making local government more ethical
Call for a State Municipal Lobbying Code
It may be a big holiday week and the end of the year, but there has still been some news on the government ethics front. The Boston Globe has called for the state to institute disclosure requirements for local lobbying. According to the editorial, the only rule now is to file a letter with the Boston city clerk when lobbying the Boston city council. One letter about whom is represented and what the nature of the business is. You can lobby the Boston mayor and any board or agency without notice, not to mention the other cities and counties in the state. That doesn't cut it, at least according to the Globe editorial board.

When it comes to local lobbying oversight, cities are falling like flies. At least in Canada.

According to an article yesterday on the Vancouver, BC Metro News website, the city council voted unanimously to look into establishing a lobbying registry and hiring an independent ombuds, apparently to run the registry and more. This follows the vote to establish a lobbying registry in Hamilton, and the establishment of lobbying registries in Toronto and Ottawa.

I wish the news were as good in the U.S. Here the best news is that the chapter of my book Local Government Ethics Programs on lobbying (along with a Model Lobbying Code) should be done and online by the end of January, if all goes well.

I've written several posts about individuals who have created fiefdoms (a D.A., a housing authority director, a city pension board attorney, the director of a council of local governments, and the CEO of a state university foundation), but none of them were union leaders. A large investigative piece in the New York Times today provides an excellent description of the fiefdom of the head of New York City's correction officers union.

Uniformed unions wield a disproportionate power in most local governments. One reason is that their support is often considered necessary to win an election. This gives them a great deal of leverage with elected officials. For one thing, mayors and local legislators rarely criticize the unions in public. For example, when in November, the mayor called for "a culture change" in the city's violent jail, he criticized the corrections department, not the union. In fact, in October, the mayor publicly praised the union president.

The Times investigation shows how many other ways the union president wields his power. The principal way is through intimidation. He allegedly walked into the office of the department's lead investigator and threatened her. And then she was replaced . . . with a childhood friend of the union president, whose brother had been on the union's executive board. A culture of violence against prisoners can derive from a culture of fear and cronyism in a fiefdom.

According to an article yesterday on the Baltimore Brew website, a year ago Baltimore's mayor officiated at a wedding between two individuals who lobby the city government. In Las Vegas, no less.

Mayors, judges and, sometimes, other local government officials often officiate at weddings. Some ethics codes have a special exception from the gift ban that allows for this, but most make no mention of it.

The question is, should there be limits on officiating at weddings, or should government officials be allowed to use their public office to officiate at anyone's wedding, including those of lobbyists, contractors, developer, and grantees ("restricted sources")?

Two big local ethics/election stories come from Contra Costa, CA and Tallahassee, FL.

Ethics Reform Package Features a Different Sort of Public Campaign Financing Program
According to an article this morning on the Tallahassee Democrat website, by a 2-1 margin Tallahassee voters approved a charter amendment that will (1) create a seven-member ethics board with the power to investigate ethics complaints and levy civil penalties, (2) lower the campaign contribution limit from $1,000 to $250, and (3) institute one of the few local public campaign financing programs. (I was consulted about the amendment, and made recommendations for improving it.)

The last time I discussed contingency fee arrangements in local government contracting was 2007 (the focus then was on attorneys). A front-page story in today's New York Times shows clearly that I have not been giving this topic the attention it deserves.

Allegations have been made by the U.S. Attorney for the Southern District of New York (disclosure: I worked for this office as a law school intern back in 1977-78) that a New York City department and an IT contractor were engaged in defrauding Medicaid over a five-year period, at a cost of tens of millions of dollars. With respect to government ethics, the central paragraph of the article is as follows:
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