Safra Working Papers
A Six-Year Legal Battle Between a County Ethics Commission and a Former County Attorney
Robert Wechsler
At last week's COGEL conference, I learned about a judicial case
involving the Anne Arundel County (MD) Ethics Commission, which has
been going on for six years. A decision
of the Court of Special Appeals last November is worth a look.
There's a lot of interesting material for local government ethics professionals. Two of the issues the case raises are the difference between legal ethics and government ethics, and the filing of ethics complaints by politicians.
A Solution to the Problem of Government Aides Involved in Political Campaigns
Robert Wechsler
Pennsylvanians have, for some time, been entertained with a scandal called Bonusgate,
which involves state legislative staff not only being used for
campaigns, but getting bonuses, which makes a common practice appear
even uglier. The ugliness has recently increased in intensity:
defense counsel for two of the legislators is accusing the attorney
general (who instituted the criminal actions) of doing the very
same thing, without the bonuses. And the
attorney general, of a different political party than the great
majority of the
accused legislators, is running for governor.
A Solution to the Problems of Local Government Attorney Ethics Advice
Robert Wechsler
There is nothing more important in local government ethics than timely,
independent, professional ethics advice.
A Special Ordinance Is Not the Way to Provide a Waiver
Robert Wechsler
There are usually many ways to deal responsibly with a conflict situation. But
there are also many irresponsible ways to deal with a conflict situation. One
of the irresponsible ways is to be considered today in Portland, OR, according
to an
article on the KATU News website.
A Stamford Ethics Controversy Involving Time Limits, Enforcement of Policy Declarations, and More
Robert Wechsler
Update: October 8, 2010 (see below)
There's a fascinating ethics controversy going on in Stamford, CT which raises a number of issues involving time limits, the enforcement of declarations of policy, intimidation, and the roles of ethics commissions and inspectors general.
Time Limits
There's a fascinating ethics controversy going on in Stamford, CT which raises a number of issues involving time limits, the enforcement of declarations of policy, intimidation, and the roles of ethics commissions and inspectors general.
Time Limits
A Suit Against Council Members That Squares the Virtuous Circle of Conflict of Interest and Legislative Immunity
Robert Wechsler
For all you local government legislative immunity fans, here's a case
you'll enjoy (other local government ethics people should find it
interesting, as well). A Virginia state senator has sued members of a
city council for what they did in their legislative capacity, despite
the fact that she knows she herself cannot be sued for what she's done
in her legislative capacity. That's a nice start, isn't it?
A Thought Experiment with Loyalty
Robert Wechsler
I've been thinking about what I wrote in yesterday's
blog post with respect to sanctioning police officers who knew about the
disability scam but said nothing. The principal cause for this,
besides each individual's self-interest, was a common uniformed
department's conspiracy of silence, a loyalty to colleagues that
takes precedence over loyalty to the community.
A Toothless Ethics Commission Seeks Information About the Effects of Its Recommendations
Robert Wechsler
Ethics reform is difficult without a scandal. If your local government doesn't have an ethics commission, it's hard to form one. If there's an ethics commission without teeth, it's hard to even get dentures. And in Denver, according to an article in the Denver Post, it's hard to even get information about what happens after a toothless ethics commission recommends disclipinary action.
A Uniformed Union Fiefdom in NYC
Robert Wechsler
I've written several posts about individuals who have created
fiefdoms (a
D.A., a
housing authority director, a city
pension board attorney, the director
of a council of local governmen
A Valuable Essay on Pension Forfeiture
Robert Wechsler
Check out a
valuable essay on pension forfeiture by Dylan Scott, which was
posted on the Governing website in February. The essay looks at the
various arguments for and against pension forfeiture, looks at how
these laws come about (after scandals), and provides information
about state pension forfeiture laws, with links to the laws. It's an
excellent resource on this issue.
A Very Short Rant on Financial Disclosure and Ethics Self-Regulation
Robert Wechsler
It's always nice to see politicians provide evidence for the argument
that ethics self-regulation doesn't work, but it's rare for it to
happen in so public a way as occurred yesterday. According to an
article in Roll Call, Rep. John Carter (R-TX), "the point man for
Republicans seeking to strip Ways and Means Chairman Charlie Rangel
(D-N.Y.) of his gavel," did not disclose large profits from a sale of
Exxon stock, even after Roll Call contacted him about the omission a
year ago.
A Voter's Obligation to the Public Interest
Robert Wechsler
Last week, Edward B. Foley, who directs Election Law @ Moritz, Ohio
State's law school, put online the
draft of a paper entitled "Voters as Fiduciaries." The paper
makes the argument that voters should not be voting their personal
interests, but should instead be expressing their best judgment of
what is in the public interest, including the interest of future
generations.
About City Ethics
Robert Wechsler
CITY ETHICS is a non-profit organization formed in 2000. Its purpose is to provide a centralized location for information and resources for all forms of local government ethics programs. City Ethics was started by attorney and former federal prosecutor Carla Miller and her husband, Don McClintock, who has a long career in the technology sector.
Above the Law Is Well Below Ethics
Robert Wechsler
How a big-city police chief responds to his commission of an ethics violation is more
important than the violation itself. The worst thing he can do is act as if he is above the law, as if ethics laws, not to mention ethics
considerations, do not apply to him.
Sadly, Miami's police chief, John Timoney, has done the wrong thing almost every time he had the opportunity.
Click here to read the rest of this blog entry.
Sadly, Miami's police chief, John Timoney, has done the wrong thing almost every time he had the opportunity.
Click here to read the rest of this blog entry.
Abramoff on Lobbying, Gifts, and Campaign Contributions
Robert Wechsler
A good followup to my
last blog post, on Lawrence Lessig's book, is what
Jack Abramoff said on 60 Minutes this Sunday, pushing his new
book Capitol
Punishment.
Absentee Ballot Fraud in Southern Florida
Robert Wechsler
In this year of endless talk about voter fraud, there is not all
that much talk about one area of fraud that has actually been proven
to exist, and to make a difference: absentee ballot fraud. This kind of fraud even comes
with its own profession, the absentee ballot broker (boletera in
southern Florida).
Boleteras are hired by local campaigns to go into nursing homes, assisted living facilities, and sometimes homes to help people fill out absentee ballots. The question is, how much help do they give? A little help is a good deed, a lot of help is fraud.
Boleteras are hired by local campaigns to go into nursing homes, assisted living facilities, and sometimes homes to help people fill out absentee ballots. The question is, how much help do they give? A little help is a good deed, a lot of help is fraud.
Abuse of Citizen Ignorance in an Ethics-Related Referendum
Robert Wechsler
Update: August 9, 2012 (see below)
People tend to think that all good government people are alike. The thinking goes that those who favor the improvement of ethics programs also favor such things as term limits, referendums and initiatives, and pension forfeiture by those found to have violated the public's trust. As a matter of fact, I don't favor any of these other good government approaches.
People tend to think that all good government people are alike. The thinking goes that those who favor the improvement of ethics programs also favor such things as term limits, referendums and initiatives, and pension forfeiture by those found to have violated the public's trust. As a matter of fact, I don't favor any of these other good government approaches.
Abusing Right to Bring Ethics Complaints
Robert Wechsler
In March, I started out a
blog entry by saying that "I thought I might write a piece about
using ethics
complaints for the purpose of political harassment" with respect to
Gov. Sarah Palin of Alaska. But then I discovered that the particular
ethics complaint was legitimate, and talked about the complaint itself
and how it applied to local government situations.
Accepting Campaign Contributions from Those Seeking Benefits
Robert Wechsler
One Indian tribe wants to build a casino, another tribe already has
one in the area and doesn't want competition. You're a council
member in the city that can effectively block the casino from being built. Both tribes want your support, and are willing to back up
that support with campaign contributions. What do you do?
Acknowledging Ethics Violations in Settlements
Robert Wechsler
Should an agreement between an ethics
commission and a respondent, which ends an ethics proceeding, include
an acknowledgment by the respondent that he violated the ethics law?
According to an
article in yesterday's Arkansas Democrat-Gazette, former Arkansas
Governor Mike Huckabee thinks not. The Arkansas Ethics Commission
director disagrees.
Click here to read the rest of this blog entry.