Safra Working Papers

Resources & Learning February 19, 2015

IC Course Lecture: CORRUPTING INFLUENCES

Lecture by Dr. Bill English

Larry Lessig has a concept of Institutional Corruption (IC) as a deviation from the purpose of the organization.  This is shown graphically by a compass pointing north--true north is the purpose of the organization; if you get pulled off of true north (like with a magnet pulling the compass off of north), that represents corrupting influences.

So the number one question is what is the purpose of your organization?  Why does it deviate from that purpose?

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Transparency & Disclosure June 2, 2014

If Fiduciary Duty Governs Financial Advice, Why Not Ethics Advice and Officials' Disclosure?

One of the great things about discussions of the conflicts of interest of people in the securities world is that "fiduciary duty" is considered the basis for the rules that govern their relationship with government officials and others. In discussions of the conflicts of interest of those whom they deal with in municipal governments and those who provide other sorts of advice or products to municipal governments, "fiduciary duty" often goes unmentioned.
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Campaign Finance & Pay-to-Play July 17, 2008

If Only a Large Campaign Contribution Could Be Considered a Conflict of Interest -- The Westminster Approach

In ethics codes, campaign contributions are sacrosanct. Nearly every ethics code excepts them from the definition of "gift," "personal benefit," "anything of value," or whatever they call money and goods given to government officials and employees. Limiting campaign contributions is a matter for campaign finance laws, because there is no conflict of interest involved.
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Ethics Codes & Reform March 7, 2011

Ignorance or Faux Ignorance re Government Ethics?

What politicians say about a government ethics issue is sometimes so devoid of a basic understanding of government ethics that it's hard to believe that they are not being willfully ignorant (i.e., not discussing ethics matters with ethics professionals) or cynically disingenuous. If only there could be some requirement that, before an official opens his or her mouth to say something about government ethics, he or she actually discussed the matter with someone who does understand it. Not any lawyer, but a professional in the field.
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October 21, 2009

Illinois Ethics Reform Poll and Blagojevich News

Blago watchers will be interested in the news in today's Chicago Tribune about his former chief of staff and campaign manager pleading guilty and providing detailed testimony about the schemes of Blagojevich and three of his friends to make money off Blago's position, "such as through operating businesses that would get state money or receiving fees from people who did business with the state."
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Conflicts of Interest December 16, 2010

In Baltimore County, A Chinese Wall Is Not the Answer

Chinese walls, that is, ways to separate an official from a matter as to which he has a conflict, are a perfect way to appear to be responsibly handling a series of possible conflicts, but are these walls great or are they window dressing? And even if the walls truly work, are they enough to deal responsibly with a series of possible conflicts?
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Ethics Commissions & Administration May 26, 2009

In Dependence: Ethics Directors, Their Commissions and Politicians

One of the big stories in government ethics this week involves an attempt in Tennessee to consolidate the state ethics and campaign finance commissions, which on its face sounds like a good way to save money during these tough times. But when politicians deal with ethics laws and bodies, things are rarely that simple, especially when the state's ethics director is fired in the midst of the debate.
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Enforcement & Complaints November 19, 2010

In Ethics Enforcement, the Criminal Process Can Be Even Less Effective Than the Ballot Box

There are three basic approaches to enforcing ethics laws:  through ethics commissions, through the criminal process, and through the ballot box. I strongly oppose using the criminal process for ethics violations (see an earlier blog post), and feel that the ballot box is far too crude a way to enforce ethics laws, especially considering that voters do not have the facts or know the laws.

A situation in Santa Clara County (CA) shows that the criminal process can actually be even less effective than the ballot box.
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Campaign Finance & Pay-to-Play May 29, 2011

In NJ, Large Campaign Contributors Have a Conflicted Relationship

Good news:  Westminster is not alone. No, I am not referring to the British Parliament or the New York dog show. I am referring to the Westminster, CO law that says that a campaign contributor has a relationship with the recipient of a sizeable campaign contribution that gives rise to a conflict of interest and requires the recipient's withdrawal from participation in any matter involving the contributor (see my blog post on what I call the Westminster Approach).
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Ethics Codes & Reform May 9, 2014

Including Subcontract Lobbyists in a Lobbying Code

One of the areas where government ethics laws are weakest is the indirect relationship, such as when a gift is given not to an official, but to an official's spouse or child; an official's business relationship is not with a developer, but with the owner of the developer's parent; an official's aide participates on a recused official's behalf; or an official participates in a contract matter when she has a family relationship with the owner of a subcontractor that is not directly involved in the bid.
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October 9, 2013

Increased EC Authority and Access to Annual Disclosure in California

Some good news from California, which takes an odd, hybrid approach to local government ethics. It has a state ethics commission (the Fair Political Practices Commission (FPPC)) that has limited authority over local officials in the areas of conflicts of interest and campaign finance. And the state has many local government ethics programs, which are all over the place in terms of quality and areas over which they have authority.
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