City Related

Understatement: After one county district attorney recused himself from prosecuting the man who hired him for his job, the neighboring county district attorney accepted the case, despite the fact that he leased office space and had accepted a thousand-dollar campaign contribution from the suspect's nephew, who happened to be listed as the suspect's defense attorney. 'To suggest that that's a conflict of interest is to suggest that I have an integrity problem, which is simply not the case,' said the D.A.

It is difficult to be an ethical politician or administrator, or even a citizen, without a basic understanding of logic. It is also difficult to appreciate others' unethical conduct without a basic understanding of logic. By logic I do not mean the opposite of irrationality, but rather critical thinking, and specifically an understanding of logical fallacies. Logical fallacies are probably the most frequent form of unethical conduct in municipal government.

My blog entries must often seem like attacks on business interests. One reason is that conflicts are usually about personal financial interests conflicting with a government official's obligations to the public, and our democratic values require that the official's fiduciary obligations take precedence. And where there are financial interests, there are usually businesses. But that is not always the case. Obligations themselves can conflict, without any direct financial interest.

Some towns have proximity rules, that is, rules that require officials to recuse themselves from any matter dealing with property within a certain distance of property they own or rent. But it is hard to have a set number of feet or yards. A distance appropriate to an urban environment is very different from one appropriate to a rural environment. There are considerations to balance here. On one side, there is the good of making ethical guidance as clear as possible. On the other side are several bads.

You don't hear too much about recidivism in the municipal ethics world. One reason may be that it happens, but often at different levels, as a politician moves up the ladder. Take Congressional Representative Gary Miller, for instance. According to a recent article in The Hill, he got his start when he was a member of the Diamond Bar (CA) City Council.

It is very common for public servants to say (or others to say for them) that they did not feel they had a true conflict or did not understand the law. And often this is true. But why so often do those same people often try to hide the fact that they did not disclose their conflict (or the extent of it) or do something about it until they had no other choice? This is what happened recently in the New York City schools.

The big story this week from Largo (not Key Largo, but a West Coast town), Florida has a little bit of everything in it.

The Supreme Court of California has handed down a decision that could have a significant impact on conflicts of interest cases. In The People v. Chacon, S125236 (February 8, 2007), the court found that Chacon, a former council member charged with a conflict of interest, could not use the defense that she had acted upon the advice of the city attorney. The advice concerned her entering into an employment contract as city manager.

Transparency is one of the most important elements of government ethics. And yet government ethics itself is often kept secret. Respect for the privacy of those investigated is given preference over the rights of residents to know what is going on. Ethics commissions often do not file annual reports and, when they are required to, the reports are rarely placed on a city's website.

One of the best ways to create a more ethical environment in local government is to have more people run for office. The more people who run for office, the more pressure is put on the closed world that many local governments preserve. This closed world is preserved through the lack of interest not only of voters, but also of potential candidates, who feel the only way to get elected is to know the right people in the right way.