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Safra Working Papers

Conflicts of Interest August 1, 2011

The Intoxication of Gifts and Fellowship

A very lengthy article in yesterday's News Journal looks at the history of relations between Delaware legislators and Christopher Tigani, formerly the top executive with Delaware's top liquor distributor. The article provides an instructive look at corporate and personal influence.
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May 23, 2014

The Irresponsible Actions of a New Government Ethics Group

Government ethics groups come in all shapes and sizes. City Ethics, an ordinary nonprofit, has a website with huge amounts of information about government ethics, and no financial resources. The American Dream Initiative, a social welfare organization founded last year, apparently has large financial resources, but no website and no information about government ethics.
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May 17, 2010

The Irresponsible Handling of One Man's Conflicts in Two School Districts

A week ago, I wrote about the weaknesses of an ethics initiative in Luzerne County, Pennsylvania. This week, in neighboring Lackawanna County, the responses to a March 25 state ethics commission decision has shown truly irresponsible handling of one man's conflicts in two school districts.

Lakeland School District
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Resources & Learning May 12, 2011

The Jersey Sting

Two months ago, a book was published called The Jersey Sting, by two Star-Ledger reporters, Ted Sherman and Josh Margolin.
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Ethics Commissions & Administration January 21, 2012

The Joke at the Heart of Local Government Ethics Programs

Stephen Colbert has been doing a great job satirizing the current federal campaign finance situation. He has especially made a mockery of the Super PAC, a means of allowing individuals and entities to make unlimited contributions to a candidate's campaign under the guise of independent expenditures. Colbert has shown how weak the rules on collaboration are, how the Super PAC is effectively, if not constitutionally, no different than a campaign committee.
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September 1, 2010

The Kingdom of Individuals I: Three Duties and the Organizational Contract

In The Kingdom of Individuals (Cornell University Press, 1993), F. G. Bailey's principal concern is what he calls svejks (pronounced "shvikes"), that is, individuals in organizations who put their personal, but not usually financial interests ahead of the organization, and yet act as if they are loyal to the organization, using its proclaimed values to defend their actions.
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September 2, 2010

The Kingdom of Individuals II: Expediency vs. Ethics

The principal problem with getting one's ethics from one's organization is that, according to Bailey, “Organizations seem to have a poorly developed sense of right and wrong. Expediency all too often comes out ahead of morality. Organizations and institutions are supposed to be the guardians of trust and fair dealing, but often there is no one to guard the guardians and — self interest being a prime mover — they look after their own good rather than the public good. ... The lack of moral sensibility lies in the leaders and owners, who put their advantage ahead of the common good ...
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September 3, 2010

The Kingdom of Individuals III: Obligations to the Community and to the Organization

Bailey has a word for putting the organization ahead of the individual:  holism (as opposed to individualism). What complicates this concept in government is that there are two wholes, the organization itself and the community it works for. One of the things that most determines a local government's ethical environment is which of the two wholes an official or employee is most supposed to put above his or her personal interest.
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September 4, 2010

The Kingdom of Individuals IV: Ethics and Power

One of the problems in talking about conflicts of interest is that we tend to assume that people with conflicts analyze their situations before acting. We think that, for example, they balance acting in their personal interest, or in the interest of a family member or business associate, against the consequences of getting caught. Or we think that the principal ethical considerations they bring to bear on their situation arise from their local code of ethics or their spiritual or philosophical beliefs.
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September 6, 2010

The Kingdom of Individuals V: Citizens as Irritants

In order to develop their identities, and cement the loyalties of their members, organizations tend to contrast themselves with other organizations, and with those they deal with, whether they are clients, customers, or citizens. Bailey wrote, “If contact with outsiders is experienced as painful and involves rejection, organizational solidarity is likely to be enhanced." In other words, in the local government context, seeing citizens as irritants creates solidarity.
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Conflicts of Interest August 1, 2013

The Language of "Influence"

"[Standard & Poor's's ratings have always been] uninfluenced by conflicts of interest."


—Spokesperson for S&P, in response to a government lawsuit saying that S&P's ratings have been influenced by their conflicts of interest. Quoted in today's New York Times
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Campaign Finance & Pay-to-Play May 5, 2011

The Latest on Placement Agents

It's been a year since I last wrote about placement agents, so it's time for an update, based on an article put up yesterday on the Forbes Magazine site, designated for the May 23 issue.
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Enforcement & Complaints June 24, 2007

The Lawyer Discipline System and Its Effects on Municipal Ethics

Today's New York Times Week in Review section features an article on local prosecutors and how their ethical misconduct is dealt with by the lawyer discipline system, the profession's disciplinary system. The case of the Duke lacrosse prosecutor, Michael B. Nifong, is, of course, the occasion for this article. Mr. Nifong was disbarred for withholding evidence from the defense and misleading the court. Sanctions for prosecutorial misconduct are rare. But the question is, Why?
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Conflicts of Interest November 18, 2009

The Legal Language May Be About Benefits, But It's Really About Trust

One can learn a lot about local government (and judicial) ethics by listening to local officials talk about a conflict situation they're in. Here's one from Dallas County,  where the district attorney's wife is a political consultant for the campaigns of seven judges before whom the D.A.'s office practices.
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Resources & Learning February 4, 2010

The Legitimacy of Power and the Sense of Entitlement

It is a truism of government ethics that a sense of entitlement is an important cause of unethical conduct. People who feel entitled to the power they wield feel they have the right to deviate from ethical norms in ways others do not (see my blog post on this topic). Now there is research that supports this view.
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Conflicts of Interest March 5, 2010

The Limitations of the Language of "Influence"

Influence. It's a big word in a lot of government ethics laws, and a word that those who write such laws should think at least twice about.

As everyone knows, New York Governor David Paterson has been accused by the NY Commission on Public Integrity (CPI) of having violated the state's gift ban by asking for and receiving five tickets to the first game of last year's World Series, at Yankee Stadium. But the reports are, of course, ignoring the language of the law. Here it is:
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Ethics Commissions & Administration October 8, 2012

The Limits of an EC's Jurisdiction: A Situation in San Francisco

Update: October 10, 2012 (see below)

So far, I have ignored this year's most famous local ethics proceeding, against San Francisco sheriff Ross Mirkarimi. The reason I ignored it is the reason I am writing about it now:  I think the proceeding should have been dismissed because the sheriff's misconduct involved neither a conflict of interest nor his official duties.
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Transparency & Disclosure January 27, 2012

The Limits of Disclosure

Elisabeth Rosenthal wrote an excellent op-ed piece for the New York Times last Sunday. It was about disclosure, more specifically about the way disclosure sometimes neither leads to more transparency, nor prevents what it is intended to prevent. In the government ethics situation, that would mean preventing misconduct.
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Resources & Learning October 12, 2011

The Lucifer Effect I — A Situational Approach to Local Government Ethics

A year and a half ago, I wrote a blog post about a 2007 book by Philip Zimbardo, entitled The Lucifer Effect.
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Resources & Learning October 12, 2011

The Lucifer Effect II — Situational Forces

This second blog post on Philip Zimbardo's book The Lucifer Effect applies the situational approach to government ethics programs, and looks at the situational forces at play with respect to ethical misconduct.

The Situational Approach
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