City Related

Many local government ethics codes define a conflict of interest as existing only when an official stands to receive a financial benefit from his or her action or inaction. But real and perceived conflicts exist even when there is no financial benefit to an official. Important examples include benefits to relatives and business associates, where the official only benefits indirectly, while others benefit directly.

A new argument has been made in the legislative immunity part of the case against a Baltimore council member who is now the mayor. In a memorandum to dismiss a new indictment (attached; see below), filed on September 8, the mayor has argued, on pages 3-10, that testimony by someone who attended events which the mayor attended in her legislative capacity cannot be used against her.

The New Orleans Ethics Review Board, formed in 2006, certainly wins an A for independence. According to the city ethics code, six of its seven members are chosen by the mayor (with council approval) from nominees submitted by the heads of five local private universities (the seventh is the mayor's to select). Unfortunately, the result is that the majority of board members work at the universities.

Some news in Greensboro, NC led me to a blog post on old news in Greenburgh, NY, so here's the new news and the old news about two cities with nearly the same name.

Two former public works employees are in the news this week for misconduct.

If you want to encourage unethical behavior, give individual officials independent power over the sorts of decisions where people have the greatest incentive to tempt officials, and officials are in the best position to enforce pay-to-play.

Here's an interesting potential conflict.

Here's a mind-twister of a situation, from St. Marys City (GA; pop 17,000). According to an article on jacksonville.com, four members of the city council wrote the state attorney general asking for a ruling on whether a fifth council member violated state law by refusing to disqualify himself from voting on the proposed relocation of the St. Marys Airport (he owns a business there).

One of the most contentious topics in local government ethics is prohibition vs. disclosure of gifts to officials. As with so many government ethics issues, the best answer is both, but reaching the best answer requires a thinking outside the box, along with a sincere interest in ending pay-to-play, in this case, the use of gifts as a way to reward officials for past or future conduct.

Applicant disclosure is an effective part of local government ethics that is usually ignored. Usually it is officials who are required to disclose potential conflicts of interest, either in the form of annual disclosure statements, revised when circumstances change, or in the form of announcements that they have a potential conflict and are withdrawing from involvement in a matter.