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Enforcement & Complaints
104 articles

Enforcement & Complaints

Enforcement & Complaints April 28, 2009

Paper Tigers

Local government officials often defend halfway ethics reforms by saying that they're just the beginning, and that something is better than nothing. But halfway reforms are often effectively little more than nothing, especially in the area of enforcement. "Window dressing" is one term for such refo…
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Enforcement & Complaints April 25, 2009

Correcting a Misuse of Office Should Be Encouraged, Not Penalized

Here's an ethics story from Orlando with a good ending. It emphasizes what I wrote recently, that government ethics involves dealing responsibly with conflict situations. According to an article in today's Orlando Sentinel, an Orlando commissioner's son called her while pulled over by a police offi…
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Enforcement & Complaints April 17, 2009

Legislative Immunity Goes Local: The Defense Was Just Used in an Ethics Matter in Baltimore

It had to happen soon:  a legislative immunity defense has been used in a local government ethics matter, albeit in a city where violations are criminally prosecuted. I happened upon it in my research on my last blog entry, about the Baltimore mayor's defenses of her taking gifts from a city develo…
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Enforcement & Complaints March 12, 2009

Anonymous Complaints

Anonymous complaints are both important and problematic. Without anonymous tips and hotlines, our justice system would not work nearly as well as it does. With ethics programs, officials involved in unethical conduct often have great power in the community, and the people who know what they are doi…
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Enforcement & Complaints March 11, 2009

Time Limits on Investigations

It's amazing how quickly a legislature can move when a bill is so embarrassing, the state's major newspaper calls it "Great for unethical public officials. Lousy for taxpayers." How quickly? Same day service. This just happened in Alabama, according to an article in yesterday's Birmingham News, a d…
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Enforcement & Complaints March 7, 2009

Legislators Fending Off Ethics Enforcement -- Who Needs Legislative Immunity?

Two months ago, I wrote a blog entry about the en masse resignation of the Jackson County (MO) ethics commission, and said that this was a sign that things were seriously wrong in that county. Little did I know. One thing I didn't know was the conflict that lies at the center of the commission's se…
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Enforcement & Complaints January 24, 2009

NY Senator Bruno's Indictment Shows Us Once Again That Ethics Self-Enforcement Doesn't Work

Former New York State Senate Majority Leader Joe Bruno has been indicted by a federal grand jury, but his biggest crime was not taking millions of dollars in so-called consulting fees. His biggest crime was standing in the way of any meaningful ethics reform in New York State. Here's what Susan Ler…
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Enforcement & Complaints November 14, 2008

Massachusetts Catches the Legislative Immunity Virus - Is it Time to Take a Fresh Look at the Ancient Speech & Debate Clause?

This week, another state ethics commission is facing a defense of legislative immunity. The state is Massachusetts, and the legislator happens to be the speaker of the house, Sal DiMasi. According to an article in the Boston Globe, one allegation against DiMasi (filed, at least in part, by the oppo…
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Enforcement & Complaints November 2, 2008

Speech and Debate Clause Used to Shield Legislators from Public Integrity Investigations

Back in June, I did a blog entry on the implications for local governments of a Louisiana decision that applied the Speech and Debate Clause to ethics investigations and decisions, effectively preventing state ethics commissions from investigating or enforcing ethics laws against state legislators,…
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Enforcement & Complaints August 6, 2008

Settlement Agreements

Most local government ethics codes do not explicitly deal with settlement agreements, but most state ethics codes do. I left settlement agreements out of my first draft of the City Ethics Model Code, but I have just added a provision, Section 213(5). The language is based on that of several state e…
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