Safra Working Papers | City Ethics

Conflicts of Interest July 1, 2008

Who Is a Local Government Attorney's Client? -- A Conflict of Interest Question

Last week, the New York Times reported that for six months the White House refused to open an e-mail from the Environmental Protection Agency, a report stating that greenhouse gases are pollutants that must be controlled. The White House considered the EPA report to be in some sort of "e-mail limbo," without official status. So nothing had to be done about it.

Ethics Codes & Reform January 31, 2009

Who Is Covered by an Ethics Code's Provisions

Sometimes, those who write or amend local government ethics codes forget to make it clear exactly who is covered by an ethics code. Sometimes there is discussion about who should have to file annual disclosure statements, and sometimes there is discussion about whether volunteers should be covered. But too often individuals and bodies not central to local government are ignored.

Ethics Commissions & Administration September 15, 2010

Who Makes the Best Ethics Commission Member?

Who is the best sort of individual to select as an ethics commission member? Some people believe it's a member of the clergy, because who else is more ethical? And there are many clergy members on ethics commissions across the country. But this shows either a misunderstanding of government ethics (that it's about being good rather than dealing responsibly with conflicts of interest) or a preference for appearances, even if it gives the public the wrong impression about what government ethics is all about.

Ethics Commissions & Administration April 21, 2014

Who Should Decide re Reimbursement of Legal Fees?

Can local legislators be trusted with the discretion to reimburse their colleagues for legal fees in ethics proceedings? This question is raised by a decision of the Wellington, FL council a few weeks ago.

Enforcement & Complaints April 28, 2011

Who Should Pay for Attorney's Fees in Ethics Proceedings?

Update: September 17, 2011 (see below)

An article in yesterday's Stamford Advocate keeps asking the question, Who should pay? The article is referring to attorney's fees related to an ethics proceeding. Most ethics codes do not deal with this issue, and therefore it often turns into a big political controversy after the fact, leaving a bad taste in citizens' mouths, especially if they are forced to foot the bill.

Ethics Codes & Reform April 11, 2007

Who's in Charge? - An Introduction to Writing and Revising An Ethics Code

Who should be in charge of writing and revising municipal ethics codes? Generally, ethics codes are the work of a mayor or a council, or sometimes they both jockey for the position of being seen as more ethical (this is especially true when a council member is considering a run for mayor). Sometimes they're the work of the city attorney, who in any event often does the drafting for his or her boss, who may be the council, the mayor, or the city manager.

Conflicts of Interest October 1, 2008

Why "When Does an Interest Become an Interest?" Is Not the Right Question

When does an interest become an interest? When an official starts thinking about entering into a contract? When she starts negotiating the contract? When she agrees on the details? When she actually signs the contract? Or is this not really the question to focus on?

According to an article in the Aspen (CO) Daily News, this issue arose recently on the Aspen City Council.

Conflicts of Interest March 29, 2013

Why Are Council and School Board Seats Incompatible?

“Incompatible offices” is a form of conflict that is usually left out of ethics codes. One reason is that there is a common law prohibition against officials holding incompatible offices. But whether or not the conflict is common law or in an ethics code, this is an important kind of conflict that should be included in ethics training so that it is understood. It should also be a topic for which officials may seek ethics advice.

Ethics Codes & Reform August 2, 2010

Why Do Election Law Professionals Discuss the Latest Developments So Much More Than Government Ethics Professionals?

There is an intriguing blog post on Rick Hasen's Election Law Blog this morning, entitled, Is Reading a Legal Blog in One's Field Now Part of the Due Diligence of Lawyers?

Enforcement & Complaints November 19, 2013

Why Ethics Proceedings Should Not Be Delayed Due to a Criminal Proceeding

A Hartford Courant editorial on Friday asked a question that is not asked enough, Why delay an ethics investigation until a criminal investigation is complete? Another such question that is not asked enough is, Why delay an ethics proceeding until a criminal proceeding is complete?

Ethics Codes & Reform June 20, 2014

Why Government Ethics Programs Have Limited Subject Matter Jurisdiction

An individual who was asking me government ethics questions recently became angry when I said that codes of conduct that go beyond conflicts of interest are outside of my field. He said that those who engage in bad conduct will probably also engage in bad ethics. He referred to my exclusive focus on conflicts of interest as "compartmentalization."

March 28, 2014

Why Hilary Krieger Is Wrong About City Machines

Update: April 3, 2014 (see below)

Every so often, someone comes along and says, What's so bad about government officials' ethical misconduct? Isn't it worth having ethical misconduct if it means an effective government?

Local Government Practice August 31, 2010

Why It Is Important To Ensure That Legislators Show Up to Work

It is troubling that legislators insist that legislative immunity protects them in order that they may represent their constituents, and yet legislative bodies rarely have rules to ensure that their members represent their constituents by showing up to debate and vote.

Conflicts of Interest April 24, 2009

Why It is Important to Make It Clear That Conflicts of Interest Are Not Wrong

When I saw the lead headline in Wednesday's New York Times, "In Adopting Harsh Tactics, No Inquiry into Past Use," I thought of local government ethics, even though the article was about torture. Okay, I suppose I spend too much time thinking about local government ethics, but bear with me for a minute.

Ethics Codes & Reform September 6, 2012

Why Local Party Leaders Should Be Part of a Local Ethics Program

A front-page article in yesterday's New York Times provides an excellent portrait of a government official who, although doing much good work, made it all about himself and those with whom he has special relationships.

Conflicts of Interest July 21, 2009

Why Nepotism Is Relatively Unethical

Nepotism is often left out of ethics codes because it does not seem all that unethical. Another reason for leaving nepotism out is that it is so common, especially in the uniformed departments, that local government officials are afraid to touch it. When nepotism rules do appear, they often provide for grandfathering in current nepotism, and for waivers, even if waivers are not available for other ethics code violations.

Conflicts of Interest February 22, 2013

Why Revolving Doors Have Governors

According to an article in yesterday's New York Times, U.S. Senate majority leader Harry Reid's spokesman said with respect to questions regarding his hiring of a tax adviser away from General Electric, "The impulse in some quarters to reflexively cast suspicion on private sector experience is part of what makes qualified individuals reluctant to enter public service."

Ethics Commissions & Administration April 13, 2011

Why Strict Time Periods Are Problematic

When there is a time period in an ethics code investigation or hearing provision, there is always the question: What happens if some event does not take place within the designated time period? Does that mean that the complaint is automatically dismissed?

September 7, 2007

Why Yet Another Big New Jersey Municipal Scandal ?

My first experience with municipal politics in New Jersey, where I lived for nine years before moving to Connecticut, was accompanying some neighbors to a council meeting, because a couple of them wanted to speak about a change in zoning that affected the street we lived on. A neighbor asked the mayor when they could speak, and was told people would be alerted when it came time to speak. The council debated the issue and then, without a pause, started to vote on it. I rose in protest and had to insist, against people saying it was too late, that my neighbors be heard.

January 30, 2013

Will New Jersey Improve Its Local Government Ethics Program?

New Jersey has one of the oddest approaches to local government ethics. Like several states, including Massachusetts, California, and Florida, a state ethics program has jurisdiction over local officials. But unlike other states, the state ethics program is not run by the state ethics commission. It is run by the Department of Community Affairs.