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Safra Working Papers

Conflicts of Interest November 9, 2009

How a Board Should Handle a Member's Contract Conflict

An interesting disagreement has arisen over what is required for a contract with a council member to constitute a conflict of interest in California. According to an article in the Valley Chronicle, the city of Hemet and the League of California Cities disagree with a grand jury about whether a particular council member has a conflict. The council member is the executive director, and her salary, taxes, etc.
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Campaign Finance & Pay-to-Play October 14, 2014

How a Huge Corporation's Political Spending Can Change a City's Ethics Environment

In the last few years, one of the biggest topics in the general area of government ethics, including campaign finance, lobbying, and transparency, has been the effect of huge campaign contributions by corporations and billionaires, which has become increasingly doable pursuant to a series of U.S. Supreme Court decisions.
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Local Government Practice May 29, 2012

How a Mayor's Special Obligations Affect His Right to Remain Silent


Washington Post columnist Robert McCartney raised an issue in a column this weekend that I feel should be taken seriously. The background story is that two of the current D.C. mayor's campaign aides confessed to having paid a mayoral candidate, and offered him a job in the coming administration, for him to relentlessly criticize the then mayor, who was running for re-election.
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Transparency & Disclosure November 16, 2012

How and Why to Bring Budget Transparency to a City Near You

It's a nice coincidence that, just when I was preparing to write a blog post about a trendy thing in the corporate world called "open-book management," the former comptroller of Dixon, IL, Rita Crundwell, pleaded guilty to a federal fraud charge that she siphoned more than $53 million from the town of only 16,000 people (over a period of 21 years), according to an article in the Chicago Tribune.
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Local Government Practice June 10, 2009

How Bystanders Can Put an End to Political Bullying

It should come as little surprise to people involved in local government that a New York Times article about bullying among ten- and eleven-year-olds has a great deal of relevance. I said for years about my town's government that its major participants were like ten-year-old boys on a playground, taunting, playing games of intimidation, spreading false rumors, keeping communal secrets, excluding whoever doesn't go along, and staying loyal to those in control so that they aren't excluded themselves
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March 4, 2011

How Can I Hamper Thee? — Let Me Count the Ways

In the last installment of the ongoing Stamford (CT) ethics battle, the major antagonist had reached a settlement with the ethics board, and the principal cases, both ethics proceedings and a federal suit against the ethics board and the ethics complainants, were withdrawn. But this is a grudge match, and the major antagonist, who resigned from his position as chair of the board of finance, has friends. So the battle goes on.
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Conflicts of Interest July 15, 2011

How Candidates Should Deal Responsibly with Conflicts

A post yesterday in Coates' Canons: NC Local Government Law Blog raises an interesting issue about the situation of a local government candidate who has an interest in a contract with the local government which, by NC law, is prohibited not for candidates, but for a winning candidate the day he or she takes office. This provides a good occasion to look at the intersection of candidates and local government ethics codes, outside of the more common campaign finance issues.
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Ethics Commissions & Administration January 18, 2013

How ECs Can Preserve Their Full Allotment of Members

I learned this week that the board I administered until last July, the New Haven Democracy Fund board (the Fund is a public campaign financing program for the city's mayoral election), no longer has enough members to hold an official meeting. The seven-member board has three members, and it needs four members to have a quorum.
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April 14, 2008

How Entitled Should Voter Registration Employees Feel?

People use sunshine laws to retaliate against political opponents (it’s easy to find technical violations and use them to show an opponent is not being open; and you don’t even have to find them: newspapers write up baseless allegations just the same). But it is rare that sunshine laws lead to fisticuffs.
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Local Government Practice July 4, 2007

How False Rumors Can Undermine a City's Ethical Environment

If you had no knowledge of government ethics, and you were asked what, on a day-to-day, moment-to-moment basis, was the most frequent form of unethical behavior in municipal government, you might say 'passing rumors along.' That's the meat and the potatoes of every organization's conversations, and it's only the most self-controlled of us who don't partake in producing, consuming, and passing along rumors, at least occasionally. We know rumor mongering is wrong, even as we do it. But rarely does it have devastating consequences (we assure ourselves, if we think about it at all).
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Local Government Practice January 6, 2014

How Lobbying Is Changing

There is lobbying, and then there is lobbying. One of the most difficult things about regulating lobbying is defining what it means to lobby. And according to an op-ed piece last week in the New York Times by journalism professor Thomas D.
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Campaign Finance & Pay-to-Play June 10, 2009

How Loudly, Personally, and Ignorantly Money Can Speak

Money rarely speaks as loudly and personally as it did for Tom Golisano, a billionaire who appears to have been the principal force in pushing the Democrats out of power in Albany, after he was snubbed by the party to which he has been a principal patron. And rarely has a good government advocate shown so clearly that he doesn't even know what government ethics is.
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Conflicts of Interest February 23, 2009

How Many Hats Should a Law Enforcer Wear?

An article deep in the first section of this Sunday's New York Times presents an interesting ethical dilemma. In New York State, it used to be common for state troopers and local police officers to negotiate, effectively plea bargain, at the courthouse with people they'd given tickets to. And then, in 2006, the State Police set a policy banning this practice.
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Conflicts of Interest February 1, 2011

How Massachusetts Handles Favors and Favoritism

In my recent blog posts about Gwinnett County, especially the first, I spoke about how the problem of not following formal processes is a serious government ethics problem, but is often not covered by ethics codes.
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Conflicts of Interest December 21, 2007

How Much Expertise Is Too Much?

It is natural for a current or former firefighter to be interested in serving on a fire commission, or a current or former teacher in serving on a school board. But is there an ongoing conflict of interest in doing so? The question arose on the Milford, Connecticut school board recently. Three members are former school teachers who held union leadership positions. Click here to read the rest of this blog entry. Another school board member asked them to recuse themselves from hearing union grievances.
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Transparency & Disclosure November 20, 2013

How Much Needs to Be Disclosed?

Maryland has a rule that local ethics ordinances must require the disclosure of all an elected official's real property, stocks, and bonds. According to an article in the Carroll County Times, the Mount Airy council keeps passing an ethics ordinance that requires the disclosure only of real property in Mount Airy and surrounding counties, but nowhere else.
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Conflicts of Interest September 26, 2008

How Much of a Company Must an Official Own Before There Is a Conflict of Interest? - A Story from Missouri

A difficult aspect of government ethics is the percentage of a company that must be owned by a government official in order for there to be a conflict of interest. The figure chosen for ethics codes is usually 5%.

The City Ethics Model Code uses the following language in defining "outside employer or business":
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Ethics Codes & Reform May 9, 2012

How Not To Accomplish Ethics Reform

Here are three instances of ethics reform that, I hope, would not happen if someone involved had read the chapter on ethics reform in my Local Government Ethics Program book.

Copying a Local Town's Code
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Enforcement & Complaints October 5, 2007

How Not to Deal with Sunshine and Ethics Matters

I also write a blog relating to my town's government. One purpose for starting the blog, and its sister information website (the town's website is so limited, it doesn't even include town ordinances, the town's code of ethics, or the town charter), was to create a model that could be used by people in other towns who are faced with an administration that is closed and acts unethically.
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Ethics Codes & Reform October 27, 2010

How Not to Educate the Public About Government Ethics

More election-related news. Here are two arguments against an amendment to the Utah constitution that, if approved by voters on November 2, would establish a partially independent legislative ethics commission. The arguments are made in an official ballot issue publication of the state of Utah.
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