty" is considered the basis for the rules that govern their relationship with government officials and others. In discussions of the conflicts of interest of those whom they deal with in municipal governments and those who provide other sorts of advice or products to municipal governments, "fiduciary duty" often goes unmentioned.

I say this as an introduction...

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