Safra Working Papers

June 9, 2008

Additional Reading on Speech or Debate Clause Issues

In the materials I have found online, Speech or Debate Clause issues are discussed in terms of state legislators (and usually state constitutions), even though the federal Speech or Debate Clause applies equally to local government legislators. But the discussions are all relevant to local government situations.

I will continue to add to this list, and I'd appreciate receiving information about other discussions of these issues.

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Ethics Commissions & Administration April 28, 2010

Advice on Advisory Opinions

Again and again, local government officials say that there is no need for an improved ethics program in their town because no one is filing complaints. If there were ethical problems, they argue, there would be lots of complaints. But complaints are not an indication of the need for a better government ethics program. The reason is that no one files a complaint when they do not expect a fair hearing of the complaint (most basic programs do not have a body that is considered independent and neutral).
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Ethics Commissions & Administration October 11, 2012

Advice on Ethics Advice Falls on Deaf Ears

Last week, a resident from one of the towns next to mine (Wallingford, CT) called me for advice regarding his request for an advisory opinion. The request involved the appropriateness of council members affiliated with a church participating in a matter that involved funding for renovation of a wall along the church's parking lot. This is a difficult conflict situation, but some town officials made it much more complicated than it had to be.
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Ethics Commissions & Administration November 27, 2006

Advisory Opinions

Like penalties, the topic of advisory opinions appears in both the ethics provision and administration sections of the Model Code. Advisory opinions are the most important of an Ethics Commission's responsibilities, and often the most underutilized. Regular use of this option, and the creation of a body of opinions, can go far to providing concrete guidance to municipal officials and employees.
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March 30, 2007

Albuquerque Ethics Brings Down State and Federal Officials

Those who have been closely following the dismissal of U.S. Attorneys by the Bush Administration may know that one of them involves a U.S. Attorney who did not move fast enough with an investigation into possible kickbacks relating to the building of a county courthouse in Albuquerque, New Mexico. Yesterday, according to an article in the Albuquerque Tribune, a former Albuquerque mayor, and two others, pleaded guilty in connection with this investigation, and the new U.S.
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February 11, 2011

Allegations Against Miami-Dade County's Ethics Director

There are people who get great satisfaction going after the ethics of government ethics professionals. Rarely are their accusations relevant to government ethics; it's just about showing that we're not good people, either, as if government ethics was just about good and bad. Maybe we should wear t-shirts that say, on the front, "We're Not Perfect," and on the back, "So?"
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Conflicts of Interest August 23, 2010

Alternatives to Allowing Conflicted Individuals to Sit on Advisory Boards

Should advisory board and task force members be excepted from conflict of interest rules? Jurisdictions disagree about this. Some believe that, when a board has no authority to act or implement, the usual rules should not apply. The principal argument is that there are times when a government needs to get people with opposing interests together — such as business and union interests — in order to hash out community problems. Another argument is the need for expertise.
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Ethics Commissions & Administration September 3, 2013

An Advisory Opinion Concerning Constituent Services

On August 29, the D.C. Board of Ethics and Government Accountability issued an advisory opinion on the important and far too overlooked topic of constituent services (attached; see below). The issuing of advisory opinions that cover more than a very specific set of facts, what I call "general advisory opinions," is itself very valuable (see the section of my book Local Government Ethics Programs on general advisory opinions).
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August 10, 2010

An Advisory Opinion Gambit in the Big Apple

Here's a clever way to abuse the advisory opinion process. A few months after conduct begins, seek advice from the ethics commission. After the EC tells you it's okay, increase the amount of conduct so much that the advice is no longer relevant, and then point to the advice in defense of the conduct. Finally, refuse to provide information about the extent of the conduct, so that no one can provide hard evidence that there is truly a change in the extent of the conduct.
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Ethics Codes & Reform September 24, 2012

An Analysis of League City TX's Ethics Program

This is the first of a series of looks at the ethics programs of smaller cities, towns, and counties. These local governments have the resources to create an independent, comprehensive ethics program, but they rarely do. It is valuable to look at both the good ideas and the bad ideas in the programs they have chosen to create.
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Ethics Codes & Reform August 11, 2009

An Anti-Ethics Reform Rant Worth Reading

People frequently belittle government ethics reforms as meaningless window dressing intended to make politicians look like they're being ethical, something I have said myself in certain contexts. Yet it is worth reading an extreme view of this, which oddly comes from a journalist writing a blog that takes "an evangelical Christian viewpoint."
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