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Ethics Codes & Reform September 6, 2007

The Ethics Elephant

From Wikipedia. The story of the blind men and an elephant appears to have originated in India, but its original source is debated. It has been attributed to the Jainists, Buddhists, and sometimes to the Sufis or Hindus, and has been used by all those groups. The best-known version attributed to an individual in the modern day is the 19th Century poem by John Godfrey Saxe.
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September 6, 2007

The Ethics Elephant in the Press !

In an article published in the Jacksonville Daily Record on Thursday, Carla Miller revealed her plans as the City's new Ethics Officer:
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Local Government Practice May 15, 2008

The Ethics of a City Filing for Bankruptcy

The city of Vallejo, California (pop. 117,000) is about to file for bankruptcy, primarily, it appears, to allow it to void union contracts and have a bankruptcy judge rather than negotiations work out a new contract. Sajan George, an adviser to struggling public entities, has said, "There's a wave of this coming across the U.S. What happens in Vallejo could definitely set a precedent."
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Campaign Finance & Pay-to-Play December 17, 2014

The Ethics of Combining Charitable and Campaign Contributions

It amazes me how many ways elected officials misuse charitable organizations to engage in ethical misconduct, especially to get around gift rules. One would think that charities would be sufficiently sacrosanct. But instead they are frequently used as an indirect form of pay to play, and they have played a major role in getting around campaign finance limitations.
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Conflicts of Interest July 9, 2007

The Ethics of Contingency-Fee Arrangements

Many municipal ethics codes have a provision similar to this one: Contingent Fees No official or employee may retain, or be retained by, anyone to solicit or secure a contract with the town upon an agreement or understanding that includes a commission, percentage, brokerage, or contingent fee, except with respect to attorneys hired to represent the town on a common contingency fee basis. I had never thought twice about the exception for attorneys who work on a contingency fee basis until I read Adam Liptak's column in today's New York Times.
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July 30, 2007

The Ethics of Local Government Involvement in Immigration Matters

Immigration is a new issue for municipalities. Or is it? Last week, a federal judge struck down ordinances passed in Hazleton, PA that would harshly punish undocumented immigrants who tried to live or work there, as well as employers and landlords who provided them homes or jobs. Also last week, New Haven, CT began to hand ID cards out to all citizens, but with the intention of helping undocumented immigrants.
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Conflicts of Interest September 13, 2010

The Ethics of Municipal Pension Plans Revisited

Four years after I wrote a blog post entitled The Ethics of Today's Municipal Pension Plan Problems, according to an op-ed piece in the New York Times, New Jersey agreed with the S.E.C. never again to fraudulently hide
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Local Government Practice July 21, 2008

The Ethics of Naming Public Buildings, Etc. After Serving Officials

In my recent entry about Rep. Charles Rangel of New York, I said nothing about the fact that the university center he was seeking funds for has his name on it. An excellent entry by John Fund placed up on Huffington Post today focuses on this part of the story.
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Conflicts of Interest March 28, 2009

The Ethics of Representation Without Taxation

We are told in school that one of the reasons the American Revolution happened is that colonists faced taxation without representation. This is just about as bad as it gets. But there is also such a thing as representation without taxation. How bad is that? What effect does it have on government and, more particularly, on government ethics?
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Conflicts of Interest May 26, 2008

The Ethics of Taxing Nonprofits' Property

One of the most frustrating problems many cities and counties face is all that untaxable land owned by nonprofit organizations. Some states, such as my state, Connecticut, pay local governments part of what they lose out in property taxes, but when things are hard, as now, and the taxes are most sorely needed, there's less in the kitty to hand out.
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July 24, 2007

The Ethics of Teacher Tenure

In common discussions of municipal ethics, one principal type of municipal employee is rarely mentioned: the teacher. Unless a teacher is, say, a school board member, he or she is rarely in a position to have a conflict of interest. Right? Click here to read the rest of this blog entry. An article on the front page of today's New York Times got me thinking about another possible conflict of interest a teacher might have. The article is about Steve Barr, who runs the Green Dot charter school organization in Los Angeles.
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Local Government Practice June 12, 2010

The Ethics of Teachers and Politicians

According to an article in yesterday's New York Times, it is coming out that more teachers and school administrators have been involved in cheating on the test scores that may not only give them bonuses, but may determine whether their schools continue to exist. One can argue ad infinitum about the pressures, temptations, and morals involved. But one thing is certain: the problems were not created by the teachers and administrators.
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September 6, 2006

The Ethics of Today's Municipal Pension Plan Problems

The New York Times has been running a series of articles about municipal pension funds (by Mary Williams Walsh, Michael Cooper, and Danny Hakim, August 20, 22, 27, September 1, 4, 2006). The articles focus on two principal problems: (1) pensions have been increased, largely in order to get short-term cuts in negotiations with unions, and (2) calculations to determine the health of pension plans usually have little relationship to reality. Each problem is essentially an ethical problem. First of all, both problems involve transparency.
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Conflicts of Interest January 18, 2012

The Ethics of Vote Trading

As I near the end of writing my local government ethics book, I am going over local government ethics codes looking for unusual, but valuable provisions to include in a special section that follows my discussion of the run-of-the-mill provisions.

I would like to share one of these provisions that is truly worth thinking about. It appears in the Windsor, CO ethics code:
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July 29, 2008

The Ethics Show Must Go On

Money may be the root of all evil, but it's a nice way to spice up ethics training.

Take the Ethics Rock! program, designed for lawyers who have lots of money to spend on CLE credits. Ethics case studies are done to the tunes of such songs as "American Pie" and "A Day in the Life." The songs are performed by a professional singer-guitarist, on tour.

Local government ethics case study songs come to mind easily, with such numbers as "Chicago," "New York, New York," and Chuck Berry's "Memphis, Tennessee."
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Ethics Commissions & Administration November 18, 2013

The Extent of Disclosure Necessary to Obtain Ethics Advice

According to an article in the New Orleans Times-Picayune on Friday, the state ethics board refused to give ethics advice to the Port of South Louisiana regarding whether the hiring of a parish (that is, city) council member would be appropriate, considering that the Port and council work closely together on projects, and the council votes on port-related issues.
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Enforcement & Complaints September 19, 2013

The Extent of Legislative Immunity in an Open Records Proceeding

This blog has been closely following cases where the legislative immunity defense has been used in government ethics proceedings. This week, the same issue arose with respect to an open records proceeding in Wisconsin.
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Conflicts of Interest August 18, 2010

The Fiduciary Duty of an Appointing Official

According to an article in yesterday's New York Times, the New York Governor’s Task Force on Public Authorities Reform has filed its report (not yet available online) on the implementation of the Public Authorities Reform Act of 2009, whose provisions are summarized in a separate document.
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Conflicts of Interest October 24, 2013

The Fiduciary Duty of Government Consultants

A recent City Ethics blog post discusses the value of a functional definition of a government employee with respect to government ethics. That is, a private individual who does government work for the government has the same obligations to the community as a government employee.
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Enforcement & Complaints May 8, 2010

The Fine Art of Fining

When it comes to ethics fines, it's hard to satisfy anyone. Fines are usually too large or too small, depending on whom you ask. No one likes to be punished, and no one likes the guilty to get off easy. So what is an ethics commission to do?

This week there have been two newspaper articles featuring opposite ends of the fine spectrum.

Few Fines in California
An L.A. Times article featured this dreaded headline:
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Pagination

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