Advisory Opinions

Although we have more trouble seeing our own unethical behavior than we do seeing others' unethical behavior, Max H. Bazerman and Ann E. Tenbrunsel, the authors of the new book Blind Spots: Why We Fail to Do What's Right and What to Do about It, have found that people have a tendency "to overlook the unethical behavior of others when it is not in their best interest to notice the infraction." They call this "motivated blindness."

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.

Incompatible offices is a form of conflict I have not dealt with in this blog. A good occasion to do this is a recent California attorney general's opinion interpreting the state's 2005 incompatible offices statute, which applies to local and state "public officers." The opinion provides valuable definitions, as well as useful perspectives on the idea of office incompatibility.

Defining "Public Office"

In his book The Search for a Nonviolent Future, Michael N. Nagler wrote, "Anyone who plucks up the courage to offer an opponent a way out of their conflict can find herself or himself wielding an unexpected power." You may need to read this sentence over a few times before it completely sinks in.

The Courage of Ethics Commissions

My last blog post raised an interesting question. When an annual financial disclosure form (or, in some jurisdictions a special declaration of gifts received) requires the disclosure of all gifts from restricted sources, what are the expectations of an official who pays rent to a restricted source? How is the official expected to determine whether he has received a gift or not?

Update: August 26, 2011 (see below)

At the same time there is talk of local government ethics reform in New York State, the new attorney general has his own plan for local government oversight. But it is all criminal in nature.

On January 28, the New York State Bar Association issued a report on government ethics reform in New York State, which includes a section on local government ethics reform.

Update: December 14, 2010 (see below):

One thing I learned at the COGEL conference last week is that Darleen Druyun, the infamous Air Force procurement officer who favored Boeing before taking a job with it, had been given ethics advice on six occasions and ignored it.

Teachers and teachers' family members seem to be just the sort of people to run for school boards. They have either the expertise and/or the interest in education. But with them come conflicts of interest, and these can cast doubt on what they're doing there in the first place.

Teachers in the particular school district generally can't run for school board seats, but many teachers don't live in the districts where they teach. This prohibition often applies to their spouses as well, but not to their parents, siblings, and children.