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Local Government Practice December 5, 2013

Arguments For and Against "Resign to Run" Laws

A "resign to run" law is an unusual sort of conflicts of interest law. It requires that before an elected official runs for a different office, she resign from her current office. Philadelphia's "resign to run" law is one of the most onerous ones. According to the Committee of Seventy, a Philadelphia good government organization, other cities that have such laws, such as Phoenix and Dallas, also have term limits for council members. Philadelphia does not.
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December 4, 2013

NY's Moreland Commission Recommendations Too Criminally Oriented

New York State's Moreland Commission to Investigate Public Corruption filed a preliminary report on Monday. Most of the report involves state campaign finance and election laws, but many of these laws affect local government practices, as well. Those involving government ethics criminalize it, and an important recommendation is both too much and too little.
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Campaign Finance & Pay-to-Play December 3, 2013

Nagle on Withdrawal As Cure for Campaign Contributions

It was pointed out to me by Justin Levitt, a professor at Loyola Law School Los Angeles, that back in 2000 John Copeland Nagle, a professor at Notre Dame Law School, wrote a law review article suggesting what I call the Westminster Approach to campaign contributions from those seeking benefits from the recipient official's government. The article, which focuses on Congress, is entitled "The Recusal Alternative to Campaign Finance Legislation" (37 Harv. J. on Legis. 69 (2000)).
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Enforcement & Complaints December 2, 2013

Carrigan Decision: Seeking Ethics Advice Is Due Process

The long-running Carrigan case (Carrigan I, that is) may have finally come to an end. And it's a very good end. After the U.S. Supreme Court threw out Carrigan's absurd argument that a council member has a First Amendment free speech right to vote on legislative matters where he is conflicted, the Nevada Supreme Court concluded that, if a council member chooses not to seek ethics advice and votes on a matter involving someone with whom he has a special relationship, he cannot say that the conflict provision was unconstitutionally vague with respect to due process.
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Enforcement & Complaints November 26, 2013

Law Firm Turns to Logical Fallacies to Defend Its Non-Compliance with Ethics-Related Subpoenas

In New York State, lawyers are once again insisting that they are an exception to ethics laws. The Moreland Commission, a special investigatory commission called by the governor and consisting of district attorneys and other law enforcement officials, has subpoenaed the employers of several state legislators. According to an article in the Democrat and Chronicle, most of the employers quickly complied with the subpoenas and provided the requested information.
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Campaign Finance & Pay-to-Play November 25, 2013

When Campaign Finance Oversight Sucks Up an Ethics Program's Resources

An editorial in yesterday's New Orleans Times-Picayune points out a problem that is common to many ethics programs that have jurisdiction over both conflicts of interest and campaign finance:  campaign finance sucks up the program's resources, leaving too few resources for other things, including the collection of the fines they impose.
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November 25, 2013

Top Tallahassee Officials Oppose Ethics Advisory Panel Recommendations

Now that Tallahassee's mayor has opposed all of the recommendations from a special ethics advisory panel (attached; see below), according to an article last week in the Tallahassee Democrat, it's about time to look at those recommendations and what, it appears, is going to happen to them.
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Ethics Commissions & Administration November 22, 2013

Too Conflicted to Sit on an Ethics Commission

It should be heartening to announce that the head of an important good government organization has been appointed to the North Carolina Ethics Commission. But sadly, it is not.

Francis X. De Luca is the president of the Civitas Institute, which has taken strong stands for improving North Carolina's state ethics program. He is, therefore, someone who should understand government ethics and act to improve the program from within.
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Transparency & Disclosure November 20, 2013

How Much Needs to Be Disclosed?

Maryland has a rule that local ethics ordinances must require the disclosure of all an elected official's real property, stocks, and bonds. According to an article in the Carroll County Times, the Mount Airy council keeps passing an ethics ordinance that requires the disclosure only of real property in Mount Airy and surrounding counties, but nowhere else.
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Enforcement & Complaints November 20, 2013

An Ethics Complaint Against a Lawyer on a Local EC

Many people think that lawyers make the best ethics commission members. In fact, many ethics codes require that at least some members of an ethics commission be lawyers.

However, lawyers are the individuals most likely to have relationships and obligations that conflict with the obligations they have as EC members. For example, they often have relationships with elected officials, who are often lawyers themselves, as well as with clients who seek special benefits from the local government. And they often represent clients before their local government's agencies and bodies.
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