making local government more ethical
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.

According to an article in the San Francisco Chronicle last week, Oakland's council approved an amendment to the city charter, to go before voters in November, that would increase the authority of the city's ethics commission and provide it with the funds it needs to do its job. Congratulations to the council for what is, in some ways, an excellent reform package.

This ethics reform process began with a June 2013 civil grand jury report, which called for giving the city's ethics commission more authority to enforce ethics laws, and more resources with which to do it. Then, in May 2014, a working group of individuals mostly from good government-oriented civic organizations filed a report that made numerous ethics reform recommendations (see my blog post on it). The council quickly got to work on a charter amendment that contains some of the working group's recommendations.

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 whom the mayor practiced as "of counsel."