Contractors and Vendors

In Hawaii, "Aloha" is not just a greeting. It also is a way of treating people, of thanking them. In other words, it often involves a gift. That explains the headline of a Honolulu Civil Beat article yesterday, "Can Too Much Aloha Be a Bad Thing? Ask Hawaii's Ethics Commission."

It's been a few years since I wrote about the problems with the partisan, or "bipartisan," administration of local elections. One thing that arisen from this year's election is a strong feeling that it is high time that New York City's Board of Elections be reformed. Hopefully, this process will get a great deal of publicity, and become a guide for other communities.

According to an article in last week's Economist, last year 22 local councils in Italy were disbanded and taken over by the national government due to alleged infiltration by organized crime. This is an extreme way to deal with a poor local government ethics environment. But it's a very difficult problem for a local government to deal with.

Many ethics codes expressly state that government officials and employees may not allow the use of city stationery for any purpose other than city business. The principal goal of this rule is to prevent officials from using city stationery for personal purposes, such as campaigns, business transactions, and charitable solicitations. The rule is part of the more general prohibition of the misuse of city resources and of the city's power and reputation as the manager of the community.

Defining what lobbying is is one of the most important parts of a lobbying law. Not only are many definitions of lobbying unclear or full of loopholes, but it is difficult to get even a good definition across, because the popular concept of lobbying is different from what lobbying really is.

I've written a little about ethics issues involving quasi-governmental entities and private entities doing government work (oversight, misuse, and personal financial disclosure). But there are many other issues that arise, and become problematic, when public work is done by private entities.

It's been a year since I last wrote about placement agents, so it's time for an update, based on an article put up yesterday on the Forbes Magazine site, designated for the May 23 issue.

Local government vendor or supplier codes of conduct are not commonly found in the U.S. In a limited search, I couldn't find one. But corporations commonly have them, as do some Canadian cities and some states and state agencies. And they sound like a good idea.

The reason I raise this idea is that Cuyahoga County's new county executive says he will have one drafted (see my most recent blog post). What can we expect from such a code of conduct?

There is no greater pleasure for some people than accusing ethics professionals and ethics commission members of unethical behavior. That is why ethics professionals and ethics commission members have to be extra careful about what they do, and why individuals who have not dealt responsibly with conflicts of interest, at least in the recent past, should not accept a nomination to an ethics commission.

Officials soliciting charitable contributions from those doing business before them is unethical conduct too many ethics codes allow, often expressly. Miami-Dade County has in its ethics code what appears at first to be a very reasonable exception to the definition of a gift: