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Safra Working Papers

Ethics Codes & Reform September 8, 2015

Legal Ethics Should Not Be Confused with Government Ethics

Many local government attorneys insist that government ethics laws should not apply to them because they are covered by legal ethics rules. In fact, some government ethics codes have express exceptions for attorneys. I have always insisted that the two are very separate and should not be confused with each other. A recent Ohio Board of Professional Conduct of the Supreme Court decision shows how separate they are.

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Local Government Practice May 3, 2010

Legal Ethics vs. Government Ethics

Many government lawyers feel that the rules of professional conduct are sufficient to keep them ethical. Because of this, they sometimes seek to be excluded from an ethics commission's jurisdiction (see a recent blog post) and more often argue that the attorney discipline system takes precedence.
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Ethics Commissions & Administration June 14, 2012

Legislative Bodies Should Not Be Providing Ethics Waivers

Erosion of an ethics program can occur in many ways (see the section of my book on backsliding). In Louisiana (where the state ethics program has jurisdiction over local officials), there has been a great deal of erosion, regarding the ethics board's role in the ethics process, the standard of proof, and the exemption of state legislators to the extent they are involved in legislative activity.
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Enforcement & Complaints April 17, 2009

Legislative Immunity Goes Local: The Defense Was Just Used in an Ethics Matter in Baltimore

It had to happen soon:  a legislative immunity defense has been used in a local government ethics matter, albeit in a city where violations are criminally prosecuted. I happened upon it in my research on my last blog entry, about the Baltimore mayor's defenses of her taking gifts from a city developer when she was president of the city council.
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November 15, 2008

Legislative Immunity in Rhode Island -- A New Court Decision

I hadn't realized it, but two weeks ago Rhode Island Superior Court Judge Francis J. Darigan dismissed a state ethics commission case against the state's former senate president, William V. Irons, due to legislative immunity. Like the Louisiana decision, this one involved a basic conflict of interest - whether Sen. Irons should not have voted on a bill that gave financial benefits to a company for whom he worked.
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January 18, 2011

Legislative Immunity's Effect on Recent Investigations of Members of Congress

Yesterday's Washington Post has a long article on a topic one would expect to find in a law review: the effect of the Constitution's Speech or Debate Clause on the prosecution of members of Congress.

The article starts out with a strong statement: "A constitutional clash over whether House members are immune from many forms of Justice Department scrutiny has helped derail or slow several recent corruption investigations of lawmakers."
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Local Government Practice May 9, 2011

Legislative Immunity, Local Government Attorneys, and Bell, California

Going by the reaction of the news media and the Pulitzer committee, the most serious government ethics scandal of 2010 occurred in Bell, California, where the city's top officials were paying themselves huge salaries, taking advantage of an uneducated, uninvolved citizenry.
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Ethics Commissions & Administration May 4, 2009

Legislative Immunity: The Courts Are Wrong to Not Distinguish Ethics Enforcement from Prosecution and Civil Suits

One thing that keeps striking me about the recent decisions in the legislative immunity cases relating to government ethics is how little they attempt to distinguish cases outside the ethics field from these cases in the ethics field.

Is government ethics no different from criminal prosecution, no different from civil suits?

Narrowly-Drawn Statutes Such as Ethics Codes
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Conflicts of Interest May 31, 2012

Legislative Immunity: An Official's Motive Is Not At Issue in a Conflict Situation

A poor and disconcerting judicial decision on local legislative immunity came down on May 24 from the U.S. District Court for the District of Kansas, Kickapoo Tribe v. Black.
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Local Government Practice March 25, 2009

Legislative Immunity: The Constitutional Approach in R.I. and the Discipline Clause

I have treated the legislative immunity litigation in Rhode Island as the least relevant to other states and to local governments, because the ethics program was set up pursuant to a special constitutional convention. But an amicus brief filed this week by Common Cause of RI and the League of Women Voters of RI made me realize that a constitutional convention or, at the local level, a charter revision process, is a valuable alternative to consider for creating an independent ethics commission.
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October 3, 2012

Legislative Involvement in Administration: Problems in Broward County, FL

One of the most important ways of preventing ethical misconduct usually does not appear in an ethics code, because it does not involve a traditional conflict of interest. I am referring to non-legislative roles played by local legislators, especially roles that enable them to create a pay-to-play environment. These roles are played in the two principal areas where ethical misconduct occurs:  procurement and land use decisions.
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Conflicts of Interest November 1, 2010

Legislators and Pension Plans: The Class Exception vs. The Appearance of Impropriety

Government pensions are one of the most serious issues facing local and state governments. Most pension plans are underfunded, and the generous pensions, the relatively short vesting periods, and the low retirement ages that allow for at least one more career, not only cost taxpayers a great deal of money, but seem unfair to those without pensions or with far worse pension situations.
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Conflicts of Interest November 28, 2006

Legislators Employed by the City - Conflict of Interest

This is the place to discuss the special situation of legislators who are employed by the city, or have members of their household who are employed by the city, and how to handle this conflict.

100(2). Legislators Employed by City

A member of the legislative body has a conflict of interest with respect to any labor contract to which he or she, or a member of his or her household*, may be a party, and with respect to an appropriation to any city department or agency through which he or she, or a member of his or her household, is employed.

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Enforcement & Complaints March 7, 2009

Legislators Fending Off Ethics Enforcement -- Who Needs Legislative Immunity?

Two months ago, I wrote a blog entry about the en masse resignation of the Jackson County (MO) ethics commission, and said that this was a sign that things were seriously wrong in that county. Little did I know.
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Ethics Commissions & Administration July 5, 2010

Legislators' Independence of Ethics Enforcement

On Independence Day weekend, it's worth remembering that independence does not come cheap, and that there are some things that are more important than independence.
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Conflicts of Interest July 2, 2013

Leing (sic) Down a Gift Law

In Hawaii, "Aloha" is not just a greeting. It also is a way of treating people, of thanking them. In other words, it often involves a gift. That explains the headline of a Honolulu Civil Beat article yesterday, "Can Too Much Aloha Be a Bad Thing? Ask Hawaii's Ethics Commission."
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Campaign Finance & Pay-to-Play November 5, 2011

Lessig on the Effects of Elected Officials' Dependency Problem

Lawrence Lessig's excellent new book Republic, Lost: How Money Corrupts Congress—and a Plan to Stop It (Twelve, Oct. 5, 2011) is about Congress and mostly about campaign finance, but it is also an important look at institutional corruption that has some valuable things to say that are relevant to local government ethics.
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Local Government Practice January 18, 2010

Lessons from Mistakes Made in a Connecticut City

Assuming you can learn a lot from the mistakes made in local government ethics matters in cities and towns other than your own, there is a great deal to learn from a simple ethics matter that, through a number of mistakes, oversights and, apparently, partisanship has been turned into a big issue in the city of Torrington (CT; pop. 36,000). There's also a lesson to be learned about the confidentiality of ethics commission decisions.

The Need for Regular Ethics Commission Meetings
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Ethics Codes & Reform December 18, 2007

Lessons to share from ethics reform in Winter Park

In this article published in the Orlando Sentinel, the "Consultant" referred to was Carla Miller, of CityEthics, in a workshop presented in the spring of 2007.

From: http://www.orlandosentinel.com/news/opinion/views/orl-ethics1707dec17,0…

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April 22, 2007

Let's strip corruption of dignity - Prof Mensah-Bonsu

From: Ghana News Online

Professor Henrietta Mensah-Bonsu of the University of Ghana says corruption can only be eliminated if people face up to it and strip it of "the dignity conferred on it with fond names" for the society to see it for what it is.

She expressed regret that people approve of petty official corruption and have even coined fond names for such acts.

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Pagination

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