Legal Disciplinary Proceeding as Ethics Enforcement Forum
Occasionally, government ethics enforcement spills out from ethics
and criminal proceedings into other types of proceeding. Since Maricopa County's officials have managed to turn
ethics and criminal enforcement into a form of internecine warfare, the state's
lawyer disciplinary program has gotten into the action.
Problematic Development
According to Harry
Themal's column in yesterday's News Journal,
the newly elected county executive of New Castle County (DE) wants to
review government processes "top-to-bottom." There is just one catch.
According to Themal, land use procedures are most in need of reform,
but the new county executive's wife is a big land-use attorney
representing local developers.
Sometimes Withdrawal and Formal Processes Are Not Enough
It never looks good when a high-level elected official gets a job
with the government while in office or soon after leaving office. It
looks like he got the job because of his influence and relationships
with those who made the decision.
A Failure to Respond to an Ethics Complaint
It's always interesting to see how many ways there are not to deal with
ethics complaints. When you think you've seen them all, a new one comes
out of nowhere.
Government Executives and the Ethics Commission Selection Process
Should government chief executives appoint ethics commission members or their
staff? The common practice is that they usually do. But the common
practice is not necessarily the best practice, especially when it puts a conflict of interest at the heart of the conflict of interest process.
Applicant Disclosure Is Good for Officials
If Ontario or Mississauga required broad applicant disclosure,
Mississauga's mayor would not be in court this week arguing that she
didn't know that her son had invested in a huge hotel and convention
center deal. According to an
article yesterday on the 680 News Radio site, she has been
alleged to have voted with a conflict, and could be forced to resign
as mayor.
A Good Discussion of a Possible Conflict
It's good to see ethics discussions where both sides have good
arguments to make. According to an
article yesterday on southcoasttoday.com, the selectmen of Lakeville, MA were discussing
the possible hiring of an electrical inspector who does electrical work
for the town of 10,000 south of Boston.
When Is a Confidentiality Waiver Not a Confidentiality Waiver?
It is common for ethics codes to allow respondents in ethics
proceedings to waive confidentiality and make the proceeding public.
This is what South Carolina governor Mark Sanford did, according to an
article in The State back in August.
Conflicting Employment Is Nothing to Rave About
Some forms of conflicting employment are wrong to the extent that the
only way to handle the conflict responsibly is to resign from one of
the jobs. If this is not done, even a minor conflict can be very
damaging, especially when there are already other problems. This is the
case with an administrator at the Los Angeles Coliseum who worked on
the side as a consultant for a company that annually produced a rave at
the Coliseum.
On the legislative immunity front, according to an
article in the Providence Journal,
a date has been set for the Rhode Island Supreme Court to hear the
appeal by the Rhode Island Ethics Commission of the decision upholding
the old constitutional legislative immunity clause against a more
recent constitutional amendment creating the ethics commission and
giving it jurisdiction over the state legislature.
Some Problems with Mayoral Executive Orders in Philadelphia
On January 25, Philadelphia Mayor Nutter signed three ethics-related
executive orders, which I would love to link you to, but cannot.
How effective, except as a way to get the council moving on ethics reform, are executive orders that can't be found online? These orders deal with nepotism, family-oriented conflicts, outside
employment, and gifts.
It's amazing how much local government ethics activity there is in
this July. Here is a miscellany of issues that have arisen
in just the last few days.
Subpoena Power
According to an
article yesterday on the WFPL website, the Louisville ethics
commission has been trying unsuccessfully to get subpoena power
since an important proceeding against a council member was hampered
by its inability to get several witnesses to testify.
Model Ethics Code Promotion As Community Service
I promise you that I did not write the City Ethics Model Code in order
to shorten my prison sentence. According to an
article
in
yesterday's Connecticut Post, that is effectively what a
Shelton, CT developer offered to do to shorten his sentence for lying
in court about gifts he made to Shelton officials, including the mayor.