making local government more ethical
An essay of mine has appeared in the new issue of the journal Public Integrity, a special issue entitled "Changing of the Guard: The 75th American Society for Public Administration Anniversary Symposium: Visions and Voices of Ethics in the Profession" (Fall 2014, Vol. 16, No. 4). Since the journal is published commercially, I am not permitted to share my essay with you. So I will do the next best thing:  review it and expand on what I wrote (without all the details and the academy-speak I was required to employ).

The title of the essay is "Missing Out: The Consequences of Academic Noninvolvement in the Reform of Government Conflicts of Interest Programs." The abstract is as follows:
When it comes to the reform of government conflicts of interest programs in the United States, everyone has been missing out due to the noninvolvement of academics. This paper seeks to explain the reasons for this noninvolvement, to consider the consequences, and to suggest what can be done.
This week, California governor Jerry Brown had to go back fifty years to find someone who agreed with his view of government ethics reform. According to an article in the San Diego Mercury-News, in vetoing ethics reforms that "sought to limit the types of gifts politicians can accept and force lawmakers to disclose the names of groups that bankroll their travel junkets," Brown "referred lawmakers to an article written by one of his former law professors [Bayless Manning] that was published by the Federal Bar Journal in 1964: "The Purity Potlatch: An Essay on Conflicts of Interest, American Government and Moral Escalation." According to the article, the essay "argued that there was no evidence that new ethics rules imposed at the time were having any effect on public officials' conduct."

According to an article Sunday on the Voice of OC website, the Orange County, CA legislative body has drafted a response to the second grand jury report in a year, which recommended the creation of a county ethics program "to monitor and enforce campaign finance and reporting and lobbyist reporting laws as well as other ethics laws and policies." The county board of supervisors wants to turn campaign finance enforcement over to the state ethics commission, and leave it at that.

The board's draft response asserts, “The effectiveness of the ‘ethics bodies’ is a matter of opinion and difficult to determine. The Grand Jury’s report did not provide any metrics or analysis to explain how ‘effectiveness’ of an ethics body is defined nor did they provide any evidence or examples of said effectiveness.”

In a an op-ed in the Daily Kos last Friday, Janos Marton — special counsel to New York state's recent Moreland Commission on state-level corruption — makes an excellent point about one of the problems involved in the criminal enforcement of government ethics :
Chicago's Legislative IG
The battle continues in Chicago over government ethics authority and funding. According to the cover letter to the legislative inspector general's semi-annual report dated August 22, 2014 (attached; see below), the IG's office has expended its 2014 budget and the city council is not willing to provide it with more funds. The council has also transferred campaign finance authority from the IG's office back to the ethics board, over the opposition of both the IG and the ethics board itself, which also lacks the resources to deal with the huge demands of campaign finance oversight, and believes that it is better to separate investigation from enforcement.

As the IG states in the letter, "Since the campaign finance reporting mechanism in itself is essentially based on an honor system which requires self-reporting, it is imperative that there are proactive reviews taking place on a consistent basis to ensure compliance." According to the IG, last year the ethics board was changed from an investigative body to an an adjudicative body, with the IG offices (there is also an executive IG) to take over its investigative responsibilities.

The IG powerfully describes the council's attitude toward ethics enforcement (council members are called "aldermen"):
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.

randomness