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Safra Working Papers

Formerly Known as Lobbyists . . .

According to a press release from the American League of Lobbyists, the association that lobbies for lobbyists, the membership has voted to change its name and "brand" to the Association of Government Relations Professionals.

It's good that lobbyists do not run election campaigns, because their branding is pretty blind. The acronym for their new name is going to be, whatever they may say, AGRIP, as in "a grip on the necks of elected officials." Couldn't they have seen this coming?

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Fort Wayne Deserves a Far Better Ethics Program

If you're a city of a quarter million people with an ethics board that “has not met in many years and ... is effectively non-existent,” according to a council member who has proposed a new ethics ordinance, what do you do?

Not, I think, what the proposed ordinance (p. 16ff) does, which is create a new ethics board solely for council members, and consisting of two council members, the city attorney, and two citizens of their choice.

Fraud and Ethics Enforcement

Criminal enforcement of ethics violations usually involves fraud, and less so honest services fraud (which was essentially misuse of office) now that it has been essentially limited to bribery. And yet ethics enforcement rarely involves fraud, because ethics codes do not have fraud provisions. This is pretty strange, when you think about it:  the same misconduct being treated as apples and oranges.

Free Speech and the Difference Between Elected Officials and Ordinary Citizens

Yet another court decision discussed at the COGEL conference placed First Amendment free speech rights far above the obligations of a government official, employing a strict scrutiny approach where a simple due process (for statutory vagueness) approach would have been sufficient.

Fundraising for a Political Convention: Pay to Play, Transparency, and a Blind Spot

Even the most enthusiastic good government politicians often have a serious blind spot:  themselves. They believe that everyone else is into pay to play and selling out to big contributors. But not them. They're only doing what's best for their city.  They have only the community's best interests in mind. And sometimes the community needs those big contributors, and who but he is best situated to get them to open their wallets? However, the big contributors don't have the same blind spot, so they don't want the public to know how much they're shelling out.

General Advisory Opinions Are Very Useful

A couple of months ago, the Ohio Ethics Commission did something very wise and valuable:  it drafted an advisory opinion on nepotism rules, gathering information from years of partial, specific advisory opinions, and providing examples. It even gives excellent definitions of each of the relevant terms, including such generally applicable terms as "public contract"  and "anything of value."

Georgia's Aspirational Guidelines

The City Ethics Model Ethics Code includes as an aspirational code the American Society for Professional Administration's (ASPA) Code of Ethics. This is highly unusual, but not unprecedented. One precedent is the Georgia Municipal Association's City of Ethics program, developed in 1999. The Georgia program requires municipalities to do two things in order to qualify.

Getting the Word Out to Lawyers

The American Bar Association Journal does a list of the best law-related blogs each year, and I thought I'd ask my readers to help get this list to work for a good cause: getting more lawyers to learn about local government ethics. City Ethics will get nothing out of being named to the list. To see last year's list (it's broken up into categories; City Ethics would fall under "niche"), click here.

Gift Bans and Falling Sales

According to an article in the November 29 issue of The Economist, when China banned gifts to government officials, sales of the principal producer of baijiu, a sort of Chinese vodka, fell 78% in just a year.

The only sales that would likely go down if gifts were banned across the board in the United States would be restaurant and golf club sales. That is because petty bribery is less a problem here than the ongoing reciprocal relationships between lobbyists and the government officials their clients are seeking to influence.

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Gifts

This is the place to discuss limitations on gifts to officials and employees, and their family members. Probably no other aspect of ethics codes has so many different solutions. Please share your thoughts about and experiences with various attempts at solving this basic problem, and suggest language that you feel works well.

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