City Ethics | Breaking the oxymoron: "City Ethics"

Campaign Finance & Pay-to-Play October 15, 2009

Leaving Unions Out of Pay-to-Play Laws

Update: February 2, 2010 (see below)

A recent New York Times article concerns a potential conflict in the city council speaker's office. But what is most interesting about the article is the bigger question it raises about differentiating between businesses and unions in pay-to-play laws.

October 14, 2009

Another Local Government Official's Charity Mess. And Why Golf?

Once again, a local government official's attempt to use a charity to get around campaign finance laws has blown up in his face. According to an article in the Atlanta Journal-Constitution, an Atlanta council member was fined $25,000 by a state court for failing to register a foundation (named after himself) and failing to maintain financial records for it.

October 13, 2009

The Supreme Court Is to Consider How Honest Services Fraud Jives with Ethics Laws

Update: October 16, 2009 (see below)
In his New York Times legal affairs column today, Adam Liptak focused on what is known as "honest services fraud," which is actually part of a definition of "scheme or artifice to defraud" in the federal mail and wire fraud statute (before reading on, please read my earlier blog post on the meaning and history of honest services fraud).

Conflicts of Interest October 13, 2009

A County Attorney's Legal Advice About the Procedure for Her Own Raise

Here's an ugly little case study, based on an ethics complaint filed in September in Hillborough County, the county which includes Tampa. According to the complaint (attached; see below), the county administrator wanted to give herself and the county attorney a 1% salary increase. Salary increases in the county must be approved by the Board of County Commissioners (BOCC). The county administrator asked the county attorney if the raises would be legal without such approval, and the county attorney said they would be, because it was a benefit all county employees were entitled to receive.

Local Government Practice October 12, 2009

Holding Elected Officials to a Higher Standard

Should elected officials be held to a higher standard than ordinary people? And if so, who should decide?

Conflicts of Interest October 8, 2009

Taking the Big Ethical Step from Government Lawyer to Mayor

How can a lawyer responsibly deal with the following situation? A former city attorney, he has been general counsel to the city's sports authority, which oversees three major sports with three stadiums (and there's talk of a fourth, which the lawyer has publicly supported). The lawyer is also special counsel to the city's transit and port authorities, which the firm represents. And the firm is bond counsel to the school district.

Enforcement & Complaints October 7, 2009

Collecting Ethics Commission Fines

What's an ethics commission to do? Even ethics commissions with teeth, that is, with the ability to fine officials, rarely have a way of actually collecting the fines. And if they do have a way of collecting fines, it can make things look unfair.

October 6, 2009

Extortion Convictions in Dallas -- A Fascinating Story

Yesterday, according to an article in the Dallas Observer, Don Hill, a former Dallas council member, and four of his associates were found guilty of participating in an incredible extortion plot relating to affordable housing in South Dallas.

Enforcement & Complaints October 6, 2009

A Second Baltimore Legislative Immunity Decision: There Are Limits!

There are limits on the legislative immunity of local government officials, according to a decision yesterday by the Baltimore Circuit Court in the Dixon case (attached; see below), involving the mayor of Baltimore at the time she was president of the city council.

Ethics Codes & Reform October 5, 2009

Ordinary vs. Technical Readings of Ethics Provisions -- A Case Study

Update: December 2, 2009 (see below)

I have often complained about how local government officials and attorneys approach government ethics matters in an overly technical manner. Well, ethics commission attorneys can do this, too.

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