Safra Working Papers | City Ethics

May 1, 2009

The Defense of the Nevada Legislative Immunity Amendment Falls Short

I listened yesterday to the testimony of Kevin Powers, a member of the Nevada Legislative Counsel's office, to the House Committee considering the legislative immunity amendment I discussed in yesterday's blog post. He was very impressive, with all the facts and laws at his fingertips. But his defense and explanations fell short of convincing me (but apparently not the legislators) that the amendment is appropriate.

Conflicts of Interest November 24, 2009

The Desire for Good Relations as a Conflicting Interest

An article in the Riverside (CA) Press-Enterprise this week raises two interesting government ethics issues. One involves conflicts based on a business-related desire to have good relations with the local government. The other involves conflicts based on campaign contributions to elected officials who serve on an ethics commission.

Good Relations

Conflicts of Interest September 24, 2013

The Difference Between Conflicts and Gifts

There is a great deal of misunderstanding concerning the difference between a conflict of interest and a gift. It appears that most people consider them two completely different things. In fact, they represent two kinds of conflicts, pre-existing conflicts and conflicts that are created by an event. The confusion between the two characterizes a situation that led to an ethics complaint in Los Angeles.

Ethics Codes & Reform April 20, 2008

The Don't Ask, Don't Tell Approach to Ethics

In a long and very important article in today’s New York Times about the conflicts of interest of so-called television and radio network military analysts, one analyst says that the network he works for asked few questions about analysts’ outside business interests, the nature of their work, or the potential of that work to create conflicts of interest. “The worst conflict of interest was no interest,” he said. Hiring military analysts who work for military contractors and whose writing is vet

Ethics Commissions & Administration April 11, 2008

The Duties of Ethics Board Members: The Bad Example of Detroit

Do ethics board members have a duty to follow more than the letter of their ethics code? This issue has arisen with respect to the Detroit Board of Ethics. The Board’s chair, attorney Reginald Turner, joined the membership (that is, fundraising) committee of a defense fund for Mayor Kwame Kilpatrick. A complaint has been filed against the mayor with the Board of Ethics. Therefore, the Board chair is helping to raise funds to defend against a case that may come before the Board.

Ethics Commissions & Administration July 28, 2009

The EC Appointment Process: Watchdog or Lapdog?

Update below
The only thing worse than stacking ethics commissions with politically active, and apparently loyal, members is refusing to renew the term of a member who has been a vocal advocate of government ethics, in other words, a thorn in the side of officials who do not follow the local government's ethics codes. Clever officials know that one or two members of any board can have a strong effect on what the board does.

Ethics Commissions & Administration June 18, 2011

The EC Selection Process and Recusal

When an ethics commission and its staff are at odds, and the commission is dealing with complaints against high-level officials, it is always best for everyone when those officials had nothing to do with the selection of the ethics commission's members or its staff. In other words, you never fully appreciate an EC's independence, in terms of its selection process, until things get ugly. Things got ugly in Georgia this week.

September 19, 2008

The Economic Crisis - Public vs. Private Interests Once Again

The current economic crisis provides an important opportunity for government ethics professionals. It takes our eyes out of the trees -- individual government officials' conflicts of interest -- and lets us see the forest.

Here's an excerpt from Senior Fellow Benjamin Barber's Huffington Post blog entry today (Barber is author of the classic book Strong Democracy):

March 22, 2013

The Educational Opportunities of a Local Ethics Case in Massachusetts

A settlement in a Massachusetts ethics proceeding can be used as an educational opportunity in several ways.

Local Government Practice April 17, 2009

The Effect of a State's Ethics Environment on Local Governments' Ethics Environments

One of the principal reasons I have focused my energies on local government ethics is that most people learn their government ethics at the local level. What they see people doing on councils and zoning boards, they do on state legislatures and commissions, and then again at the federal level.

But things go the other way, as well. Disdain for government ethics at the state level can affect the ethics environments of that state's local governments. This appears to be happening in Missouri.

Enforcement & Complaints July 6, 2012

The Effect of Ethics Violations on Job Prospects

Should an ethics violation be an impediment to future jobs? In general, I don't think so, especially when the violation was handled responsibly, that is, without a denial, cover-up, and costly, unnecessary investigation and hearing process. But sometimes ethics violations involve much more than the failure to deal responsibly with a conflict.

Local Government Practice September 17, 2011

The Effect of Making a Legislative Immunity Defense

Another serious problem posed by making a legislative immunity defense in the local government ethics context can be seen from reading the recommendation of the investigating panel of the Stamford (CT) board of ethics. In the section that provides reasons for dismissal of a complaint brought against a council member, the panel wrote:

The case also presents significant legal issues arising from [the respondent's] assertion of legislative immunity and First Amendment protectio

Ethics Commissions & Administration January 6, 2010

The Effect of NYC's Conflicts of Interest Board on the Ethics Programs in New York State's Larger Cities

New York City's Conflicts of Interest Board is one of the premier ethics commissions in the U.S. One would assume that its rules and procedures would provide an example, as well as guidance, for the rest of the state. So I would like to look at ethics programs in the other largest (although not large) cities in the state, in order by population.

Buffalo

Local Government Practice June 16, 2011

The Effect of the Wisconsin Supreme Court Open Meetings Decision on Local Government Ethics

According to the Wisconsin Supreme Court majority, a state legislature does not have to follow ethics laws, even ethics laws expressly designed to meet constitutional requirements. This shocking statement comes from the opinion in the case Wisconsin v. Fitzgerald, which I discussed in a recent blog post.

Ethics Codes & Reform May 24, 2009

The Effects of an Inadequate Ethics Code

There are many perils of an inadequate local government ethics code, as can be seen in Colorado Springs, which passed an ethics code in 2007. Last week, I wrote a blog entry about the new ethics commission's first complaint.

Ethics Codes & Reform January 22, 2014

The Effects of Ethics Reform in Louisiana

One of the biggest problems in government ethics is determining whether ethics reforms "work." A well written article in the Advocate looked at Louisiana's ethics enforcement since the reforms instituted by Gov. Jindal became applicable in 2009. Louisiana's ethics program has jurisdiction over local officials.

Enforcement & Complaints June 2, 2008

The Enforcement of Ethics Laws Against Local Government Legislators

The decision of the Louisiana First Circuit Court of Appeal in In re Arnold (May 23, 2008) causes serious problems with respect to ethics enforcement against local government legislators, at least in Louisiana. It opens up a can of worms that I haven't seen discussed (I'd appreciate being alerted to where it has been discussed).

December 1, 2010

The Enforcers or the Perpetrators?

After being convicted of money laundering for the purpose of illegally giving corporate money to Texas legislative candidates last week, Tom Delay said, "This is an abuse of power. It’s a miscarriage of justice. I still maintain my innocence. The criminalization of politics undermines our very system and I’m very disappointed in the outcome."

I too have, on several occasions, criticized the criminalization of government ethics. But are Delay and I talking about the same thing?

February 8, 2010

The Escalation of the Ethics War in San Diego

The ethics war in San Diego is heating up. It has escalated from elected officials pointing out problems they have with the city's ethics commission to the future existence of the EC. The latest battle presents an excellent window into the mindset of those who oppose government ethics, especially, in this case, the enforcement of campaign finance rules.

Conflicts of Interest February 16, 2011

The Ethical Responsibility of a Local Party Committee

Local party committees have a great deal of power. Most of the people we vote for have been selected and, where allowed by law, endorsed by local party committees. Most of the people who are appointed to boards and commmissions have also been approved by local party committees. In most places, they determine who runs our communities.