Safra Working Papers

Today’s New York Times has an article that focuses on John McCain’s dealings with a big Arizona developer, Donald Diamond. There are two issues here that I would like to bring up. First, the ultimate defense, which McCain’s campaign employs: helping a constituent. McCain “had done nothing for Mr. Diamond that he would not do for any other Arizona citizen.” Diamond is not any other constituent. He traveled with McCain during the early primaries in 2000, and is on the campaign trail again this year.

One of the biggest little problems in government ethics is the inability to filter out very minor violations, which can be dealt with either by dismissing the complaint or by requiring, say, an additional training course. It is a waste of limited time and resources to investigate and hold hearings on minor violations. An EC needs to be able to use its judgment to decide when a violation is not worth investigating.

I am interested in getting some feedback on this point: In a recent incident, there was perhaps no legal issue, but there was an undeniable perception that something unethical had occurred. What are your views on the thin red line between these points (i.e. "legal" and "perceived as unethical") Should we try to step up to the plate and keep to the high moral ground where we even avoid the perception of unethical behaviour ? How can we do this without moving far from what the average elected official can think with ? Any thought/comments are welcome.

A November audit by Tennessee's Comptroller applies the Federal Acquisition Regulation (FAR) to a state procurement situation, since there are no relevant state rules. The particular provision involves "unfair competitive advantage." This is a useful concept to keep in mind with respect to local procurement matters, as well.

Update below (August 19, 2009)
Here's a recipe for conflicts of interest. Create a new kind of county commission to hand out grant money. Require that commission members include representatives from public and private agencies that handle the very services the grants are intended for. Stir until frothy.