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Safra Working Papers

A Pattern of Behavior Investigated, Secretly, as Distinct Acts

Investigations of purported ethics violations by the Middlesex County (MA) sheriff apparently led to his suicide on Saturday. According to a Boston Globe chronology, the sheriff filed papers for retirement on October 28, while running for re-election on November 2. His plan was to get a pension and a salary.

A Possible Cause of Action When an Official Retaliates Against a Citizen

What can a citizen do when a local government official falsely impugns her reputation and retaliates against her due to her opposition to a matter the official supports? The City Ethics Model Code has a provision that deals with an official falsely impugning a citizen's reputation, but very few ethics codes contain such a provision. And even our model code has nothing that deals with retaliation.

A Primer for Government Lawyers Faced with Officials' Conflicts

Today I came across the Municipal Research and Services Center of Washington (State) website. MRSC is "private, non-profit organization based in Seattle," whose mission is "to promote excellence in Washington local government through professional consultation, research and information services."

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A Proposal to Make New York City's Conflicts of Interest Board More Independent

The ethics commission for the largest American city, and the only one with a truly appropriate title — New York City's Conflicts of Interest Board — is appointed by the city's extremely strong mayor, with council approval.

If this old and highly respected EC were to be made independent of the administration it oversees, it would send an important message to the rest of the country's local governments.

A Proposed Procurement Review Task Force in Miami-Dade

The mayor of Miami-Dade County has announced the formation of a Procurement Review Task Force to, according to his May 6 memo (attached; see below), "improve and simplify our procurement process."

The principal goals of the task force are:
To ensure that all procurements continue to be conducted with the maximum level of transparency, fairness and integrity."

A Regional Solution to Regional Corruption

In February, I wrote seven blog posts applying some of the concepts and practices of nonviolence to the field of government ethics. This is effectively an eighth post. This time the inspiration is not a book, but the latest issue of the journal New Routes, entitled "Peace Without Borders: Regional Peacebuilding in Focus."

A Restricted Source Involved in a Preferential Arrest and a Questionable Third-Party Candidacy

Sometimes, conflict of interest matters come disguised as election law matters. Most of the time, due to secrecy, laziness, or an inability to draw lines between the dots, no one recognizes the conflict of interest matter. But sometimes, someone gives the game away, and it becomes clear how inextricable the two areas can be.

A Rotten Crop of Oranges in Tamarac, Florida

I talk a lot about poor ethics environments, probably the single most important element in unethical conduct. But since loyalty is the strongest force in such environments, a great deal of work is done to hide the existence of poor ethics environments. After unethical conduct is discovered, it is rare for anyone to set out just how bad things were.

A Second Constitutionality Opinion in Broward County, Just Like the First

According to a letter (attached; see below) from a Fort Lauderdale attorney hired to provide a second opinion on the constitutionality of a lobbying provision in the proposed Broward County ethics code, the Broward county attorney (who wrote the first opinion) has decided not to continue seeking a declaratory judgment due to its cost to the county and the likelihood that a decision would be too late to serve its purpose (see my recent blog post<

A Serious Sort of Local Government Preferential Treatment Is Before the Supreme Court Today

See update below
A central element of government ethics is that preferential treatment is bad. Preferential treatment is bad when it involves favoring officials' businesses or family members over other businesses and individuals. Preferential treatment is even bad when it involves officials' favorite charities. And preferential treatment is especially bad when it involves officials' religions.

A Sheriff Joe Campaign Finance Gambit


I don't normally deal with purely campaign finance issues, but this gambit is too good (or too bad) to pass by. The perpetrator of the gambit is our old friend Sheriff Joe Arpaio of Maricopa County, AZ.

You see, he's not running for sheriff again until 2012, but he doesn't like one of the guys who's running for county attorney in 2010, and he's got lots of money left over from the last election.