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Ethics Commissions & Administration December 10, 2013

The Many Reasons Why a City or County Attorney Should Not Provide Ethics Advice

A month ago, I wrote about some problems Honolulu's ethics program was having with the corporation counsel. The problems have continued. The big issue this last week has been the corporation counsel's provision of ethics advice. So far, the argument has primarily taken place in the form of memos.
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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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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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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. And the state ethics commission keeps rejecting the ordinances as insufficiently strict.
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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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Conflicts of Interest November 18, 2013

The Sale of Special Access to Confidential Information

A recent post on Philadelphia's Parents United for Public Education blog raises an issue that pulls together FOI and confidential information issues. Entitled "Is 'right to know' the new 'pay to play'?", the post is about Parents United's attempt to make public a report that contains a list of Philadelphia schools recommended for closure and the criteria used for developing the list.
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November 12, 2013

"Frivolity" in Kenosha, WI

"Frivolous" is a word that, I believe, has no place in a government ethics program. A look at an attempt to add it to Kenosha's ethics program shows how, well, frivolous the word is.
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November 12, 2013

Seattle Rejects Public Financing and Embraces District Council Elections

In my estimation, Seattle voters made a big mistake last week. They voted for two related changes to their government. One was a public campaign financing program for citywide council elections. The other was a change from citywide council elections to district council elections, which would leave only two citywide positions.
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November 8, 2013

EC vs. Corp. Counsel in Honolulu

Many local ethics programs are caught up in an ongoing battle with the city or county attorney. Usually this battle goes on behind the scenes. But in Honolulu, due to an unusual grant of budget oversight to the corporation counsel, this battle has gone public.
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Local Government Practice October 30, 2013

The Philadelphia Ethics Board's Proposed Gift Regulation

Updated: November 20, 2013 (see below)

The gift regulation proposed by Philadelphia's ethics board last week (attached; see below) provides a great opportunity to consider many issues involving gift bans and exceptions.
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