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Conflicts of Interest June 18, 2010

Having Concessionaires and Contractors Pay for Local Government Parties

It's a good thing, especially in this age of fiscal austerity, when a local government affair, such as a retirement party, is not paid for out of public funds. But retirement parties, within reason, are part of any organization's calendar. Better they be reasonable and paid for by taxpayers than th…
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Ethics Codes & Reform June 17, 2010

Local Government Sunshine Reform

Most local governments leave open meeting and public records matters to the state. But often the slowness and expense of the state enforcement process, as well as weaknesses in state law (e.g., too short a period for noticing agendas, vague guidelines on filling FOI requests), can mean that open me…
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June 16, 2010

The Broward County Commission Should Not Be Challenging the Constitutionality of a Lobbying Provision

Update: June 18, 2010 (see below) In a memo dated June 14, 2010 (attached; see below), the Broward County (FL) county attorney told the county commission that lobbying provisions in the county ethics commission's proposed ethics code are unconstitutional and, therefore, should either be removed by …
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Local Government Practice June 15, 2010

Responsibility for a Subordinate's Misconduct

What responsibility does a supervisor have for the unethical conduct of a subordinate? This issue arises in a matter in Winn Parish, Louisiana where, according to an article on myarklamiss.com, based on a channel 10 newscast (accessible on the same page as the article), a former chief deputy sherif…
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Local Government Practice June 12, 2010

The Ethics of Teachers and Politicians

According to an article in yesterday's New York Times, it is coming out that more teachers and school administrators have been involved in cheating on the test scores that may not only give them bonuses, but may determine whether their schools continue to exist. One can argue ad infinitum about the…
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Ethics Commissions & Administration June 11, 2010

Cincinnati Situation VII - Who Should Administer and Enforce Government Ethics

The Enquirer editorial I referred to at the end of my last blog post raised another important issue:  who should be administering and enforcing government ethics. Its conclusion was as follows: [S]ome cases aren't clear-cut. They should be judged by the voting public, not simply by some obscure bur…
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Conflicts of Interest June 11, 2010

Cincinnati Situation VI - Frequent Conflicts

As serious as the appearance of impropriety that arises from the council member's family firm seeking TIF money and a tax abatement from the city is the fact that any developer or member of a developer's family sitting on a city council faces not just the occasional ethical controversy, as has been…
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Conflicts of Interest June 11, 2010

Cincinnati Situation V - Officials Entering Into Contracts with Their City

The family firm's $100 million development takes this matter beyond ordinary conflicts, due to state and local laws on officials entering into public contracts with their city. What makes this issue far more serious than an ordinary conflict, which can be dealt with responsibly through recusal, is …
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June 10, 2010

The Cincinnati Situation IV - Proportionality

In determining whether a conflict or preferential treatment might exist, another aspect of benefits, in addition to how definite or direct they are, is their proportionality. Stated in the form of a question, Is the benefit at issue just one of many equivalent benefits to a sizeable group, such as …
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Conflicts of Interest June 10, 2010

The Cincinnati Situation III - Indefinite Benefits and Proximity

Indefinite benefits, like indirect benefits, are often not dealt with by ethics codes, and this means that they can cause confusion and controversy. This is one reason I tend to speak in terms of "possible conflicts," because possible conflicts based on indefinite benefits can be just as injurious …
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