Ethics Commissions & Administration

According to the Atlanta ethics office's fall newsletter, the Atlanta Board of Ethics reached a settlement with a council member who sought reimbursement from the city for costs related to her campaign newsletter, including payments to campaign workers who distributed it door-to-door in her district just before the 2009 election. She agreed to a fine of $1,500, plus restitution of $5,200 for city funds used to pay campaign expenses.

An Ethics Matters newsletter from the Atlanta ethics officer is always a valuable occasion for those interested in local government ethics. The fall newsletter is no exception (to subscribe, e-mail [email protected]). This is the first of two blog posts about matters raised in the fall newsletter.

All ethics oversight cannot be done by an ethics commission. Much oversight needs to be done outside of the complaint process. Even when complaints are made, a lack of proper oversight can leave a big hole in the facts available to an EC. I came across such a situation in yesterday's Bristol (VA) News.

Lawyer-legislators are extremely creative people. The latest use of their creativity is to argue that ethics boards cannot require disclosure of a conflict of interest that arises from legal representation because they have no jurisdiction over the practice of law. Only the state Supreme Court has that jurisdiction.

Who is the best sort of individual to select as an ethics commission member?  Some people believe it's a member of the clergy, because who else is more ethical? And there are many clergy members on ethics commissions across the country. But this shows either a misunderstanding of government ethics (that it's about being good rather than dealing responsibly with conflicts of interest) or a preference for appearances, even if it gives the public the wrong impression about what government ethics is all about.

A couple of months ago, the Ohio Ethics Commission did something very wise and valuable:  it drafted an advisory opinion on nepotism rules, gathering information from years of partial, specific advisory opinions, and providing examples. It even gives excellent definitions of each of the relevant terms, including such generally applicable terms as "public contract"  and "anything of value."

Last Saturday's Atlanta Journal-Constitution ran a long article, "Connections Count at Law Firm," on the Washington/Atlanta-based law firm McKenna Long & Aldridge. This firm was known to me primarily as the firm behind the Pay to Pay Law Blog, a good, although too infrequent blog that looks at government ethics and campaign finance from the compliance side, that is, fr

What do you do when an ethics commission is moribund? Sadly, few people know and few people care. That is the norm. Rarely does an official complain publicly, "I have no one to give me good ethics advice." She just goes to the city or county attorney, or makes the decision herself. Rarely does anyone complain that there is no ethics training or nowhere to file an ethics complaint. And certainly no official complains that he doesn't have to file a financial disclosure form anymore.

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.

I hate to see people resign with statements such as this, as typical as they are:

While I have been assured that I have violated no existing code, ordinance or statute, I cannot permit my integrity — and, by insinuation, Councilwoman Hermann’s — to be attacked.

Sadly, these are the words of a former Kansas City (MO) ethics commission member, according to an article in the Kansas City Star.