making local government more ethical
Proximity rules are common to local and state government ethics codes nationwide (see my blog post on them from five years ago). They require officials to withdraw from any matter dealing with property within a certain distance of property they own or rent, no matter how many others have property within the same proximity.

According to a big exposé piece in yesterday's Washington Post, "Congressional representatives are required to certify that they do not have a financial stake in the actions they take." But the rules they have written to apply to themselves do not address proximity. The issue is not proximity, but the process by which proximity was not addressed.

In November 2010, Broward County, FL voters approved an ethics code for officials of the cities in the county (the code also applies to the county commissioners). The code finally became effective January 2, 2012.

Three cities in Broward County (home to Ft. Lauderdale) have put referendum questions on the January 31 ballot seeking to strike the applicability of certain of the code's provisions to their cities' officials. The principal one is the requirement to disclose one's outside salary. Personally, I don't think disclosing a salary is necessary. It's sufficient to ask officials to say they are paid, say, more than $20,000 by an employer, or more than $5,000 by a client, to show that the job is serious and there is a financially meaningful relationship with a client.

What is notable about changing this particular provision is how self-serving it is for mayors to waste the public's time on a question that is only intended to protect their privacy. Of course, the argument is made that otherwise officials will resign in huge numbers. But if officials were to resign in huge numbers, the law would likely be changed. The fact is that disclosure requirements always lead to this argument, but rarely to the reality. When there were mass resignations in Oregon a couple of years ago (see my blog post), the officials either quickly were appointed again or others were appointed to replace them. The predictions did not come true, and the public did not suffer.

What’s missing from new Jacksonville ethics office? Money

No budget or staff yet, despite being adopted by City Council last summer.

Posted: January 17, 2012

Seven months after it was signed into law, Jacksonville’s Office of Ethics, Compliance and Oversight still has no budget.

Its one employee, a director appointed last month, works part-time but hasn’t drawn a city paycheck since leaving an earlier job in October.

She’s hoping volunteers will help get the new office in gear — and that the city releases enough money for her to get paid again.

An ethics bill in the District of Columbia, sponsored by council member Muriel Bowser, went quickly through committee and was passed by the council, with only one dissenting vote, on December 20 (the final committee bill can be found here). What's amazing about it is that, despite the speed with which it moved, Bowser's staff made many improvements to the bill in response to critiques from me and others. It is not a perfect bill, of course, but it's a pretty special gift for the holiday season.

The creation of an ethics task force is a popular way for local government leaders to pursue ethics reform. It provides the appearance of community involvement and independence, and it means that reform ideas are not something to be imposed by a mayor on council members and other officials, which can cause a great deal of resentment.

Atlanta's Mayor Franklin chose this route in 2002, as did Philadelphia's Mayor Nutter in 2008. One difference is that Franklin appointed her own task force, while Nutter allowed community organizations to pick seven of the nine members of his task force.

The latest mayor to take this route is Chicago's Mayor Emanuel. What is unusual about his use of the task force is that he is not responding to a scandal, but rather doing what he promised in his campaign.

A good followup to my last blog post, on Lawrence Lessig's book, is what Jack Abramoff said on 60 Minutes this Sunday, pushing his new book Capitol Punishment.

America's most infamous lobbyist went almost overboard condemning both himself and the system by which lobbyists get what they want out of Congress. He said that he would make job offers to congressional aides, and once he did so, "We owned them. Every request we make, they're going to do it." Former Rep. Bob Ney's chief of staff said on the show that he had a "corrupt relationship" with Abramoff, who offered him a job at a hockey game. Ney, who also did time (the only member related to this scandal to do so) said that he and Abramoff were "involved in a culture of corruption together."