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Safra Working Papers

Conflicts of Interest August 29, 2011

Making Use of Expertise

Let's say you're a professional who wants to give something back to your community by serving on a city board or commission. You open up the newspaper and read that your mayor is saying, "It is not the five of us commissioners who make the city great. It's the citizens who are passionate about it, and now we're telling them, 'Sorry you can't serve.'"
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Enforcement & Complaints November 19, 2011

Making Your Own Good Luck

Imagine this story. A mayor calls a group of local contractors and developers to a closed meeting on furthering economic growth in the city. The guests are given a welcome pack, and in the welcome pack is a plain brown, unmarked envelope. The mayor ran on a platform of stopping corruption, but the contractors and developers have seen this happen before. Politicians are all the same, they think.
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Campaign Finance & Pay-to-Play February 9, 2011

Managing Risk and Tracking Unethical Companies

Local governments cannot afford to do the level of due diligence that corporate compliance offices do on a regular basis. But it is worth looking at how corporate compliance offices and corporate executives deal with other entities that are found to be involved in unethical activities.
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Ethics Codes & Reform November 10, 2009

Mandatory Local Government Ethics Training in Massachusetts Is Not Being Warmly Greeted


Update: November 13, 2009 (see below)
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September 26, 2009

Maricopa County 1 - Local Government Association Officer-Campaign Contributions

Update: 9/30/09
I was asked to do a short interview on Phoenix's NPR station KJZZ yesterday, to provide a government ethics view on issues relating to the latest battle in the uncivil war among elected officials in Maricopa County, the county that includes Phoenix. My research into what is going on raised all sorts of interesting issues. I'll deal with them in multiple blog posts.
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September 27, 2009

Maricopa County 2 - Perjury Charges as Ethics Enforcement, and Officials' Trust in the Public

Both times Maricopa County Supervisor Don Stapley has had criminal charges brought against him, the counts included perjury charges for omissions on disclosure forms (2008 charges, 2009 charges). Is this the best or even an appropriate way to handle such omissions?
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Transparency & Disclosure September 29, 2009

Maricopa County 3 - Disclosing Properties Owned by a Corporation

A central dispute in the first group of charges brought against Maricopa County Supervisor Don Stapley involved whether he was required to disclose properties held by a company he owned, as long as he listed the company among his assets. Stapley felt this was not required.
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Ethics Commissions & Administration September 29, 2009

Maricopa County 4 - Local Government Attorney Prosecutions of Those They Represent

One of the more interesting battles in the civil war among Maricopa County elected officials is the Battle of the Civil Division. When the county attorney indicted County Supervisor Don Stapley in December 2008, the board of supervisors decided to take away the county attorney's civil division and create a separate county civil law department.

The Conflict of Representing and Prosecuting Officials
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September 30, 2009

Maricopa County 5 - Practicing What You Enforce Is Only Fair

A week ago I wrote a blog post about preferential treatment, emphasizing that the way to distinguish preferential treatment from ordinary decisions and transactions, where someone is commonly preferred over others, is by whether the treatment is fair and whether the regular process is followed.
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August 1, 2012

Maryland Local Ethics Requirements

It's a good idea for states to encourage the creation of local government ethics programs by drafting model ethics codes. It's also a good idea for states to require minimal local government ethics provisions. What is not good is model codes and minimal requirements that are not accompanied by explanations and do not provide alternatives and recommendations for improvements. Such codes and requirements can, among other things, provide support for officials who prefer a poor, limited, ineffective ethics program to a good, comprehensive, effective one.
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April 21, 2009

Maryland Prosecutor Concedes Council Members' Legislative Immunity in Non-Criminal Ethics Proceedings

Once again, it has been proven that placing ethics in the hands of prosecutors can be damaging to the cause of government ethics. The proof this time is in the state prosecutor's opposition to the Baltimore mayor's motion to dismiss criminal ethics charges against her, partially on account of legislative immunity.
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Enforcement & Complaints November 14, 2008

Massachusetts Catches the Legislative Immunity Virus - Is it Time to Take a Fresh Look at the Ancient Speech & Debate Clause?

This week, another state ethics commission is facing a defense of legislative immunity. The state is Massachusetts, and the legislator happens to be the speaker of the house, Sal DiMasi.
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January 26, 2009

Massachusetts House Speaker To Resign

Massachusetts House Speaker Sal DiMasi will be resigning his house seat tomorrow, according to an article in today's Boston Globe. DiMasi is currently being investigated by the Massachusetts Ethics Commission, and he has raised a defense of legislative immunity against its re
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May 19, 2015

Max Bazerman

TRENDS IN ETHICS TRAINING

MAX BAZERMAN

Max is the Straus Professor at the Harvard Business School and the Co-Director of the Center for Public Leadership at the Harvard Kennedy School. He is also formally affiliated with the Program on Negotiation.

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March 27, 2014

Mayor of City with Self-Regulating Ethics Program Arrested for Bribery

Another mayor has resigned after getting caught by an FBI sting. According to an article in yesterday's Charlotte Observer, Charlotte's mayor, Patrick Cannon, has been alleged to have accepted bribes from undercover agents in return for promises to help them. His alleged crimes occurred when he was a council member and in the five months since he became mayor.
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October 28, 2010

Mayor Resigns to Make an Ethics Point

Here's an interesting twist. The mayor of Watervliet, Michigan (pop. 1,900) resigned in protest after the city commission interviewed one of its own members for the apparently paid position of city treasurer, according to an article in the Herald Palladium on Tuesday.

The commission (six commissioners and the mayor, who votes only to break ties) chose to interview one of its members after the city attorney advised not to do so.
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Conflicts of Interest August 28, 2007

Mayoral Allowances - An Alternative Solution to Preventing Unethical Conduct

Taiwan has come up with the perfect way to prevent mayors from misusing government funds.
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Ethics Commissions & Administration March 15, 2012

Mayoral and Council Interference with EC Member and Staff Selection

The independence of ethics commissions and their staff is the single most important aspect of a government ethics program.
Who selects the commission members and their staff, and how, colors everything about an ethics program and determines, more than any other factor, whether the public has confidence in the commission's advice and enforcement of an ethics code. So the news from Washington, DC and Atlanta is not good.
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Transparency & Disclosure June 6, 2014

Mayoral Disclosure of Meetings with Lobbyists in New York City

Good news and bad news about lobbying from New York City's new mayor. The good news, according to a recent article on the Capital New York website, is that the mayor has said that his administration will disclose "substantive" meetings that members of his administration conduct with lobbyists. This is, he says, a practice he followed when he was the city's public advocate (a sort of ombuds), before he was elected mayor.
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Conflicts of Interest August 13, 2012

Mayors and Post-Employment Restrictions

When it comes to post-employment restrictions, a mayor should not be considered as just a member of the legislative or executive branch, no matter what the form of government (strong mayor or mayor-council). A mayor has a special status that sets her apart from other local officials. Post-employment restrictions that apply only to one's branch or agency should not be relevant to a mayor. During the cooling-off period, a mayor should not do business with or lobby the government at all.
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