City Ethics | Breaking the oxymoron: "City Ethics"

Local Government Practice May 5, 2010

Personal Ethics vs. Government Ethics

Failure to disclose or to recuse oneself, even when it is not legally required, can lead to some big headaches, as can be seen in Portland, OR, where a city commissioner voted on a grant to a non-profit organization where his girlfriend works. Also interesting in this case is the commissioner's use of personal ethics rather than professional, government ethics in making his judgment calls.

Conflicts of Interest May 4, 2010

When Voting Is Damaging, No Matter What the Ethics Code Says

According to an article in yesterday's Morning Journal, the Law Director of Lorain, OH (a city of 70,000), advising a council member, said, “If his employer had a direct financial interest, he would have a conflict. But it does not.”

Local Government Practice May 3, 2010

Legal Ethics vs. Government Ethics

Many government lawyers feel that the rules of professional conduct are sufficient to keep them ethical. Because of this, they sometimes seek to be excluded from an ethics commission's jurisdiction (see a recent blog post) and more often argue that the attorney discipline system takes precedence.

Conflicts of Interest May 1, 2010

Conflicts Involving Reputation and Government Positions

San Francisco's Conflict of Interest code has an unusual provision about voting on one's own conduct or position. You would think this provision goes without saying, but I can assure you it does not.

§3.210. Voting on Own Character or Conduct.

Ethics Codes & Reform April 30, 2010

NY State Comptroller Reports on Local Government Ethics and Provides a Model Code

New York State's new comptroller (see an earlier blog post about the prior comptroller's ethical problems) has recently produced a report based on an audit of 31 New York local governments and a survey of many more (see the press release for an overview).

Conflicts of Interest April 29, 2010

Elected Officials and No-Bid or Improperly Bid Contracts: Two Case Studies

A no-bid or improperly bid contract cannot help but create an appearance of impropriety. And yet not only do elected officials keep defending them, but they also refuse to acknowledge the appearance of impropriety that surrounds every one of them, especially when elected officials and their family members are involved. Here are two current examples, one in Dallas, the other in Richmond, KY, a city of 33,000 about 90 miles from Churchill Downs.

Dallas

Ethics Commissions & Administration April 28, 2010

Advice on Advisory Opinions

Again and again, local government officials say that there is no need for an improved ethics program in their town because no one is filing complaints. If there were ethical problems, they argue, there would be lots of complaints. But complaints are not an indication of the need for a better government ethics program. The reason is that no one files a complaint when they do not expect a fair hearing of the complaint (most basic programs do not have a body that is considered independent and neutral).

Conflicts of Interest April 27, 2010

Lawyer Exceptions and Preferential Treatment

According to an editorial in the Press Democrat, the city council in Santa Rosa (CA), a city of about 150,000 north of San Francisco, has postponed consideration of an ordinance requiring city lobbyists to register, supposedly due to complaints from nonprofits who do not want to pay the $120 fee.

April 26, 2010

Signs of the Times

(illustration from illegalsigns.ca, Toronto)

I haven't mentioned billboard companies in my blog. It's about time. Billboard companies can be a serious source of apparent impropriety and corruption in local government. And this is an important time for them, because things are changing in the billboard world. It's no longer mostly about old-fashioned billboards along highways. It's digital supergraphics on buildings and all sorts of 21st-century innovations that require new laws and regulations. But the same old constitutional issues remain.

April 24, 2010

A Circuit Judge in Chicago Gets the Government Attorney-Client Privilege Wrong

A city creates the position of inspector general in order to root out, and hopefully prevent, corruption. The inspector general decides to investigate a situation. A city attorney is involved. The attorney-client privilege is invoked. The investigation is blocked. And the word goes out: if you want to hide your corrupt conduct, involve a city attorney. It's that simple.

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