Safra Working Papers

Talk about independent expenditures usually refers to such expenditures in support, or more often in opposition to, federal candidates. At the local level, the major independent expenditures tend to come from unions, both public service unions and construction unions. There are also cases where independent expenditures come from contractors and others seeking direct benefits from the candidates they support or oppose. This can look very much like a payoff for favors done and/or for future favors, generally referred to as pay to play.

You're a government official who has had an ethics complaint filed against you. You want it go away. What do you do? According to an article in The Missoulian this weekend, there may be a new arrow in your quiver:  file a court suit demanding dismissal of the complaint on the grounds of a conspiracy to remove you from office and to act in a biased manner toward conservative officials.

Maricopa County (home of Phoenix) is doing an excellent job of showing America's local governments what not to do. In April, I wrote about the conflict that existed when the county attorney, after representing the county board of supervisors as it put together plans and contracts for a new county courthouse, decided to investigate the board's handling of these plans and contracts. The outcry over this conflict led the county attorney to turn the investigation over to another county.

In most cities and counties throughout the United States, the city or county attorney is in charge of the government ethics program. I have written a great deal about why this is not a best practice, but city and county attorneys still keep providing further reasons. Here's one from Tioga County, NY.

According to an article in the Times-Herald, a Montgomery County (PA) judge ruled that the county commissioners do not have authority to prohibit employees of the district attorney or sheriff's offices from participating in political activities or running for office.

Update: August 18, 2012 (see below)

There is a longstanding pattern of scandals in the cities that the Council on Governmental Ethics Laws (COGEL) chooses for its annual meeting. COGEL was in Chicago when Rod Blagojevich was arrested, and in New Orleans when Rep. Jefferson was re-elected despite the bribery charges against him (they held). COGEL stayed in the D.C. hotel where then mayor Marion Barry had just been arrested.

In some counties, when a company seeks small-business or women- or minority-owned business designation for a county contract, this designation also applies to the municipalities within the county. Why can't the same sort of thing apply to lobbying? Tampa council member Lisa Montelione has asked this question, according to a September Tampa Bay Times article.

Who is covered by an ethics code can be very important. In Baltimore, for instance, as I wrote in a recent blog entry, the city solicitor has interpreted the ethics code to require disclosure of gifts only from companies doing business with the city, not from their owners, officers, or employees.

I also wrote recently about jurisdiction over contractors paid with local government funds, but not directly by the local government.

This is the third blog post on the West Palm Beach Community Redevelopment Agency (CRA) matter. This post considers the matter in the context of a wide range of problems affecting CRAs throughout southern Forida, which can be seen in reports in the area's newspapers and blogs. Several CRAs have also been investigated by various offices and commissions.

In researching a recent ethics complaint in Harlingen, Texas (pop. 67,000), I came across some disturbing ethics matters. The most disturbing can be seen from the minutes of the city development corporation's September 29, 2009 meeting (pp. 3-4).

Vernon, the "Dream Machine" I've written about in two previous blog posts (1 and 2), is back in the news. This time, according to an article in yesterday's Los Angeles Times, it appears that there is a crack in the self-serving power structure that allowed a grandfather and grandson to run this purely industrial California city (pop.

There are several problems with the settlement the Massachusetts AG reached last week with a lobbying firm that the AG alleged had entered into an illegal contingency fee agreement with a hospital. According to the AG's press release, the lobbying firm would be paid a percentage of funds paid to the hospital pursuant to legislation the lobbyist would try to help get passed.

The Prosecutor

This month, in Portland, CT, home of the stone used to build New York City's brownstones, the new ethics commission found that it was a violation of the town's ethics code for the board of selectmen (the town's management board) to hire attorneys who had given campaign contributions to the board of selectmen majority's party town committee, according to the EC's minutes. The contributions of the particular attorneys were $20-250.

Crowdfunding is a 21st-century way of funding projects that are not being funded by the government, the stock market, venture capitalists, or even angel investors. But it's really not as 21st-century as people think. For example, the Statue of Liberty's pedestal was crowdfunded back in 1885 (without the Internet, the crowdfunding was led by Joseph Pulitzer, the publisher of New York World newspaper).

Over the last few weeks, while I was putting the finishing touches on the second edition of the book Local Government Ethics Programs, there was a lot of action in the area of ethics reform. In the next few blog posts, I will summarize the action.

Orange County, CA

In June, the Phoenix council took a step toward ethics reform, based on the recommendations of a task force (I critiqued the task force recommendations in an April post entitled "Disappointing Report from Ethics Task Force in Phoenix").

One of the most serious obstacles to ethics training is cynicism. For example, a councilman in South Lake Tahoe, California said, according to a recent article in the Tahoe Daily Tribune, that the California requirement of ethics training for all municipal officials is an indication of a breakdown in trust in local government and "It's not going to change behavior.

Last November, I wrote a long blog post examining an important general advisory opinion from the District of Columbia's ethics commission on the subject of constituent services.

In January, I wrote a blog post about the District of Columbia ethics board's first public forum seeking recommendations for ethics reform. On April 17, the ethics board published a report that makes recommendations for improvements to the city's ethics program (attached; see below).