Safra Working Papers
D.C. Ethics Board's Opinion Needs a Rewrite
Robert Wechsler
The first opinion of the District of Columbia's Board of Ethics and
Government Accountability (a searchable copy is attached; see below)
raises some interesting questions relating to enforcing
unenforceable ethics provisions, vagueness, and publishing evidence
and an opinion about a case that is being dismissed before an
investigation has been conducted. The opinion also shows that the
new ethics board has a long way to go up the learning curve of
government ethics.
D.C. Legislative Immunity Decision Ignores Constitutional-Legislative Differences
Robert Wechsler
Last September, I wrote a
blog post about the attempt by District of Columbia council
members to block a subpoena by employing a legislative immunity
defense. The case involves retaliation against a whistleblower who
had alleged improper council input in the awarding of a lottery
contract.
D.C. Legislative Immunity in a Case Alleging Retaliation Against a Whistleblower
Robert Wechsler
Did you know that the District of Columbia has its own Speech or
Debate Clause? I learned this from reading the Motion
for a Protective Order on Behalf of Mayor Vincent C. Gray
filed on Thursday in the case of Payne v. District of Columbia. Gray, a former council president, is seeking to be protected from testifying in a case involving alleged retaliation against a whistleblower.
D.C. Mayor Is Burned by a Contractor's Participation in His Election
Robert Wechsler
While I was on vacation last week, the biggest story in local
government ethics appears to have been, once again, in the District
of Columbia. According to a
press release from the U.S. Attorney for the District of Columbia
and the charges brought by the U.S. Attorney (attached; see below), the
CEO of the parent company of a major D.C.
D.C.'s Draft Ethics Reform Act Merely Adds Pieces to a Confusing Puzzle
Robert Wechsler
"The appropriate authority" is a vague phrase to base a major ethics
reform proposal on, but that is just what the District of Columbia's draft
Comprehensive Ethics Reform Act of 2011 does.
Introduced Tuesday by the council chair, this act is neither comprehensive nor does it create the accountability that the name of the new ethics office, the Office of Government Accountability, suggests.
Introduced Tuesday by the council chair, this act is neither comprehensive nor does it create the accountability that the name of the new ethics office, the Office of Government Accountability, suggests.
Dallas Ethics Reform Proposals to Go to Vote November 9
Robert Wechsler
Dallas
council members' control over development in their districts led
earlier this month to the
conviction of one council member and four associates for extortion.
Dallas Ethics Reforms Pass, But There Are Enforcement Problems
Robert Wechsler
The Dallas ethics reforms described in a recent blog post were passed on Monday, according to the Dallas Morning News.
Dan Ariely
donmc
Dan is the James B. Duke Professor of Psychology and Behavioral Economics at Duke University and a founding member of the Center for Advanced Hindsight.
See Dan's TED talk: Our Buggy Moral Code. and his Website.
Dating and Minimum Requirements
Robert Wechsler
An example I often use for why government ethics laws are only minimum requirements is that these laws cannot include friendships or romantic relationships, because these are impossible to define with any precision. When a relationship is not included because it is undefinable, this does not mean that one should not treat this relationship like any other special relationship and withdraw from matters involving that individual. One should go beyond the minimum requirements of the law and withdraw.
Dating, Marrying, and Gifts
Robert Wechsler
Government ethics is dangerous to dating and weddings. That's the
message of an
article in Sunday's Palm Beach Post.
Dealing Openly and Responsibly with a Conflict of Interest
Robert Wechsler
You hear it again and again: “I didn’t know. I wasn’t told.” It’s the ultimate defense. Rarely do you hear, “I didn’t know, but I should have. It’s my responsibility to know and make sure I’m told things like this. I will act as if I knew, because I should have known.”
There’s nothing wrong with a conflict of interest. When you learn about one, you discuss it openly and deal with it responsibly.
Dealing Responsibly with an Ethics Violation
Robert Wechsler
Here's a what-not-to-do scenario of a sort that is too rarely
included in ethics training. And yet it's one that could save a lot
of officials, as well as ethics programs, a great deal of trouble,
and help maintain public trust in local government.
Dealing Responsibly with Business Relationships
Robert Wechsler
In Louisiana, local government officials cannot do any sort of business
with anyone who does business with their local government. This
position is supported by a settlement reached with an Alexandria
council member, according to an
article at thetowntalk.com.
Dealing Responsibly with Conflicts in College Towns
Robert Wechsler
How does a council deal with conflicts in a company town? My first
response to this would be, are there still company towns? Well,
certainly not as many as there used to be, but probably most of the
ones that remain are college towns.
Dealing Responsibly with Contract Conflicts
Robert Wechsler
Two important issues arise from a story about a competitive bid for a
concrete contract for an arena in Louisville which, according to an
article in yesterday's Louisville Courier-Journal, was won by a
company solely owned by a member of the state task force that chose the
site, the chair of the board that manages the arena, a close friend of
the coach of the arena's primary tenant, and a nonvoting member of the
arena authority, whose executive director reports directly to the board
that
Dealing Responsibly with Contributions from Individuals Convicted of Crimes
Robert Wechsler
What responsibility does a candidate have to check on those who make
contributions to his or her campaign? Is there a greater responsibility
when the candidate is running for a law enforcement position, from
sheriff to D.A. to judge?
Dealing with "Independent" Expenditures at the Local Level
Robert Wechsler
For those of you who are tired of talk about "witch hunts," this
quote will be a great relief:
"I'm concerned about a zealous ethics staff chasing down rabbit holes when there is no rabbit."These are the words of Adam Bonin, a Philadelphia election lawyer, as quoted on WHYY"s News Works website on Sunday.
Dealing with Placeholders on Boards and Commissions
Robert Wechsler
A "placeholder" is someone who agrees to run on a ticket
with a mayoral candidate or be appointed by him, but has no interest or intention in
actually doing the work required by the position. Such a candidate
does not attend many meetings of the body to which she was elected
(often she is not even in town much of the year) and, when she does
attend, is usually not prepared. When her support is needed, she
will sometimes read a short speech prepared for her by someone else.
Dealing with the Conflicts of Winnipeg's Mayor
Robert Wechsler
Canadian mayors don't appear to be having a good time of it lately,
ethicswise.
Dealing with the Potential Conflicts Involved in EC Board Member Selection
Robert Wechsler
There is a great deal to be learned from the selection process for
the new District of Columbia Board of Ethics and Government
Accountability, which is effectively complete. Three weeks ago, I
wrote a
blog post about the nomination of Robert Spagnoletti to be
chair of the new ethics board. I questioned this nomination of a
former D.C.