City Related | City Ethics

January 5, 2009

Contract Avoidance Provisions -- Still in Stratford

The situation discussed in the previous blog entry also provides a good example of why it is important to have a contract avoidance provision in a local government ethics code. Here is the one in the City Ethics Model Code:

Conflicts of Interest January 5, 2009

Complicity Provisions: Dealing Responsibly with Conflicts

How do you deal with a department head who helps creates a conflict of interest problem that does not apply to him personally? Few ethics codes contain complicity provisions that deal with this problem. The City Ethics Model Code complicity provision begins: "No one may, directly or indirectly, induce, encourage, or aid anyone to violate any provision of this code...."

January 4, 2009

Pay-to-Play Scandal Takes Out Bill Richardson

Life would be easier for honest politicians if there could be no intersection between government contracts and contributions to campaign and candidate-associated political committees. The possibility of Commerce Secretary nominee Bill Richardson's involvement in a New Mexico pay-to-play situation has led him to withdraw himself from the nomination process, according to an AP article today.

Conflicts of Interest January 4, 2009

A Suit Against Council Members That Squares the Virtuous Circle of Conflict of Interest and Legislative Immunity

For all you local government legislative immunity fans, here's a case you'll enjoy (other local government ethics people should find it interesting, as well). A Virginia state senator has sued members of a city council for what they did in their legislative capacity, despite the fact that she knows she herself cannot be sued for what she's done in her legislative capacity. That's a nice start, isn't it?

December 31, 2008

Local Government Ethics Audioconference

The International City/County Management Association (the city, county, and town manager professional organization) is holding a 90-minute audioconference on local government ethics on January 29. I do not know the details of the program, and I am not endorsing it, but it sounds like a very inexpensive way for local government managers and employees to share a professional presentation on local government ethics.

December 24, 2008

Nevada Legislative Immunity Decision Comes Down -- A Bit Too Far For My Taste

The Nevada legislative immunity opinion has come down. It's in two parts, searchable, 1 and 2. There's also a Las Vegas Review-Journal article on the decision, which says that the ethics commission plans to appeal the decision.

December 23, 2008

Candidate Disclosure in Detroit Becomes a Political Football

What's the best reason for mayoral candidates not to disclose their finances, monies received directly or indirectly from the city, etc.? Just ask some of the candidates running to replace disgraced Detroit Mayor Kwame Kilpatrick.

Ethics Codes & Reform December 23, 2008

The Holiday Spirit and the Spirit of Ethics Laws

It's pop quiz time. Read the following ethics code provision and hypothetical, and answer the question that follows them.

No public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency

Conflicts of Interest December 22, 2008

Miami-Dade County's Cone of Silence, Prohibiting Oral Ex Parte Communications re Contracts

While on the topic of ex parte communications, it's a good time to mention a very special ex parte communications provision, Miami-Dade County's renowned "code of silence" provision. It's also a good time because, according to an article in the Miami Herald, the provision was reconsidered earlier this month by the Budget and Finance Committee of the county commission.

Conflicts of Interest December 22, 2008

Ex Parte Communications and More Town Attorney Shenanigans

One way to deal with possible conflicts is to nip them in the bud by not allowing any personal communications between officials and interested parties ("ex parte communications"). All communications must be official, either documentary or at formal meetings or negotiations.

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