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Enforcement & Complaints
104 articles

Enforcement & Complaints

Enforcement & Complaints November 26, 2013

Law Firm Turns to Logical Fallacies to Defend Its Non-Compliance with Ethics-Related Subpoenas

In New York State, lawyers are once again insisting that they are an exception to ethics laws. The Moreland Commission, a special investigatory commission called by the governor and consisting of district attorneys and other law enforcement officials, has subpoenaed the employers of several state l…
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Enforcement & Complaints November 20, 2013

An Ethics Complaint Against a Lawyer on a Local EC

Many people think that lawyers make the best ethics commission members. In fact, many ethics codes require that at least some members of an ethics commission be lawyers. However, lawyers are the individuals most likely to have relationships and obligations that conflict with the obligations they ha…
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Enforcement & Complaints November 19, 2013

Why Ethics Proceedings Should Not Be Delayed Due to a Criminal Proceeding

A Hartford Courant editorial on Friday asked a question that is not asked enough, Why delay an ethics investigation until a criminal investigation is complete? Another such question that is not asked enough is, Why delay an ethics proceeding until a criminal proceeding is complete? The editorial ta…
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Enforcement & Complaints September 19, 2013

The Extent of Legislative Immunity in an Open Records Proceeding

This blog has been closely following cases where the legislative immunity defense has been used in government ethics proceedings. This week, the same issue arose with respect to an open records proceeding in Wisconsin. According to an article posted on the Madison Isthmus site yesterday, Wisconsin'…
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Enforcement & Complaints September 5, 2013

Dealing Responsibly with an Ethics Violation

Here's a what-not-to-do scenario of a sort that is too rarely included in ethics training. And yet it's one that could save a lot of officials, as well as ethics programs, a great deal of trouble, and help maintain public trust in local government. According to an article in Tuesday's Miami Herald,…
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Enforcement & Complaints August 7, 2013

Jursdiction, Nepotism, Retaliation, and Independence

Yesterday, Oregon's Statesman Journal reported an interesting case that involves a number of important government ethics issues. The state's Department of Corrections (DOC) deputy director allegedly used his position to influence an Oregon Corrections Enterprises (OCE) administrator into hiring his…
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Enforcement & Complaints March 8, 2013

Intent and Criminal Penalties for Ethics Violations

I begin the "Intent" section of my book Local Government Ethics Programs by noting that, "One of the distinguishing aspects of government ethics is the fact that it does not deal with or require a showing of intent, willfulness, knowledge, or motive." The next sentence is, "This is yet another reas…
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Enforcement & Complaints January 10, 2013

Restorative Justice in Government Ethics

Government ethics proceedings are usually not very satisfying for those involved. Individuals rarely get to tell the entire story from their point of view. Nor do they profit from hearing how others saw the situation or experienced the events. The format for ethics proceedings is similar to the cri…
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Enforcement & Complaints January 5, 2013

Innocence and the Difference Between Criminal and Ethics Enforcement

Is it enough for a local official to be "not guilty"? This is the question that has been raised with respect to a Tamarac, FL city commissioner who was found not guilty of bribery in December, according to a column by Michael Mayo this week in the Sun-Sentinel. Soon after she was found not guilty, …
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Enforcement & Complaints December 6, 2012

Intimidation in the Complaint Process

An eye-opening report was published this week by the American Civil Liberties Union of Connecticut. The report was based on a survey of all the state's police departments regarding the filing of complaints. Although complaints filed by the public against police officers rarely involve conflicts of …
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