making local government more ethical
Former lobbyist, now jailbird, Kevin A. Ring shared some valuable words of wisdom in an op-ed piece in the Washington Post this week.

He says that the gift limit should be zero, because any other limit will be abused (what he doesn't say is that any exception will also be abused). He also notes that "Numerous psychologists and behavioral economists have confirmed the principle of reciprocity: People are hard-wired to repay even small favors or gifts. For officeholders, this benign, evolutionary instinct could come back to hurt them."

The former chair of the Venice in Peril Fund wrote a disturbing piece for the September 25 issue of the New York Review of Books about corruption in Venice. This corruption derived largely from a major project:  the building of flood protection barriers, known as MOSE. Although this project was larger than those in most cities, the misuse of funds, the failure to competitively bid, the false invoicing, the nepotism and the cronyism are no different. Similarly, the need for independent oversight is the same whether the project involves the building of a new school, a convention center, a transportation system, or a city dump.

Members of the Consorvio, the contractor, have been charged with (and some have confessed to) buying the support of "anyone they thought would further their cause." The founder of the Consorvio, who resigned a year ago after investigators found that he had made illegal payments, has said "that it was he who was behind the system of buying support and influence and granting contracts without an open bidding process."

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."

The Stamford (CT) Advocate's Angela Carella wrote an excellent column on Saturday about a post-employment (also known as revolving door) situation in Stamford. Entitled "In Ethical Questions, Appearances Matter," the column looks at the many problems with a school board member taking a job with a company that manages the school board's construction projects. He resigned his position the day before he accepted the job.

When officials take jobs with businesses their agency oversees, they are seen as using their government service as a stepping stone to help themselves as well as the firms that do business with the government, a win-win deal for everyone but the public. The revolving door puts a question mark at the end of everything the official did in office: what was he giving away in order to get a personal reward? When he acted, advocated, and voted, was he thinking of his future or what’s best for the public?

One of Carella's most astute observations is that the situation was not cured by the school board member's decision not to attend a meeting where the school board voted on a 42% increase in the contractor's fee (partly to create the position the school board member has filled). One reason is that, despite withdrawing from the vote, he did not withdraw from participation in the matter. "[H]e had the opportunity in the months before — particularly as head of the Operations Committee that oversees [the contractor] — to influence board members' views of [the company's] performance as school facilities manager."

When city and county contractors and their lobbyists don't follow the rules, it's difficult to catch them, because few cities have an oversight office that investigates on its own initiative. Without such a program, communities depend on federal and state criminal enforcers who focus on bribery and kickbacks.

It is the FBI and a federal grand jury that did the job in Dallas County which, unlike the city of Dallas, has no ethics program, just an aspirational code. In fact, it has two aspirational codes, only one of which is linked to on the county website; the one linked to is the National Association of Counties Code of Ethics (attached; see below); there is also a short ethics code in the county Code of Ordinances (Sec. 94-51). But there is no local ethics program.

According to a press release from the U.S. Attorney for the Northern District of Texas, a federal grand jury has returned a 109-page indictment charging a long-time Dallas County commissioner (Price), his chief of staff, a corporate lobbyist, (Nealy) and a corporate consultant (Campbell) with a conspiracy that involved nearly $1 million going to the commissioner (in the form of money, land, and cars (one of the four cars, a New 2005 BMW 645Ci, cost $100,000)), while the commissioner supported the bids of the lobbyist's clients and provided them with confidential information that gave them a "strategic advantage" over other bidders.

Is it appropriate for a mayor — especially a mayor in a city with strict gift rules and a public campaign financing program that has strict campaign contribution limits — to work with an organization that lobbies the state on behalf of his policies and sponsors ads and materials that support his views and, especially, celebrate his successes?

This is the situation in New York City, where Bill de Blasio, in his first year in office, is being celebrated by an entity called Campaign for One New York (CONY), which announced yesterday its expenditures and contributors (in keeping with de Blasio's support of transparency, it went well beyond the requirement of disclosing contributors of over $5,000).