Safra Working Papers
Attacking Those Who Make Ethics Allegations
Robert Wechsler
Several of the women who accused Bill Cosby of sexual misconduct
toward them have filed defamation suits, based on his conduct and,
especially, on the conduct of his attorneys, who not only stated
Cosby's denial of sexual misconduct, but also went on the attack
against the accusing women.
Attempt to Make Gift Bans Unconstitutional in KY
Robert Wechsler
It was only a matter of time before the U.S. Supreme Court's
campaign finance opinions (and decisions at the trial and appellate
level that have applied them to other situations) would be used to
argue that conduct prohibited or limited by government ethics
provisions are also protected as free speech by the First Amendment
of the U.S. Constitution.
Attending: City Council considers the Jacksonville Ethics Office Budget
Robert Wechsler
This morning the Jacksonville City Council finance committee continued their deliberations on each line item of the city's budget. This morning's agenda begins with the Office of General Counsel, which includes the budget for the City's Ethics Officer.
Council members Yarborough & Joost comment that they want to ensure that the office does NOT report to the General Counsel.
Attorney-Client Privilege and Financial Disclosure: A New NYC Bar Association Report
Robert Wechsler
Some lawyers abuse or misrepresent the lawyer-client privilege and
client confidentiality to protect their own unethical conduct. But no
one does it better than elected government
officials who also happen to be lawyers, and have the ability to draft ethics laws.
Attorneys on an EC, and Ethics Proceeding Confidentiality
Robert Wechsler
Lawyers and confidentiality can both be serious obstacles to the effectiveness of a
government ethics program. An ethics case in Trumbull, CT provides a
good look at how this can happen.
Attorneys on an Ethics Commission
Attorneys on an Ethics Commission
Austin Lobbying Reform and Opposition to It
Robert Wechsler
Considering that it reflects a typical approach to lobbying, it is
valuable to look at the language of a resolution to improve
Austin's lobbying oversight program (attached; see below). It is
also valuable to consider the opposition to this resolution by a
coalition of local architects, engineers, and contractors, according
to an
article in the Austin Monitor this week.
Back to Eastern Oregon, Where Local Government Is Working Again ... Transparently
Robert Wechsler
Six weeks after my blog
entry on the mass resignations in Eastern Oregon towns due to new
financial disclosure requirements, the predictions of government coming
to an end (still being fanned to flames by Fox News)
have turned out to be highly exaggerated.
Click here to read the rest of this blog entry.
Click here to read the rest of this blog entry.
Backsliding re Mayoral Balls
Robert Wechsler
I am a big believer in officials taking voluntary action to improve an ethics
environment when passing laws is not possible. For example, if the
state and the council both choose not to prohibit campaign
contributions from restricted sources, that is no reason why a
mayoral candidate should not make it known that he will reject such contributions and do his best
to get all candidates to reject them.
Bad Government from a Good Government Leader
Robert Wechsler
See update and second update below
People in the government ethics field can be very arrogant. I know I can. But it's horrible to see it in action, especially when it's turned against what we commonly think of as good government.
People in the government ethics field can be very arrogant. I know I can. But it's horrible to see it in action, especially when it's turned against what we commonly think of as good government.
Bailout Conflicts - The Treasury Speaks Softly and Carries a Small Stick
Robert Wechsler
Update: Later in the day, according to a report in On the Hill, House Speaker Nancy Pelosi called on the Treasury Secretary to strengthen the conflict of interest requirements discussed below.
Barriers to Civic Engagement -- a TED Talk from Dave Meslin
Robert Wechsler
I just watched this 6.5 Minute TED Talk that pulls apart all the reasons that we become "disengaged" in the political process.
I think he has hit the nail on the head - he left me feeling a faint ray of hope - that we can use our power as voters to push for reforms of all of his points.
Please watch - only 6 minutes, and it gives us some answers and maybe a way forward !
https://www.ted.com/talks/dave_meslin_the_antidote_to_apathy
Basing Ethics Decisions on Unenforceable Code Provisions Undermines Trust in the Ethics Process
Robert Wechsler
I
recently wrote about a situation in Stamford, CT in which probable
cause was found based on a policy declaration rather than an
enforceable ethics provision. That situation appeared to involve a
misunderstanding, with a unanimous ethics commission finding probable
cause.
Being Indirect -- A Gift Loophole to Watch Out For
Robert Wechsler
Earlier this week, I wrote
about an application of Louisiana ethics law that I felt was too
severe. Today I'm going to write about a Louisiana ethics provision, a fairly typical gift provision that applies to local government officials,
which is too weak, because it has a big loophole in it.
Ethical Leadership
Ethical Leadership
Being Too Careful About Conflicts
Robert Wechsler
It's important to be careful when it comes to conflicts of interest,
but it's also important not to be too careful. When you're too careful,
you send the wrong message to members of the community and you
miseducate them about government ethics.
Being Wrong II (Summer Reading)
Robert Wechsler
This is the second of two posts looking at Kathryn Schulz's excellent book, Being Wrong: Adventures in the Margin of Error (2010), as it applies to local government ethics. This post focuses on how to deal responsibly with one's mistakes, and to the extent possible prevent them.
Dealing Responsibly with Mistakes
Bellevue Council Can't Get a Grip on an Ethics Investigation
Robert Wechsler
When there is no formal process for dealing with a council member's conflict of interest, and the council handles the matter itself,
things can get farcical. This is what is
happening in Bellevue, WA.
This wealthy suburb of Seattle, with a population of 120,000, has an
ethics code for employees, but with no independent enforcement. Its
ethics code for elected officials is just the state's limited
provisions, again with no independent enforcement, training, or advice.
Best Practice #1
Robert Wechsler
Cities across the United States are creating and expanding Ethics Commissions, Ethics Offices and Inspector Generals in order to fight corruption and establish higher ethical standards for their governments.
I will be posting some of the best ideas from these programs on this site.
If you have comments on what is written, good, bad or just a stray idea, please comment!
Carla Miller, president, City Ethics.
Best Practices from the Book "Local Government Ethics Programs"
Robert Wechsler
The second edition of the resource book Local Government Ethics Programs will be put up on the City Ethics website in the next few days. It is updated, improved, and expanded. One of the new features is an extensive list of Best Practices. Here is the list:
Basic Matters
1. Speaking not in terms of personal integrity, but rather in terms of the responsible, professional handling of conflict situations.
Basic Matters
1. Speaking not in terms of personal integrity, but rather in terms of the responsible, professional handling of conflict situations.
Best Practices, The Criminalization of Ethics, and Illness As a Conflict Situation
Robert Wechsler
According to an
article in the Capital Gazette, a former Anne Arundel County
(MD) county executive, who was convicted early this year of a
misdemeanor for misconduct in office, wants to run for office again,
despite the judge ordering, as part of the criminal penalty, that he
not be permitted to run for office for five years.