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Safra Working Papers

Conflicts of Interest February 8, 2014

Post-Employment Role Models

Government officials leaving office do not have to do just the minimum necessary to help gain the public's trust. They can do a lot more. And they can even make the rules they're following clear, so that they suggest an alternative to others and provide guidance.
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Local Government Practice June 7, 2011

Power Deviant Behaviors

With the "big news" this week being the sexting of Rep. Anthony Weiner, it seems appropriate to write about a piece I came across on the i-sight.com website entitled "Do All Workplace Fraud Investigations Lead to Porn?" The piece discusses the ideas of Ryan Hubbs, a forensic accountant.
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Conflicts of Interest September 22, 2009

Preferential Treatment - Fairness and Process

Preferential treatment is one of the most difficult ethics provisions to deal with, because it seems on its face so open-ended. Every time a decision is made, someone is preferred over someone else, whether it's a hiring decision, a contract award, or a zoning change. But if these decisions are made fairly and through the appropriate legal process, there is no preferential treatment.
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Conflicts of Interest November 21, 2008

Preferential Treatment - What It Is, What It Isn't, and Why

A controversy currently going on in Fairfield, CT reminded me that one of the more easily misunderstood provisions of an ethics code is the special consideration, preferential treatment, or favoritism provision. The version in the City Ethics Model Code reads as follows:

    An official or employee may not grant or receive, directly or indirectly, any special consideration, treatment, or advantage beyond what is generally available to city residents.
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Conflicts of Interest April 13, 2010

Preferential Treatment and Zoning Enforcement

What do you do when an official discriminates against you by sicking a local government inspector on you? This question was raised by David Owens in a post on the NC Local Government Law Blog.
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Transparency & Disclosure September 28, 2011

Preserving Records and Setting Up Responsible Gift Procedures

What can be done when a public agency that gives gifts to public officials destroys its gift records?
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Local Government Practice January 15, 2014

Prestige of Office Provisions

Some jurisdictions have an ethics provision entitled Prestige of Office that, among other things, limits work that officials can do outside of government. Here is the language that the Baltimore school district uses (this is essentially the same as the city government's Prestige of Office provision, but with the addition of the phrase "public position," which turns it into a basic misuse of office provision):
An official may not intentionally use the prestige of office or public position for the private gain of that official or the private gain of another.
It's certa
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March 18, 2011

Prince George's County (MD) Ethics Reforms Good, But Incomplete

Update: March 19, 2011 (see below)
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Transparency & Disclosure March 4, 2015

Private E-Mail Accounts and the Confusion of Person and Office

Hillary Clinton's use of a private e-mail account is not something that is done only at the federal level. Lots of mayors and council members, as well as other government officials, do public business on private accounts, even if they have a publicly provided cellphone and computer.

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Local Government Practice August 24, 2015

Private Police Forces and Government Ethics

What are the government ethics implications of private security when it goes beyond protecting specific businesses, malls, universities, and gated communities, becomes an adjunct to or replacement of an ordinary police force, and is done in conjunction with the public police force and, often, using off-duty public police officers?

Favoritism
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Transparency & Disclosure June 6, 2011

Privatization and Transparency

I've written a little about ethics issues involving quasi-governmental entities and private entities doing government work (oversight, misuse, and personal financial disclosure). But there are many other issues that arise, and become problematic, when public work is done by private entities.
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July 10, 2013

Problems Arising from a Bribery Case in Jefferson Parish, LA

Several interesting issues arise from a recent ethics case in Jefferson Parish, a suburb of New Orleans with about 430,000 people. According to an article in the Advocate yesterday, an employee of a large parish contractor sent the following e-mail to a council member's aide, who forwarded it to the council member:
“I would like to schedule a meeting with Councilman Spears to meet with Jim Martin, Vice President of GEC to discuss business development in District 3.
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Ethics Commissions & Administration July 20, 2010

Problems Involving Campaign Contributions by EC Members

I hate to see people resign with statements such as this, as typical as they are:
    While I have been assured that I have violated no existing code, ordinance or statute, I cannot permit my integrity — and, by insinuation, Councilwoman Hermann’s — to be attacked.
Sadly, these are the words of a former Kansas City (MO) ethics commission member, according to an article in the Kansas City Star.
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Transparency & Disclosure October 20, 2014

Problems Relating to Secret Local Govt Pension Fund Agreements with Private Equity Firms

Gretchen Morgenson's investigative piece in yesterday's New York Times is extremely disturbing.
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Ethics Commissions & Administration August 8, 2012

Problems with an IG Approach to Local Government Ethics

I believe that an ethics commission/ethics officer approach to local government ethics is far better than an inspector general approach. The simultaneous creation of an EC/EO approach in Palm Beach County, FL and an IG approach in neighboring Broward County provides a small laboratory for seeing which works better.
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Ethics Codes & Reform June 3, 2009

Problems with Ethics Provisions That Go Beyond Conflicts of Interest Issues

Update (9/30/09)
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July 3, 2012

Problems with Luzerne County's New Ethics Program

I have written three blog posts criticizing the ethics program created by Luzerne County, PA in response to one of the ugliest scandals in modern times.
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Conflicts of Interest August 5, 2014

Problems with Obtaining a Job with a Contractor for One's Agency

The Stamford (CT) Advocate's Angela Carella wrote an excellent column on Saturday about a post-employment (also known as revolving door) situation in Stamford. Entitled "In Ethical Questions, Appearances Matter," the column looks at the many problems with a school board member taking a job with a company that manages the school board's construction projects. He resigned his position the day before he accepted the job.
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Ethics Codes & Reform May 21, 2011

Problems with Reasonable Perception Language and Enforcement of General Policies

Last August, I wrote a blog post about the mayor of Tulsa accepting free legal services from an attorney who represented Tulsa in certain matters, that is, from a city contractor. The matter involved the council possibly filing charges against the mayor for allegedly lying about a federal police grant.
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September 11, 2010

Problems with Santa Fe County's Aspirational, Yet Enforceable Draft Code of Conduct

What is most remarkable about the proposed code of conduct for Santa Fe County (NM) is the fact that it was drafted by the county attorney. It reads as if it were put together by a citizens group in a community that has lost faith in its government officials.
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