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September 12, 2014

A Bullying Head of a Local Fiefdom

In an article in the New York Times this Monday, the Robeson County (NC) district attorney described his predecessor's bullying ways, which are typical of those of an individual who heads a local fiefdom:
“He is a bully, and that’s the way he ran this office. People were afraid of him. Lawyers were afraid of him.
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Enforcement & Complaints September 8, 2014

Yet Another Problem with the Criminal Enforcement of Government Ethics

In a an op-ed in the Daily Kos last Friday, Janos Marton — special counsel to New York state's recent Moreland Commission on state-level corruption — makes an excellent point about one of the problems involved in the criminal enforcement of government ethics :
The Executive Order under which the Commission operated directed us to investigate corrupt activity that was permissible under the New York's weak campa
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September 4, 2014

Chicago: Legislative IG and Mayoral Travel

Chicago's Legislative IG
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September 3, 2014

Nepotism in Metro Atlanta

Nepotism is a difficult topic to get a hold of. It is the most generally accepted kind of ethical misconduct, most governments do not keep records (or, at least, public records) of familial relationships, and nepotism provisions are rarely enforced. For all of these reasons, the news media do not give nepotism much coverage. So in many governments, especially those with poor ethics environments, nepotism is common.
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Enforcement & Complaints August 22, 2014

Criminal vs. Ethics Enforcement of Lobbying Laws: A Case in Massachusetts

There are several problems with the settlement the Massachusetts AG reached last week with a lobbying firm that the AG alleged had entered into an illegal contingency fee agreement with a hospital. According to the AG's press release, the lobbying firm would be paid a percentage of funds paid to the hospital pursuant to legislation the lobbyist would try to help get passed.

The Prosecutor
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Conflicts of Interest August 18, 2014

How Preferential Treatment Toward Municipal Employees and Contractors Can Affect Elections

Ferguson, MO — where Michael Brown was recently killed by a police officer, and the police department's first reaction was to protect the officer and keep the facts secret — is an unusual case of a local government where a scandal is likely to actually increase rather than decrease citizen participation in government.
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Transparency & Disclosure August 15, 2014

There Is No Reason to Leave Principals Out of the Lobbying Disclosure Process

Most people believe that lobbyists are guns hired to influence government officials, and most lobbying laws reflect this by applying only to those who lobby, not to the clients for whom they lobby. Unlike most laws, lobbying laws focus on agents rather than their principals.
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Conflicts of Interest August 13, 2014

Decisions Regarding Lobbyists Sitting on Advisory Boards

I believe that the best solution to the problem of having lobbyists and others seeking special benefits from the government sitting on government advisory boards is to get rid of these advisory boards. Conflicts involving these boards are important because, although they are "merely advisory," their recommendations are often accepted, and their members are often selected (or seen to be selected) in order to reach a particular conclusion.
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Conflicts of Interest August 5, 2014

Problems with Obtaining a Job with a Contractor for One's Agency

The Stamford (CT) Advocate's Angela Carella wrote an excellent column on Saturday about a post-employment (also known as revolving door) situation in Stamford. Entitled "In Ethical Questions, Appearances Matter," the column looks at the many problems with a school board member taking a job with a company that manages the school board's construction projects. He resigned his position the day before he accepted the job.
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Ethics Commissions & Administration July 31, 2014

CA Appellate Court Protects EC Legal Advice on the Basis of Privilege

The logic of a California appellate decision on Monday, in the case of St. Croix v. Superior Court (A140308, July 28, 2014) (attached; see below), doesn't seem right to me. It skips steps. St. Croix is the executive director of the San Francisco Ethics Commission, and this matter involves a public records request for documents relating to the commission’s regulations governing ethics complaints. Here's how the court's logic goes:
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