City Related
The Ethics of a City Filing for Bankruptcy
Robert Wechsler
The city of Vallejo, California (pop. 117,000) is about to file for
bankruptcy, primarily, it appears, to allow it to void union contracts
and have a bankruptcy judge rather than negotiations work out a new
contract. Sajan George, an adviser to struggling public entities, has
said, "There's a wave of this coming across the U.S. What happens
in Vallejo could definitely set a precedent."
The Responsibilities of a Lawyer Representing a Public Official
Robert Wechsler
A quote from a lawyer in an article
in today's New York Times
brought me back to what I recently promised to discuss at the end of a blog entry about
Elizabeth Wolgast's book, Ethics of an Artificial Person: Lost
Responsibility in Professions and Organizations.
Above the Law Is Well Below Ethics
Robert Wechsler
How a big-city police chief responds to his commission of an ethics violation is more
important than the violation itself. The worst thing he can do is act as if he is above the law, as if ethics laws, not to mention ethics
considerations, do not apply to him.
Sadly, Miami's police chief, John Timoney, has done the wrong thing almost every time he had the opportunity.
Click here to read the rest of this blog entry.
Sadly, Miami's police chief, John Timoney, has done the wrong thing almost every time he had the opportunity.
Click here to read the rest of this blog entry.
Law + Character Do Not = Ethics
Robert Wechsler
According to a
recent article in the Fort Worth Star-Telegram,
Fort Worth's mayor, Mike Moncrief, made $633,000 last year from the oil
and gas business. He also has an interest in several real estate
developments. A committee, appointed by the mayor and council, will
soon be making recommendations on rules for natural gas drilling and on
fees that affect real estate development.
Form of Government Ethics Issues
Robert Wechsler
Form of government issues are not generally considered to be part of
government ethics. But they are intertwined in important ways.
This can be seen from the New York City Council slush fund scandal. According to an article in today's New York Times, it began when the Board of Estimate, a finance board in charge of writing the budget, was abolished in the charter revision of 1989. This gave control of the budget to the Council.
This can be seen from the New York City Council slush fund scandal. According to an article in today's New York Times, it began when the Board of Estimate, a finance board in charge of writing the budget, was abolished in the charter revision of 1989. This gave control of the budget to the Council.
Political Use of Ethics Enforcement
Robert Wechsler
Ethics complaints are often brought for purely political reasons, and
election time is the favorite time for bringing them.
According to an article in yesterday's Flint Journal, a Thetford Township Supervisor brought an ethics complaint before his own board against a township Trustee who is planning to run for his seat this year. The complaint raises a reasonable problem involving a property tax exemption, but it is clearly not a violation of the township's ethics code.
According to an article in yesterday's Flint Journal, a Thetford Township Supervisor brought an ethics complaint before his own board against a township Trustee who is planning to run for his seat this year. The complaint raises a reasonable problem involving a property tax exemption, but it is clearly not a violation of the township's ethics code.
Legal Advice and Government Accountability
Robert Wechsler
Elizabeth Wolgast’s 1992 book, Ethics of an Artificial Person: Lost Responsibility in Professions and Organizations, raises some very important government ethics questions. I will deal with just one of them here.
The term “artificial persons” includes lawyers and government officials who are considered to act in the name of others. Wolgast’s book looks at the problems such artificial persons cause with respect to our ordinary views of such ethical issues as responsibility and accountability.
Too often, Wolgast says, lawyers and government officials hide behind their roles.
Tilting at Wind Farms in Northern New York State
Robert Wechsler
Ethics in a small town can be very problematic when one large company with special property interests comes into town. Whether it is a developer, a landfill owner, or other sort of business that seeks to get property or expand its holdings at an inexpensive price, its needs often lead it to tempt individual local government officials or dominate the town's politics.
In Franklin County (northeastern New York State), a new sort of business has been causing local governments ethics problems: wind farm companies.
Favoring Friends - The Massachusetts Approach
Robert Wechsler
Everyone knows it’s not right for government officials to favor their friends, but because friendships are so difficult to define, they don’t appear in ethics codes. Relatives can be defined, domestic partners can be defined, business associates can be defined, but not boyfriends or pals or old buddies. This is one of the limitations of dealing with ethics in the form of a law.
But the Massachusetts Ethics Commission, which deals with local government as well as state government officials, has found a way to deal with favoritism given to friends.
The Confidentiality of Ethics Proceedings and the Duties This Creates
Robert Wechsler
Confidentiality is a sticky issue in ethics investigations. It appears to be the norm, but many people do not seem to understand why it exists, or what duties it creates.
An interesting confidentiality issue arose recently in Beaufort, South Carolina, according to an article in today’s Beaufort Gazette. A former mayoral candidate filed a complaint against the current mayor with the state Ethics Commission.