Safra Working Papers | City Ethics

Conflicts of Interest July 9, 2015

Reality and Perception

Long ago, experts in philosophy, physics, and psychology recognized that reality and perception are not as different as people used to think. And yet people continue to think it. One area where they continue to think it is government ethics.

Conflicts of Interest March 15, 2015

Recent CA Advisory Opinions re Proximity to Properties Involved in Land Use Matters

The Law of the Land Blog has recently summarized a number of California decisions regarding proximity, a conflict of interest issue that, for some reason, seems to come up primarily in California, due in large part, I suppose, to its 500-foot rule.

Conflicts of Interest November 28, 2006

Recusal

This is the place to discuss recusal, that is, withdrawal from participation when there appears to be a conflict of interest. Also see Transactional Disclosure, in the "Disclosure" section, where this issue will also be discussed.

100(3). Recusal

An official or employee* must refrain from acting on or discussing, formally or informally, a matter before the city, if acting on the matter, or failing to act on the matter, may personally* or financially benefit* any of the persons or entities listed in subsection 1 of this section.

Conflicts of Interest January 4, 2010

Recusal Involves Participation in Any Forum

One of the most common mistakes government officials make is to see recusal as involving only a decision whether or not to vote on a matter where they have a possible conflict of interest. A Phoenix council member and a city attorney appear to have made this mistake.

Conflicts of Interest November 12, 2008

Redistricting by Elected Officials as Conflict of Interest

California's Proposition 11 raises an interesting conflict of interest issue for local governments whose council members represent districts. Proposition 11 is "a plan to set up a 14-member citizens commission to draw district boundaries for state Senate, Assembly and Board of Equalization seats. State lawmakers currently have that power."

Ethics Commissions & Administration January 11, 2011

Regional Ethics Commissions via Interlocal Cooperation Agreements

On today's Palm Beach County (FL) Board of Commissioners agenda is approval of an Interlocal Agreement with the city of Lake Worth. The agreement is one of many that will be entered into between cities and towns in the county to give the county ethics commission jurisdiction over the municipalities' ethics training, advice, disclosure, and enforcement. The agreement is attached; see below.

Ethics Commissions & Administration February 23, 2011

Regional Public Integrity Officers in New York State

Update: August 26, 2011 (see below)

At the same time there is talk of local government ethics reform in New York State, the new attorney general has his own plan for local government oversight. But it is all criminal in nature.

Conflicts of Interest June 20, 2008

Registrars of Voters and Their Conflicts

If you were going to set up a local election system devoted to fairness and to voters, how would you have registrars of voters selected? Would you have them appointed or elected? Would you have them be party members or nonpartisan?

Click here to read the rest of this blog entry.

Ethics Codes & Reform September 17, 2008

Regular Review of Ethics Codes

In Arcata, California, according to an article in yesterday's Times-Standard, there is a policy to review the city's conflict of interest code every two years. This is extremely rare. Ethics codes are usually reviewed only when there is a scandal or when a mayor wants to add a feather to his or her hat.

Local Government Practice April 21, 2009

Regulating Ethics in a Bust

Booms and busts are common not only in a financial system. They are also common in government ethics.

Booms are when things are good, when local politicians seem worthy of our trust. Busts are when we find out that things aren't what they seemed. In other words, when there's a scandal.

Conflicts of Interest December 13, 2010

Relations Between Superiors and Subordinates: Three Cases from New York City

Here are three cases from New York City that involve relations between superiors and subordinates, one of the most important aspects of local government ethics. What is especially interesting is that two of these cases involve co-opting, in one case of subordinates, in the other of vendors. These cases were included in COGEL's ethics update last week.

Co-opting Subordinates

Conflicts of Interest March 1, 2013

Relationships, Relationships, Relationships

“It’s much to-do about not much. I’m trying to run a city, and you’re worried about people’s relationships?” These are the words of Mount Vernon, NY mayor Ernest Davis, who is the subject of IRS and FBI investigations, and now an investigation by the city's ethics board, according to an article in Wednesday's Journal News.

August 29, 2008

Removal of Local Government Officials by the Governor - The Detroit Situation

It's tough to get rid of officials guilty of serious misconduct. Recall and impeachment are long, grueling processes, which are of no value late in an official's term. Rarely is removal from office for an ethics violation an option, and ethics investigations and hearings, including appeal to a court, can take a long time, as well. It's easier when an official has been found guilty of a crime, but there are all sorts of ways to delay a criminal case. In the meantime, a city or county administration can come to a standstill, as is the case in Detroit.

July 19, 2008

Rep. Charles Rangel and How to Be Above the Past, Appearances of Impropriety, and Annoying Things Like That

Talk about the appearance of impropriety is, as Congressman Charles B. Rangel of New York is quoted in a recent New York Times article as saying, “annoying.” Why should there be anything more than a decision of his peerless peers on the House Ethics Committee, guilty or not guilty? Appearances of propriety are not for someone of Rep. Rangel’s ilk.

December 18, 2008

Report on Annual Reports I

Annual reports are, among other things, one of the most important, and overlooked, enforcement mechanisms.

December 19, 2008

Report on Annual Reports II

Because local governments' annual ethics reports serve so many purposes -- publicizing the ethics program's existence, educating officials and the public about what an ethics program includes, and making an example of those who do not file disclosure forms or are found to have participated in unethical conduct -- they should be made as easily, widely, and inexpensively available as possible.

And that means putting them up on the local government's website.

December 19, 2008

Report on Annual Reports III

There's a national local government annual ethics report that is worthwhile taking a look at. It comes from the International City/County Management Association (ICMA), the professional organization of city, county, and town managers. To my knowledge, no other local government executive or legislative professional organization allows ethics complaints to be brought against its members and enforces its code.

Campaign Finance & Pay-to-Play December 23, 2009

Report on Loopholes and End Runs Around Campaign Finance Laws from Center for Governmental Studies

End runs around ethics and campaign finance laws are one of my favorite topics to write about. A sizeable percentage of the creative energies of government officials and their attorneys seems to go into coming up with ways of getting around these laws. And then arguing that such laws are of little value since you can't plug loopholes as fast as they can invent them.

June 19, 2009

Report on Preferential Treatment Accusations Regarding Seattle Mayor

The Seattle Ethics and Elections Commission has published its report on the infamous Seattle snow scandal of last winter. There were numerous accusations that the mayor and other top officials had asked for and been given preferential treatment for their neighborhood when an unusual snowstorm hit Seattle.

Conflicts of Interest November 28, 2006

Representation and Appearances

This is the place to discuss how to prevent the conflicts that arise when a city official represents (or appears for) someone before the city or against the interests of the city. The difference between representation and appearance is explained in the comments below. Please comment on this division, and share your experiences and thoughts regarding this area of conflicts.