Safra Working Papers
Cincinnati Situation V - Officials Entering Into Contracts with Their City
Robert Wechsler
The family firm's $100 million development takes this matter beyond
ordinary conflicts, due to state and local laws on officials entering into public contracts with their city. What makes this issue far more
serious than an ordinary conflict, which can be dealt with responsibly through
recusal, is that both state and local law require the official to choose
between his government position and an interest in a public contract.
It is this far more drastic remedy that has recently escalated emotions
surrounding the council member's situation.
Cincinnati Situation VI - Frequent Conflicts
Robert Wechsler
As serious as the appearance of impropriety that arises from the council member's
family firm seeking TIF money and a tax abatement from the city is the
fact that any developer or member of a developer's family sitting on a
city council faces not just the occasional ethical controversy, as has
been the case in this situation. Such an individual faces an ongoing
series of possible conflicts, most of which do not lead to complaints, requests for advisory opinions, or controversies.
Cincinnati Situation VII - Who Should Administer and Enforce Government Ethics
Robert Wechsler
The
Enquirer
editorial I referred to at the end of my last blog post
raised another important issue: who should be administering and
enforcing government ethics. Its conclusion was as follows:
Circled Wagons: Loyalty and Municipal Ethics
Robert Wechsler
I was inspired to take a different point of view of municipal ethics while reading Charles Taylor's review of Jonathan Lear's new book, Radical Hope: Ethics in the Face of Cultural Devastation in the latest issue of the New York Review of Books. Please bear with me as I describe the book before I say why it is relevant to municipal ethics.
The book looks at cultures that have been devastated by having their way of life destroyed.
Cities & Counties Initiatives for COGEL
Robert Wechsler
COGEL Task Force -- Local and Municipal Ethics Initiatives
Members
CHAIR: Carla Miller, Ethics Officer, City of Jacksonville, Florida VICE-CHAIR: John Steiner, Austin, TX Ethics Commission Mark Davies, New York City Conflict of Interest Board Helen Valkavich, City of San Antonio, TX Robert Meyers, Miami/Dade Ethics Commission Leeann Pelham, Los Angeles City Ethics Commission
Cities Indirectly Accepting Funding from Interested Parties
Robert Wechsler
When the economy is booming, local government
corruption feeds off the sale of government land, development
projects, and construction contracts. When the economy is doing
poorly, there is usually less money floating around to fund
corruption. But in bad times, local governments are willing to
accept the help of companies and nonprofits, which might have (or appear to have) their
own interests at stake in what they fund for local governments.
This leads to another set of problems.
Citizens and the Advisory Opinion Process
Robert Wechsler
I've always felt torn with respect to whether citizens should be
allowed to ask for advisory opinions that have to do with local
government officials, as can be seen in the advisory opinion
provision and comments in the City Ethics Model Code Project.
Citizens to Redistrict Austin Council
Robert Wechsler
Update: January 30, 2013 (see below)
Four years ago, I wrote a blog post about the conflict at the heart of the local redistricting process, where the members of a legislative body are deeply involved in decisions that will determine whether or not they, and their party or faction, are re-elected. This conflict shares some similarities with the involvement of officials in selecting ethics commission members and enforcing government ethics laws.
Four years ago, I wrote a blog post about the conflict at the heart of the local redistricting process, where the members of a legislative body are deeply involved in decisions that will determine whether or not they, and their party or faction, are re-elected. This conflict shares some similarities with the involvement of officials in selecting ethics commission members and enforcing government ethics laws.
Citizens United and Conflicts of Interest Law
Robert Wechsler
The Citizens
United
decision from the Supreme Court this week says that, for the
purpose of First Amendment free speech rights in a political context,
corporations are persons. Until now, they were considered fictional
persons, since they lack such things as arms, brains, and the right to
vote.
Will the majority's conclusions affect conflicts of interest law? Here's a conclusion from page 40, ending the decision's first section.
Will the majority's conclusions affect conflicts of interest law? Here's a conclusion from page 40, ending the decision's first section.
Citizens' Views of Ethics Reform in Jacksonville
Robert Wechsler
I don't write about Jacksonville much, because my colleague at City
Ethics, Carla Miller, is the city's ethics officer. She has been
working hard to ensure that the city's ethics commission is given more
authority and independence, and that the city's ethics laws are
improved. This week, the council will be moving closer to approving, or
undermining, reforms.
City Attorney Investigates Memphis Mayor for Possible Ethics Violation
Robert Wechsler
As I wrote in a blog entry nearly two years ago, Memphis has broken
records in terms of convicted public officials. But its mayor of
seventeen years, Willie Herenton, has stood above it all. At least
until now.
City Attorney's Advice re Conflicts of Interest: A New California Supreme Court Decision
Robert Wechsler
The Supreme Court of California has handed down a decision that could have a significant impact on conflicts of interest cases. In The People v. Chacon, S125236 (February 8, 2007), the court found that Chacon, a former council member charged with a conflict of interest, could not use the defense that she had acted upon the advice of the city attorney. The advice concerned her entering into an employment contract as city manager.
City Ethics Essentials
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.
The first BEST PRACTICE entry is "Ethics Program Essentials". These are key points to consider when starting an ethics program.
City Ethics Publications
Robert Wechsler
City staffers get ethics introduction
Robert Wechsler
The Jacksonville Daily Record today published a story covering the first ethics training since the new code revisions were ratified by Council on Tuesday last week.
"Miller instructed the Council staff not to get too bogged down in the technicalities of the law, but to adopt an overall ethical mind set to help guide their decision-making."
City-Funded Redevelopment by Nearby Property Owners -- And How Not to Write Ethics Law
Robert Wechsler
An article in
today's Modesto Bee provides an excellent example of problems that
arise when a city's redevelopment is accomplished by people who can
benefit directly from it.
The five-person Riverbank, California Council has three members who own property downtown, which is going through a redevelopment phase (apparently, things like theaters, not low-cost housing). The council members also sit on the city's Redevelopment Agency.
The five-person Riverbank, California Council has three members who own property downtown, which is going through a redevelopment phase (apparently, things like theaters, not low-cost housing). The council members also sit on the city's Redevelopment Agency.
Clean Water and Clean Hands
Robert Wechsler
What do clean water laws have to do with government ethics laws?
According to an article in
today's New York Times, there are three connections. One, the water
in Scottsdale, AZ, where government ethics professionals just
congregated for a conference, has high amounts of arsenic in it.
Cleaning Up a Political Culture - Don't Necessarily Do the First Things That Come to Mind
Robert Wechsler
The DiMasi case, discussed in the most recent blog entry, is not the
only ethics case in Massachusetts that has drawn a lot of attention.
The result of a perception of increasing ethical misconduct has led the
governor to appoint a new task force on public integrity, according to an
editorial in today's Boston Globe with an inapt plumbing metaphor in its title,
"Drain the Ethics Cesspool."
Clear Air in Manhattan: Independence of Ethics Commissions Part 2
Robert Wechsler
How can an ethics commission be truly independent?
Clear Evidence of How Dealing Irresponsibly with a Conflict Can Undermine the Public Trust
Robert Wechsler
One great thing about the Internet is that it provides a clear picture
of how people respond to officials who do not deal responsibly with
their conflicts of interest, and how such irresponsible actions can
undermine people's trust in government.