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Safra Working Papers

Conflicts of Interest March 1, 2009

Labor Peace Through Unethical Conduct

Rarely does an ethics commission get a clear chance to show it has no favoritism. The Nevada Commission on Ethics will soon get that chance.

The Nevada senator who raised a legislative immunity defense last year against the commission was accused of a conflict of interest due to his position as president of the Las Vegas chapter of Associated Builders and Contractors (ABC), a nonunion contractors association.
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Transparency & Disclosure July 29, 2010

Lack of Transparency and Voter Indifference Can Make a Big Difference

Update: September 23, 2010 (see below)

Lack of transparency and voter indifference, especially relating to technical issues, are often considered minor issues not central to local government ethics. What happened the last few years in Bell, California (pop. 37,000; Los Angeles County) should make people think again about how central transparency and citizen participation are to preventing unethical conduct by local government officials.

Transparency
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December 22, 2010

Large Contracts, Bid Rigging, and Pension Boards in Detroit

What can local government ethics professionals learn from what has come out in the recent indictments of former Detroit mayor Kwame Kilpatrick, his father, the city's director of water and sewerage, Kilpatrick's CAO and CIO, and a city contractor?
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February 22, 2018

Larry Lessig's 7 minute plenary speech at the #UNRIG conference in New Orleans

Fix Democracy, First

Watch it on youtube here: https://www.youtube.com/watch?v=kMK4rbGJkNw

Lots of coverage of the Summit here on the official website: https://unrigsummit.com/
​
Text of Larry's speech From: https://medium.com/@lessig/fix-democracy-first-1fd1b811722f

What follows is the text for my 7m (or so) speech at the #UNRIG conference in New Orleans at the begin

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Campaign Finance & Pay-to-Play June 3, 2009

Laundering Money Through Law Firms

According to an article in today's Boston Globe, former Massachusetts Speaker of the House Sal DiMasi was indicted by a federal grand jury on a variety of public corruption charges (see my blog posts on DiMasi's
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Ethics Codes & Reform May 12, 2008

Law + Character Do Not = Ethics

According to a recent article in the Fort Worth Star-Telegram, Fort Worth's mayor, Mike Moncrief, made $633,000 last year from the oil and gas business. He also has an interest in several real estate developments. A committee, appointed by the mayor and council, will soon be making recommendations on rules for natural gas drilling and on fees that affect real estate development.
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Enforcement & Complaints November 26, 2013

Law Firm Turns to Logical Fallacies to Defend Its Non-Compliance with Ethics-Related Subpoenas

In New York State, lawyers are once again insisting that they are an exception to ethics laws. The Moreland Commission, a special investigatory commission called by the governor and consisting of district attorneys and other law enforcement officials, has subpoenaed the employers of several state legislators. According to an article in the Democrat and Chronicle, most of the employers quickly complied with the subpoenas and provided the requested information.
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Ethics Commissions & Administration August 21, 2012

Law vs. Function, and Oversight

An interesting issue has arisen in Louisiana. It involves an important distinction in government ethics, between law and function.
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June 9, 2009

Lawsuits, Legal Fees, and County Attorney Conflicts in El Paso Ethics Complaints Battle

In the midst of a big corruption probe, a pair of back-and-forth ethics complaints filed with a nearly toothless ethics commission in El Paso doesn't seem like much. But it does sheds some light on how much El Paso government is about the players rather than the citizens. And it touches on some issues that are important everywhere, including the use of lawsuits to cripple ethics commissions, legal fees for ethics defense, local government attorney conflicts, and city-county relations.
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Conflicts of Interest April 27, 2010

Lawyer Exceptions and Preferential Treatment

According to an editorial in the Press Democrat, the city council in Santa Rosa (CA), a city of about 150,000 north of San Francisco, has postponed consideration of an ordinance requiring city lobbyists to register, supposedly due to complaints from nonprofits who do not want to pay the $120 fee.
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Conflicts of Interest January 23, 2015

Lawyer-Client Confidentiality and Money Laundering

The arrest of New York state senate majority leader Sheldon Silver points to an ongoing institutional problem that is not limited to New York state:  the law firm as the perfect place to launder money. The reason for this is that lawyer-client confidentiality, at least as it is often practiced, allows a law firm, and the public office holders who are part of or do work for it, to keep its clients, its services, its receipts, and its payments secret.
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Ethics Codes & Reform March 30, 2010

Lawyers Who Want to Be Excluded from Government Ethics Codes

Government lawyers enjoy exceptions to transparency laws. Should they also be excepted from government ethics laws? Atlanta senior assistant city attorney Robert N. Godfrey thinks so, according to an article in yesterday's Atlanta Journal-Constitution.
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Ethics Codes & Reform February 7, 2009

Leadership and Obstacles to Ethics Reform

I recommend an essay by Donald Menzel from the October issue of PM, the magazine of the International City-County Management Association (ICMA), entitled "Strengthening Ethical Governance in Local Governments." Menzel is a former president of the American Society for Public Administration, author of Ethics Management for Public Administrators: Building Organizations of Integrity, and co-editor of Teaching Ethics and Values: Innovations, Strategies, and Issues in Public Administration Prog
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March 26, 2010

Leadership and Trust as Obstacles to Regional and Merged Services and Governments

There are many obstacles to local governments working together or merging in order to provide services at lower costs to taxpayers, but the one that is hardest to put a finger on is the self-interest of officials. Or at least that's how I read a new report from Wisconsin's Local Government Institute called A Roadmap for Government Transformation.
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Transparency & Disclosure December 2, 2015

Leading the Way on Lobbying Disclosure

When it comes to lobbying disclosure, local government agencies should lead the way. According to an article in the San Diego Reader, this is not the case with the San Diego Airport Authority, whose lobbying firm did not disclose any of the lobbying it did for the Authority in the first half of 2015.
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Local Government Practice October 9, 2010

Learning and Forming a Local Government's Unethical Environment

I chose to specialize in local government ethics because this is where it all starts. This is where the individuals who become our representatives experience their first unethical environment, become team players, learn the rules of the game, and begin to feel a special entitlement.

One good thing about election time is that we sometimes get the back stories of individuals running for higher office. We get to see how they started. One such individual is Carl Paladino, a candidate for governor of New York State.

A Local Developer Regulating Local Development
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Campaign Finance & Pay-to-Play October 15, 2009

Leaving Unions Out of Pay-to-Play Laws


Update: February 2, 2010 (see below)

A recent New York Times article concerns a potential conflict in the city council speaker's office. But what is most interesting about the article is the bigger question it raises about differentiating between businesses and unions in pay-to-play laws.
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Transparency & Disclosure May 9, 2008

Legal Advice and Government Accountability

Elizabeth Wolgast’s 1992 book, Ethics of an Artificial Person: Lost Responsibility in Professions and Organizations, raises some very important government ethics questions. I will deal with just one of them here. The term “artificial persons” includes lawyers and government officials who are considered to act in the name of others. Wolgast’s book looks at the problems such artificial persons cause with respect to our ordinary views of such ethical issues as responsibility and accountability. Too often, Wolgast says, lawyers and government officials hide behind their roles.
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Conflicts of Interest July 23, 2009

Legal Defense Funds as Misuse of Office and Gifts

Update: June 29, 2010 (see below)

I thought I would never write about anything concerning Gov. Sarah Palin again, but the report on an ethics complaint against her, regarding the fund created to pay the legal expenses from her defense against prior ethics complaints, is too interesting and valuable to ignore.
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Ethics Codes & Reform January 4, 2009

Legal Does Not Mean Ethical

Roland Burris's acceptance of Illinois Governor Rod Blagojevich's offer of Barack Obama's former U.S. Senate seat is based on a willful, self-serving misunderstanding about the difference between ethics and law.

Here is what Burris told MSNBC in a December 31 interview (video and transcript):
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Pagination

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