City Related

Should elected officials be held to a higher standard than ordinary people? And if so, who should decide?

How can a lawyer responsibly deal with the following situation? A former city attorney, he has been general counsel to the city's sports authority, which oversees three major sports with three stadiums (and there's talk of a fourth, which the lawyer has publicly supported). The lawyer is also special counsel to the city's transit and port authorities, which the firm represents. And the firm is bond counsel to the school district.

Yesterday, according to an article in the Dallas Observer, Don Hill, a former Dallas council member, and four of his associates were found guilty of participating in an incredible extortion plot relating to affordable housing in South Dallas.

There are limits on the legislative immunity of local government officials, according to a decision yesterday by the Baltimore Circuit Court in the Dixon case (attached; see below), involving the mayor of Baltimore at the time she was president of the city council.

Update: December 2, 2009 (see below)

I have often complained about how local government officials and attorneys approach government ethics matters in an overly technical manner. Well, ethics commission attorneys can do this, too.

When Is a Confidentiality Waiver Not a Confidentiality Waiver?
It is common for ethics codes to allow respondents in ethics proceedings to waive confidentiality and make the proceeding public. This is what South Carolina governor Mark Sanford did, according to an article in The State back in August.

The next round of memoranda have been filed by the parties to the Dixon case, where the Baltimore mayor (though the case relates to her activities as council president) is raising a defense of legislative immunity in a criminal proceeding for perjury (relating to failure to disclose) to keep out evidence that she knew that a developer who gave her many gifts was involved in a development with the city.

When a government employee holds or runs for elective office, there can be conflict of interest problems. The principal problem occurs when the government employee has to participate in a matter that directly or indirectly affects his or her agency or department. Whether there is a conflict depends on how direct the effect is. Another problem involves running for office in violation of the federal Hatch Act.

Privatizing local government functions can cause conflict of interest problems, but at least contractors can be held to contracts and replaced when they run afoul of ethics or other laws or requirements. The same is not necessarily true when non-profit organizations take over local government functions not as contractors or grant recipients (as with social service agencies), but as partial or full replacements.

Accusing someone of a conflict of interest can lead to trouble, especially if the person you accuse is a litigious lawyer and you do it outside of an ethics proceeding. This is what one can read from a $5 million suit filed by a former town attorney against the town of Victor, NY  (pop. 10,000) and a member of the town's planning board.