Safra Working Papers | City Ethics

Resources & Learning October 13, 2011

The Lucifer Effect III — Debriefing and Other Ways to Deal with Situational Forces

This third blog post on Philip Zimbardo's book The Lucifer Effect looks at some ways to deal with situational forces.

Recognizing Our Limitations

Resources & Learning October 14, 2011

The Lucifer Effect IV — Miscellaneous Observations

This fourth blog post on Philip Zimbardo's book The Lucifer Effect is a miscellany of various ideas in the book that have relevance to local government ethics.

An Ethics Commission With Lips

April 30, 2007

The Making of a Model Website and Blog in My Hometown

I've been on a sort of work-leave the last two weeks. My town, North Haven, Connecticut (pop. 24,000), has been a mess for a long time, but few people have cared enough to pay attention, and those who criticize the administration are personally attacked and delegitimized. It was my town's mess, and my inability to do anything locally, that led me to do work for Common Cause Connecticut, and then devote myself full-time to municipal ethics by coming to work for City Ethics. Sadly, it takes a big scandal to grab people's attention, as much as we like to think there are other ways.

Enforcement & Complaints June 1, 2009

The Many Problems with Ethics Proceeding Confidentiality Rules

In a recent blog post, I wrote about the fining of the executive director of Philadelphia's board of ethics for violating confidentiality rules. That blog post focused on dealing responsibly with a possible violation of an ethics code provision (although not actually an ethics provision, but instead a disciplinary rule). Now I would like to focus on confidentiality rules and penalties in the government ethics context, and the many constitutional, policy, and logical problems these rules and penalties run into.

Ethics Commissions & Administration December 10, 2013

The Many Reasons Why a City or County Attorney Should Not Provide Ethics Advice

A month ago, I wrote about some problems Honolulu's ethics program was having with the corporation counsel. The problems have continued. The big issue this last week has been the corporation counsel's provision of ethics advice. So far, the argument has primarily taken place in the form of memos.

Conflicts of Interest July 8, 2010

The Many Ways in Which Lawyers Can Do Nothing About an Unethical Environment

When it comes to government ethics, too often lawyers are nowhere to be seen, unless they are the ones saying that unethical conduct is legal. Far too often, lawyers do not use their knowledge, their strong, independent personalities, and their professional obligations to stand up to, or at least question, those acting unethically.

Conflicts of Interest November 8, 2013

The Massachusetts EC Fixes a Poor Conflict Provision with an Exemption

Ethics commissions are often stuck with one or more ethics provisions that they are know are, in some ways, irresponsible. They can recommend amendments to the provisions, but the legislative body is free to ignore such recommendations.

April 3, 2014

The McCutcheon Decision and Local Government Ethics

The big news in the government ethics world this week is C.J. Roberts' opinion in the McCutcheon case. The biggest problem with this opinion is its author's continuation of an unrealistic picture of how large campaign contributions work. Roberts acts as if access were not an important goal, and as if the only problematic relationship between contributor and elected official involved quid pro quos.

Ethics Commissions & Administration April 25, 2011

The Messages Sent by an Ethics-Related Legal Defense Fund

Kerry Cavanaugh, a Los Angeles Daily News columnist, got it wrong when she started a recent column, "Here's another reminder that politicians are not like you or me. If I get caught taking inappropriate gifts or violating the company's ethics policy, I might be fired, suspended without pay or forced to open my wallet to pay the penalty.

Local Government Practice November 13, 2008

The Mother of All Ethical Hiring Questionnaires

One of the most important elements of any government ethics program is ethical hiring. Ethical hiring lowers the possibility of hiring people with serious conflicts of interest not only by being careful about the selection process, but also by sending a clear message that conflicts are serious business and must be disclosed even before an official is hired. Unethical people will find the hiring process, and the thought of working for people who would put them through it, unacceptable and will not apply.

Conflicts of Interest January 28, 2011

The Need for a Revolving Door Provision, and More, in Hartford

According to an article in Tuesday's Hartford Advocate, a complaint has been filed with Hartford's ethics commission by a council member against the former corporation counsel on the grounds that he had taken a job with a law firm that had received hundreds of thousands of dollars in contracts overseen by the corporation counsel.

Ethics Codes & Reform April 7, 2014

The Need for a Taxonomy of Institutional Corruption in Local Government

"The deep problem with the system was a kind of moral inertia. So long as it served the narrow self-interests of everyone inside it, no one on the inside would ever seek to change it, no matter how corrupt or sinister it became — though even to use words like 'corrupt' or 'sinister' made serious people uncomfortable, so Katsuyama avoided them. Maybe his biggest concern, when he spoke to city residents, was that he be seen as just another nut with a conspiracy theory."

April 6, 2009

The Need for an Independent Ethics Commission in San Bernardino County

Updates below
According to an article in yesterday's Press-Enterprise, San Bernardino County (CA) looks like it might soon have an ethics commission. After numerous scandals, two of five members of the county's board of supervisors are convinced of the need for an independent ethics panel with teeth.

But how independent?

Ethics Commissions & Administration June 7, 2009

The Need for Ethics Commission Independence, and What Is and Isn't a Government Ethics Violation

Updates below
Anyone who doubts the need for truly independent ethics commissions need look no further than what has been happening in Philadelphia this week. Or should I say "this year"?

Ethics Commissions & Administration July 2, 2012

The Need for Ethics Oversight of COGs

They have various names, such as councils of governments (COGs), joint powers authorities (JPAs), and regional councils or commissions, but whatever names they have, these local government associations are often left outside of both local and state government ethics programs. And yet, as the term "joint powers authorities" implies, they do wield power and do spend or affect the spending of money, often huge amounts of money in transportation, water, and other construction projects.

Ethics Commissions & Administration October 16, 2013

The Need for Institutional Checks on Mishandling Conflicts

Six years ago, I wrote a blog post on apology (including full disclosure) in the medical context. Today's New York Times' "Invitation to a Dialogue" letter from a hospital executive takes this issue a step further to a consideration of the value of individual punishment vs. institutional change. The lesson he provides is one that is important to government ethics, as well.

Conflicts of Interest March 11, 2013

The Need for Sensitivity

People (including government officials) usually talk about conflict situations as if they involved the public (represented by do-good ethics types) trying to get public servants (who are represented as corrupt) to sacrifice either their family, friends, or business opportunities or their duty to do their jobs as representatives or officials.

Conflicts of Interest July 16, 2010

The Need to Anticipate Perceptions When Dealing with Nepotism Issues

Here's an interesting modern spin on an old-fashioned nepotism/conflict of interest matter. According to an article in Tuesday's Milwaukee Journal-Sentinel, the husband of a member of a charter school's board was hired to teach at the charter school, and there is disagreement over whether there is a conflict or not.

Transparency & Disclosure March 26, 2014

The Need to Disclose a Grantee's Name, and a Problem with Public-Private Development Partnerships

Here's another story involving the lack of transparency. This time, the lack of transparency involves a company getting government grants.

Ethics Codes & Reform August 29, 2013

The New ASPA Code of Ethics

It came to my attention in an interview with Professor James Svara, for a paper I am writing for the journal Public Integrity, that in March 2013, the American Society for Public Administration (ASPA) made substantial — sometimes beneficial, sometimes harmful, sometimes baffling — changes to its Code of Ethics (the revised code is attached; see below). This post will look at the changes that involve conflicts of interest.

Personal Interests