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Resources & Learning April 6, 2010

Moral Clarity II - Intentions

This is the second in a series of blog posts inspired by reading Susan Neiman’s book Moral Clarity: A Guide for Grown-Up Idealists (Princeton, 2008). A controversial aspect of government ethics involves intentions or motivations. Must an official be shown to have intended to act unethically in orde…
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Enforcement & Complaints April 6, 2010

Ethics Charges as a Beginning

Ethics charges are often not the end, but rather the beginning of a process to improve government ethics. Take a recent instance in Los Angeles. According to a City News Service article last week, a construction director for the Los Angeles Unified School District "was charged with nine felony coun…
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Resources & Learning April 5, 2010

Moral Clarity I - Reason and Ideals

I recently read Susan Neiman’s book Moral Clarity: A Guide for Grown-Up Idealists (Princeton, 2008) and found a lot there of value to government ethics, even though government ethics doesn’t generally involve the big questions of moral philosophy (see my blog post on this). I am going to write a fe…
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Ethics Commissions & Administration April 5, 2010

Guarding Ethics Guardians

Quis custodiet ipsos custodes? In English: Who will guard the guardians? This is a question many people ask about ethics commissions. But the question I would like to raise is, Is this the right question to ask? The question was raised yesterday by Pawtucket (RI) Times columnist Jim Baron, concerni…
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Local Government Practice March 31, 2010

Vive Les Differences!

One of the biggest differences between unethical conduct and criminal conduct by government officials is the matter of proving intent. For example, a bribe is nothing more than a gift to a government official where it has been proven that the official intentionally took a gift in return for certain…
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Local Government Practice March 31, 2010

A Government Attorney's Discretion

Georgia seems intent on providing an entire course on the ethical obligations of government attorneys. This time it's the obligations of the state's top government attorney, the attorney general. There's also an issue concerning special government attorneys. The governor wants to file a suit to cha…
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March 30, 2010

An EC Reports on a Legislator Who Resigned His Way Out of Its Jurisdiction

Here's another blog post about a Georgian who wants out of EC jurisdiction. Some ethics commissions, especially state ethics commissions, have no jurisdiction over officials once they leave office. Especially when ECs require confidentiality regarding complaints until probable cause is found, this …
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Ethics Codes & Reform March 30, 2010

Lawyers Who Want to Be Excluded from Government Ethics Codes

Government lawyers enjoy exceptions to transparency laws. Should they also be excepted from government ethics laws? Atlanta senior assistant city attorney Robert N. Godfrey thinks so, according to an article in yesterday's Atlanta Journal-Constitution. Godfrey allowed lawyers suing the city to pick…
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Conflicts of Interest March 29, 2010

Is It a Conflict for a Pension Fund's Investment Officer to Propose Outsourcing to His Firm?

After all the problems San Diego pension boards have had with conflicts of interest (see my blog post from November 2009), one would think they would be extra-sensitive to further conflicts. But, alas, not in this case. Last September, the San Diego County Employees Retirement Association (SDCERA) …
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Conflicts of Interest March 27, 2010

We Do Not Live by Financial Interests Alone

The tendency of local government ethics codes to limit conflicts to financial interests is one of my pet peeves. A current matter in Tacoma shows the downside of this limited definition of interests that can conflict. According to a recent article in the News-Tribune, a council member worked on the…
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