Safra Working Papers | City Ethics

February 8, 2013

D.C. Ethics Board's Opinion Needs a Rewrite

The first opinion of the District of Columbia's Board of Ethics and Government Accountability (a searchable copy is attached; see below) raises some interesting questions relating to enforcing unenforceable ethics provisions, vagueness, and publishing evidence and an opinion about a case that is being dismissed before an investigation has been conducted. The opinion also shows that the new ethics board has a long way to go up the learning curve of government ethics.

May 16, 2012

D.C. Legislative Immunity Decision Ignores Constitutional-Legislative Differences

Last September, I wrote a blog post about the attempt by District of Columbia council members to block a subpoena by employing a legislative immunity defense. The case involves retaliation against a whistleblower who had alleged improper council input in the awarding of a lottery contract.

Enforcement & Complaints September 3, 2011

D.C. Legislative Immunity in a Case Alleging Retaliation Against a Whistleblower

Did you know that the District of Columbia has its own Speech or Debate Clause? I learned this from reading the Motion for a Protective Order on Behalf of Mayor Vincent C. Gray filed on Thursday in the case of Payne v. District of Columbia. Gray, a former council president, is seeking to be protected from testifying in a case involving alleged retaliation against a whistleblower.

March 17, 2014

D.C. Mayor Is Burned by a Contractor's Participation in His Election

While I was on vacation last week, the biggest story in local government ethics appears to have been, once again, in the District of Columbia. According to a press release from the U.S. Attorney for the District of Columbia and the charges brought by the U.S. Attorney (attached; see below), the CEO of the parent company of a major D.C.

May 19, 2011

D.C.'s Draft Ethics Reform Act Merely Adds Pieces to a Confusing Puzzle

"The appropriate authority" is a vague phrase to base a major ethics reform proposal on, but that is just what the District of Columbia's draft Comprehensive Ethics Reform Act of 2011 does.

Introduced Tuesday by the council chair, this act is neither comprehensive nor does it create the accountability that the name of the new ethics office, the Office of Government Accountability, suggests.

October 31, 2009

Dallas Ethics Reform Proposals to Go to Vote November 9

Dallas council members' control over development in their districts led earlier this month to the conviction of one council member and four associates for extortion.

November 11, 2009

Dallas Ethics Reforms Pass, But There Are Enforcement Problems

The Dallas ethics reforms described in a recent blog post were passed on Monday, according to the Dallas Morning News.

April 30, 2015

Dan Ariely

Dan is the James B. Duke Professor of Psychology and Behavioral Economics at Duke University and a founding member of the Center for Advanced Hindsight.

See Dan's TED talk: Our Buggy Moral Code. and his Website.

Ethics Commissions & Administration March 25, 2015

Dating and Minimum Requirements

An example I often use for why government ethics laws are only minimum requirements is that these laws cannot include friendships or romantic relationships, because these are impossible to define with any precision. When a relationship is not included because it is undefinable, this does not mean that one should not treat this relationship like any other special relationship and withdraw from matters involving that individual. One should go beyond the minimum requirements of the law and withdraw.

Conflicts of Interest May 17, 2011

Dating, Marrying, and Gifts

Government ethics is dangerous to dating and weddings. That's the message of an article in Sunday's Palm Beach Post.

Conflicts of Interest February 6, 2008

Dealing Openly and Responsibly with a Conflict of Interest

You hear it again and again: “I didn’t know. I wasn’t told.” It’s the ultimate defense. Rarely do you hear, “I didn’t know, but I should have. It’s my responsibility to know and make sure I’m told things like this. I will act as if I knew, because I should have known.” There’s nothing wrong with a conflict of interest. When you learn about one, you discuss it openly and deal with it responsibly.

Enforcement & Complaints September 5, 2013

Dealing Responsibly with an Ethics Violation

Here's a what-not-to-do scenario of a sort that is too rarely included in ethics training. And yet it's one that could save a lot of officials, as well as ethics programs, a great deal of trouble, and help maintain public trust in local government.

Conflicts of Interest May 6, 2009

Dealing Responsibly with Business Relationships

In Louisiana, local government officials cannot do any sort of business with anyone who does business with their local government. This position is supported by a settlement reached with an Alexandria council member, according to an article at thetowntalk.com.

Conflicts of Interest June 18, 2009

Dealing Responsibly with Conflicts in College Towns

How does a council deal with conflicts in a company town? My first response to this would be, are there still company towns? Well, certainly not as many as there used to be, but probably most of the ones that remain are college towns.

Conflicts of Interest November 28, 2010

Dealing Responsibly with Contract Conflicts

Two important issues arise from a story about a competitive bid for a concrete contract for an arena in Louisville which, according to an article in yesterday's Louisville Courier-Journal, was won by a company solely owned by a member of the state task force that chose the site, the chair of the board that manages the arena, a close friend of the coach of the arena's primary tenant, and a nonvoting member of the arena authority, whose executive director reports directly to the board that

Campaign Finance & Pay-to-Play August 10, 2010

Dealing Responsibly with Contributions from Individuals Convicted of Crimes

What responsibility does a candidate have to check on those who make contributions to his or her campaign? Is there a greater responsibility when the candidate is running for a law enforcement position, from sheriff to D.A. to judge?

Campaign Finance & Pay-to-Play January 29, 2013

Dealing with "Independent" Expenditures at the Local Level

For those of you who are tired of talk about "witch hunts," this quote will be a great relief:

"I'm concerned about a zealous ethics staff chasing down rabbit holes when there is no rabbit."

These are the words of Adam Bonin, a Philadelphia election lawyer, as quoted on WHYY"s News Works website on Sunday.

Ethics Commissions & Administration March 13, 2013

Dealing with Placeholders on Boards and Commissions

A "placeholder" is someone who agrees to run on a ticket with a mayoral candidate or be appointed by him, but has no interest or intention in actually doing the work required by the position. Such a candidate does not attend many meetings of the body to which she was elected (often she is not even in town much of the year) and, when she does attend, is usually not prepared. When her support is needed, she will sometimes read a short speech prepared for her by someone else.

Conflicts of Interest December 13, 2012

Dealing with the Conflicts of Winnipeg's Mayor

Canadian mayors don't appear to be having a good time of it lately, ethicswise.

Ethics Commissions & Administration June 29, 2012

Dealing with the Potential Conflicts Involved in EC Board Member Selection

There is a great deal to be learned from the selection process for the new District of Columbia Board of Ethics and Government Accountability, which is effectively complete. Three weeks ago, I wrote a blog post about the nomination of Robert Spagnoletti to be chair of the new ethics board. I questioned this nomination of a former D.C.