Safra Working Papers | City Ethics

Enforcement & Complaints November 16, 2015

Attacking Those Who Make Ethics Allegations

Several of the women who accused Bill Cosby of sexual misconduct toward them have filed defamation suits, based on his conduct and, especially, on the conduct of his attorneys, who not only stated Cosby's denial of sexual misconduct, but also went on the attack against the accusing women.

Ethics Codes & Reform October 1, 2015

Attempt to Make Gift Bans Unconstitutional in KY

It was only a matter of time before the U.S. Supreme Court's campaign finance opinions (and decisions at the trial and appellate level that have applied them to other situations) would be used to argue that conduct prohibited or limited by government ethics provisions are also protected as free speech by the First Amendment of the U.S. Constitution.

August 29, 2009

Attending: City Council considers the Jacksonville Ethics Office Budget

This morning the Jacksonville City Council finance committee continued their deliberations on each line item of the city's budget. This morning's agenda begins with the Office of General Counsel, which includes the budget for the City's Ethics Officer. Council members Yarborough & Joost comment that they want to ensure that the office does NOT report to the General Counsel.

Transparency & Disclosure February 9, 2010

Attorney-Client Privilege and Financial Disclosure: A New NYC Bar Association Report

Some lawyers abuse or misrepresent the lawyer-client privilege and client confidentiality to protect their own unethical conduct. But no one does it better than elected government officials who also happen to be lawyers, and have the ability to draft ethics laws.

Ethics Commissions & Administration July 1, 2013

Attorneys on an EC, and Ethics Proceeding Confidentiality

Lawyers and confidentiality can both be serious obstacles to the effectiveness of a government ethics program. An ethics case in Trumbull, CT provides a good look at how this can happen.

Attorneys on an Ethics Commission

Campaign Finance & Pay-to-Play October 28, 2015

Austin Lobbying Reform and Opposition to It

Considering that it reflects a typical approach to lobbying, it is valuable to look at the language of a resolution to improve Austin's lobbying oversight program (attached; see below). It is also valuable to consider the opposition to this resolution by a coalition of local architects, engineers, and contractors, according to an article in the Austin Monitor this week.

May 28, 2008

Back to Eastern Oregon, Where Local Government Is Working Again ... Transparently

Six weeks after my blog entry on the mass resignations in Eastern Oregon towns due to new financial disclosure requirements, the predictions of government coming to an end (still being fanned to flames by Fox News) have turned out to be highly exaggerated.

Click here to read the rest of this blog entry.

April 21, 2014

Backsliding re Mayoral Balls

I am a big believer in officials taking voluntary action to improve an ethics environment when passing laws is not possible. For example, if the state and the council both choose not to prohibit campaign contributions from restricted sources, that is no reason why a mayoral candidate should not make it known that he will reject such contributions and do his best to get all candidates to reject them.

October 21, 2008

Bad Government from a Good Government Leader

See update and second update below
People in the government ethics field can be very arrogant. I know I can. But it's horrible to see it in action, especially when it's turned against what we commonly think of as good government.

October 7, 2008

Bailout Conflicts - The Treasury Speaks Softly and Carries a Small Stick

Update: Later in the day, according to a report in On the Hill, House Speaker Nancy Pelosi called on the Treasury Secretary to strengthen the conflict of interest requirements discussed below.

Resources & Learning July 23, 2019

Barriers to Civic Engagement -- a TED Talk from Dave Meslin

I just watched this 6.5 Minute TED Talk that pulls apart all the reasons that we become "disengaged" in the political process.
I think he has hit the nail on the head - he left me feeling a faint ray of hope - that we can use our power as voters to push for reforms of all of his points.
Please watch - only 6 minutes, and it gives us some answers and maybe a way forward !

https://www.ted.com/talks/dave_meslin_the_antidote_to_apathy

Enforcement & Complaints October 14, 2010

Basing Ethics Decisions on Unenforceable Code Provisions Undermines Trust in the Ethics Process

I recently wrote about a situation in Stamford, CT in which probable cause was found based on a policy declaration rather than an enforceable ethics provision. That situation appeared to involve a misunderstanding, with a unanimous ethics commission finding probable cause.

Conflicts of Interest May 8, 2009

Being Indirect -- A Gift Loophole to Watch Out For

Earlier this week, I wrote about an application of Louisiana ethics law that I felt was too severe. Today I'm going to write about a Louisiana ethics provision, a fairly typical gift provision that applies to local government officials, which is too weak, because it has a big loophole in it.

Ethical Leadership

Conflicts of Interest July 19, 2010

Being Too Careful About Conflicts

It's important to be careful when it comes to conflicts of interest, but it's also important not to be too careful. When you're too careful, you send the wrong message to members of the community and you miseducate them about government ethics.

July 26, 2011

Being Wrong I (Summer Reading)

July 27, 2011

Being Wrong II (Summer Reading)

This is the second of two posts looking at Kathryn Schulz's excellent book, Being Wrong: Adventures in the Margin of Error (2010), as it applies to local government ethics. This post focuses on how to deal responsibly with one's mistakes, and to the extent possible prevent them.

Dealing Responsibly with Mistakes

April 14, 2011

Bellevue Council Can't Get a Grip on an Ethics Investigation

When there is no formal process for dealing with a council member's conflict of interest, and the council handles the matter itself, things can get farcical. This is what is happening in Bellevue, WA. This wealthy suburb of Seattle, with a population of 120,000, has an ethics code for employees, but with no independent enforcement. Its ethics code for elected officials is just the state's limited provisions, again with no independent enforcement, training, or advice.

Ethics Codes & Reform January 30, 2010

Best Practice #1

Cities across the United States are creating and expanding Ethics Commissions, Ethics Offices and Inspector Generals in order to fight corruption and establish higher ethical standards for their governments.

I will be posting some of the best ideas from these programs on this site.

If you have comments on what is written, good, bad or just a stray idea, please comment!

Carla Miller, president, City Ethics.

Resources & Learning June 20, 2013

Best Practices from the Book "Local Government Ethics Programs"

The second edition of the resource book Local Government Ethics Programs will be put up on the City Ethics website in the next few days. It is updated, improved, and expanded. One of the new features is an extensive list of Best Practices. Here is the list:

Basic Matters
1. Speaking not in terms of personal integrity, but rather in terms of the responsible, professional handling of conflict situations.

Ethics Codes & Reform December 18, 2013

Best Practices, The Criminalization of Ethics, and Illness As a Conflict Situation

According to an article in the Capital Gazette, a former Anne Arundel County (MD) county executive, who was convicted early this year of a misdemeanor for misconduct in office, wants to run for office again, despite the judge ordering, as part of the criminal penalty, that he not be permitted to run for office for five years.