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Safra Working Papers

November 29, 2010

A Pattern of Behavior Investigated, Secretly, as Distinct Acts

Investigations of purported ethics violations by the Middlesex County (MA) sheriff apparently led to his suicide on Saturday. According to a Boston Globe chronology, the sheriff filed papers for retirement on October 28, while running for re-election on November 2. His plan was to get a pension and a salary.
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Enforcement & Complaints August 20, 2010

A Possible Cause of Action When an Official Retaliates Against a Citizen

What can a citizen do when a local government official falsely impugns her reputation and retaliates against her due to her opposition to a matter the official supports? The City Ethics Model Code has a provision that deals with an official falsely impugning a citizen's reputation, but very few ethics codes contain such a provision. And even our model code has nothing that deals with retaliation.
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Conflicts of Interest April 14, 2010

A Primer for Government Lawyers Faced with Officials' Conflicts

Today I came across the Municipal Research and Services Center of Washington (State) website. MRSC is "private, non-profit organization based in Seattle," whose mission is "to promote excellence in Washington local government through professional consultation, research and information services."
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July 13, 2009

A Problematic Baltimore Legislative Immunity Decision

Update - July 31, 2009 - see below
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Ethics Commissions & Administration December 26, 2009

A Proposal to Make New York City's Conflicts of Interest Board More Independent

The ethics commission for the largest American city, and the only one with a truly appropriate title — New York City's Conflicts of Interest Board — is appointed by the city's extremely strong mayor, with council approval.

If this old and highly respected EC were to be made independent of the administration it oversees, it would send an important message to the rest of the country's local governments.
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October 4, 2010

A Proposed Ethics Code for Memphis Falls Short

Three years ago, I featured Memphis in a blog post, noting that, in the last six years, 66 government officials, employees, and contractors had been found guilty of various sorts of government-related crimes. Last year, I noted that the city's mayor had resigned under a cloud of accusations.
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May 13, 2014

A Proposed Procurement Review Task Force in Miami-Dade

The mayor of Miami-Dade County has announced the formation of a Procurement Review Task Force to, according to his May 6 memo (attached; see below), "improve and simplify our procurement process."

The principal goals of the task force are:
To ensure that all procurements continue to be conducted with the maximum level of transparency, fairness and integrity."
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Conflicts of Interest March 14, 2008

A Public Interest That Is Personal and Material

There is an assumption held by people involved in government ethics that putting one’s personal interests ahead of the public interest is bad, that a healthy democracy depends on government officials working for the public interest rather than for themselves. But not everyone holds this view.
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November 9, 2010

A Recall Effort in Miami-Dade: Pros and Cons

Update: December 16, 2012 (see below)
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Local Government Practice December 18, 2012

A Regional Solution to Regional Corruption

In February, I wrote seven blog posts applying some of the concepts and practices of nonviolence to the field of government ethics. This is effectively an eighth post. This time the inspiration is not a book, but the latest issue of the journal New Routes, entitled "Peace Without Borders: Regional Peacebuilding in Focus."
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Ethics Commissions & Administration April 2, 2011

A Remedy for Lack of Ethics Training and Advice?

How important is ethics training? According to Justice Ginsburg's dissent in Connick v. Thompson, a 5-4 decision by the U.S. Supreme Court on March 29, it is the difference between life and death.
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Ethics Codes & Reform March 16, 2008

A Reminder About Ethical Reminders

Dan Ariely, an economist at M.I.T., made up a test that is easy to cheat on, in order to see how social situations might affect students’ choices whether to actually cheat or not. As described in his new book, Predictably Irrational, he found that students who had been asked to recall the Ten Commandments did not cheat at all.
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August 31, 2008

A Responsible Act of Non-Denial in San Diego, a Den of Denial

It's great to read newspaper commentary that shows an understanding of how an unethical organization acts, in this case, the effects of its employment of denial. Scott Lewis, voiceofsandiego.org's Executive Editor and political commentator, did this in a column this week.
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December 14, 2013

A Restricted Source Involved in a Preferential Arrest and a Questionable Third-Party Candidacy

Sometimes, conflict of interest matters come disguised as election law matters. Most of the time, due to secrecy, laziness, or an inability to draw lines between the dots, no one recognizes the conflict of interest matter. But sometimes, someone gives the game away, and it becomes clear how inextricable the two areas can be.
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March 10, 2011

A Rotten Crop of Oranges in Tamarac, Florida

I talk a lot about poor ethics environments, probably the single most important element in unethical conduct. But since loyalty is the strongest force in such environments, a great deal of work is done to hide the existence of poor ethics environments. After unethical conduct is discovered, it is rare for anyone to set out just how bad things were.
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Enforcement & Complaints October 6, 2009

A Second Baltimore Legislative Immunity Decision: There Are Limits!

There are limits on the legislative immunity of local government officials, according to a decision yesterday by the Baltimore Circuit Court in the Dixon case (attached; see below), involving the mayor of Baltimore at the time she was president of the city council.
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June 28, 2010

A Second Constitutionality Opinion in Broward County, Just Like the First

According to a letter (attached; see below) from a Fort Lauderdale attorney hired to provide a second opinion on the constitutionality of a lobbying provision in the proposed Broward County ethics code, the Broward county attorney (who wrote the first opinion) has decided not to continue seeking a declaratory judgment due to its cost to the county and the likelihood that a decision would be too late to serve its purpose (see my recent blog post<
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October 19, 2008

A Serious Election-Oriented Conflict of Interest in Southwest Ohio

See Update below
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November 12, 2008

A Serious Sort of Local Government Preferential Treatment Is Before the Supreme Court Today

See update below
A central element of government ethics is that preferential treatment is bad. Preferential treatment is bad when it involves favoring officials' businesses or family members over other businesses and individuals. Preferential treatment is even bad when it involves officials' favorite charities. And preferential treatment is especially bad when it involves officials' religions.
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August 12, 2010

A Sheriff Joe Campaign Finance Gambit


I don't normally deal with purely campaign finance issues, but this gambit is too good (or too bad) to pass by. The perpetrator of the gambit is our old friend Sheriff Joe Arpaio of Maricopa County, AZ.

You see, he's not running for sheriff again until 2012, but he doesn't like one of the guys who's running for county attorney in 2010, and he's got lots of money left over from the last election.
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