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Enforcement & Complaints
104 articles

Enforcement & Complaints

Enforcement & Complaints May 18, 2012

Using Confidentiality as a Smokescreen

It's Attack the Ethics Commission week once again, this time in New York State. According to an April 16 article in the Albany Times-Union, a mayor from one party filed a complaint against the deputy majority leader of the New York Senate, who is a member of the other party. The complaint is includ…
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Enforcement & Complaints April 27, 2012

The Going Rate, Statutes of Limitations, and Spousal-Dealing

A few issues arise in the case of a Pennsylvania state senator who reached a settlement this week with the state's ethics commission that included a fine of $21,000, according to an article in yesterday's Montgomery County Times Herald. Pennsylvania state senators are paid for the rental of their d…
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Enforcement & Complaints March 23, 2012

Reward and Investigation Tips from Ireland

A few days too late for St. Patrick's Day, today's Irish Examiner has a wonderful story about catching officials involved in ethical misconduct relating to land use. It's an old story, but new to me, and probably new to you, as well. The occasion of the article is the publication of a 3,270-page re…
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Enforcement & Complaints November 21, 2011

A Local Ethics Law Without Local Ethics Enforcement

Here's the situation. There is a state ethics program that applies to local governments, and an ethics issue relating to a local law arises. There is no local ethics commission to enforce the local law, so what happens? This is the situation in Cincinnati. The issue involves a charter provision tha…
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Enforcement & Complaints November 19, 2011

Making Your Own Good Luck

Imagine this story. A mayor calls a group of local contractors and developers to a closed meeting on furthering economic growth in the city. The guests are given a welcome pack, and in the welcome pack is a plain brown, unmarked envelope. The mayor ran on a platform of stopping corruption, but the …
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Enforcement & Complaints September 3, 2011

D.C. Legislative Immunity in a Case Alleging Retaliation Against a Whistleblower

Did you know that the District of Columbia has its own Speech or Debate Clause? I learned this from reading the Motion for a Protective Order on Behalf of Mayor Vincent C. Gray filed on Thursday in the case of Payne v. District of Columbia. Gray, a former council president, is seeking to be protect…
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Enforcement & Complaints July 11, 2011

Trust and the Independence of Ethics Enforcement

The way elected officials often think about government ethics enforcement, it's almost as if they weren't being investigated and given a hearing, but were being stoned. And in a certain sense, that is what is happening. According to an article in the New York Times last week, David Sloan Wilson, an…
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Enforcement & Complaints June 8, 2011

Stall and Attack Offensives in Ethics Proceedings

It's important for ethics commissions to be prepared for the occasional official who, along with his or her attorney, will do anything to stop or at least delay its investigation, including attacks on the EC itself. A good example of how relentless an official can be is John J. O'Connor, now former…
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Enforcement & Complaints May 4, 2011

The Carrigan Oral Argument: How to Deal with Vagueness

Needless to say, last week's oral argument before the U.S. Supreme Court in the Carrigan v. Nevada Commission on Ethics case, which I have been following over the past year, was the last oral argument of the term. Was this putting local government ethics in the caboose or saving the best for last? …
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Enforcement & Complaints April 28, 2011

Who Should Pay for Attorney's Fees in Ethics Proceedings?

Update: September 17, 2011 (see below) An article in yesterday's Stamford Advocate keeps asking the question, Who should pay? The article is referring to attorney's fees related to an ethics proceeding. Most ethics codes do not deal with this issue, and therefore it often turns into a big political…
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