City Related

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:

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...."

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.

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?

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.

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.

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.

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

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.

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.