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Safra Working Papers

Book Excerpt 2: A Checklist of Ethics Commission Activities


Here is one of the most useful sections of my new book Local Government Ethics Programs. Summer is upon us, and most ethics commissions that do not have a case before them do not meet. In fact, many ethics commissions are nearly inactive all year long. But this doesn't have to happen. There's a lot that needs to be done.

Book Review: Emil "Bud" Krogh, Integrity

It took a long time for Egil "Bud" Krogh to write his book on Watergate, but it finally came out a few months ago.

Krogh is not one of the better known Watergaters, partly because he pleaded guilty to his crimes. But as the head of the Plumbers, in charge of investigating leaks to the press, he oversaw the break-in of the office of Daniel Ellsberg's psychiatrist. For years he has been giving lectures on ethics, a program he calls the Integrity Zone (and his book is entitled Integrity).

Book Review: Jane Jacobs' Systems of Survival: A Dialogue on the Moral Foundations of Commerce and Politics

Not one of the recent books in my ethics library cites Jane Jacobs’ 1993 work, Systems of Survival: A Dialogue on the Moral Foundations of Commerce and Politics. The citations I found on-line do not include any about government ethics. This is a big loss for the government ethics community, because Jacobs, who died a couple of years ago, gave us a lot to think about. And we’ve been missing out. Jacobs’ book (in the form of a dialogue among a group of people) sets out two separate and opposed, yet symbiotic moral syndromes.

Books of Interest

Most books of relevance to local government ethics deal with administrative ethics, that is, the ethical behavior of government administrators, rather than with conflicts or government ethics programs. However, they do deal partially with government ethics, and it is valuable to see how government ethics fits in the larger context of administrative ethics. Most of the books on government ethics deal primarily with the federal and state levels; the ones that focus on local government are either old or international.

Bridging the Gulf Between Administrative and Government Ethics

I have done a poor job in this blog covering administrative ethics, that is, the field of study involving the professional conduct of public administrators. Writers on administrative ethics have done a poor job of covering government ethics, that is, the field of study involving conflicts of interest. Although the two fields overlap, they exist in mostly separate worlds.  For example, rarely does an administrative ethics professor show up at a Council on Governmental Ethics Laws (COGEL) conference, and my work (among others') has been totally ignored by administrative ethics professors.

Broad Responsibility for Ethical Misconduct

A couple of weeks ago, in a City and State column, veteran NYC reporter Wayne Barrett hit the nail on the head regarding the responsibility for failures to deal responsibly with conflicts of interest, specifically with respect to the conviction of former state assembly speaker Sheldon Silver, a Democrat:

Broward County Ethics Reform Passes, But Budget Concerns Remain

Broward County (FL) voters embraced (3-1) two ethics questions on the ballot yesterday, which applied the new county code of ethics to all municipalities in the county as well as to all constitutional offices (including the sheriff, appraiser, and clerk). They voted 6-1 for the question "Allow counties to show taxpayers the portion of property taxes attributable to constitutional officers." But this extremely reasonable matter still has to be approved by the state.

Broward County IG Report on Countywide Ethics Program

This week, the Broward County (FL) inspector general filed a Review of the Existing Ethics Structure (attached; see below) of the countywide ethics program that he oversees, and which came into being via charter amendments overwhelmingly approved by the county's voters in late 2010. The 21-page report focuses on a two-part reform recommendation:  (1) an ethics officer who would uniformly interpret the Code and provide precedential advisory opinions, and

Broward County Legislators Drag the County's Ethics Feet

As I mentioned in a recent blog post, the Broward County (FL; home of Ft. Lauderdale) commissioners are seeking to have an ethics code (enforced by an inspector general; it's being drafted) apply to county employees, as well. For some reason, this not only must go to referendum, but must also be approved by a majority each of state senators and representatives whose constituency touches on Broward County.

Budget Games and Gimmicks

Agreeing on the local government budget is the most important thing that the government does every year, because it affects every department and agency. But with the exception of the big issues of the year, it's a pretty arcane process often accomplished behind closed doors. Thus, it provides excellent opportunities for unethical conduct, very little of it dealt with in ethics codes.

Bullying an Ethics Board Pays Off in Sioux Falls

It staggers the imagination how combative local government officials can sometimes be with respect to ethics commissions. A year ago, I wrote about a former Sioux Falls (SD) council member, Kermit Staggers, who attacked complaints filed by the city's ethics board as "frivolous" and attacked its procedures when it gave him two private, that is confidential, reprimands.

CA Appellate Court Protects EC Legal Advice on the Basis of Privilege

The logic of a California appellate decision on Monday, in the case of St. Croix v. Superior Court (A140308, July 28, 2014) (attached; see below), doesn't seem right to me. It skips steps. St. Croix is the executive director of the San Francisco Ethics Commission, and this matter involves a public records request for documents relating to the commission’s regulations governing ethics complaints. Here's how the court's logic goes:

California Limits Local Government Officials' Access to Free Tickets

Sports and other event tickets are a constant issue in local government ethics. Yes, mayors are often expected to attend major events, but who else is? Why should city ownership of a facility matter in handing out tickets? The ownership is not the officials' or employees', but the citizens'.