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September 30, 2009

An Ethics Reform Petition Moves Forward in Utah

It's official. According to an article in yesterday's Salt Lake City Tribune, a comprehensive ethics reform petition has been okayed for distribution, with the goal of placing it on the November 2010 ballot. That requires 95,000 signatures on a 21-page petition that is far from easy reading. How ba…
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September 30, 2009

Maricopa County 5 - Practicing What You Enforce Is Only Fair

A week ago I wrote a blog post about preferential treatment, emphasizing that the way to distinguish preferential treatment from ordinary decisions and transactions, where someone is commonly preferred over others, is by whether the treatment is fair and whether the regular process is followed. Fai…
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Ethics Commissions & Administration September 29, 2009

Maricopa County 4 - Local Government Attorney Prosecutions of Those They Represent

One of the more interesting battles in the civil war among Maricopa County elected officials is the Battle of the Civil Division. When the county attorney indicted County Supervisor Don Stapley in December 2008, the board of supervisors decided to take away the county attorney's civil division and …
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Transparency & Disclosure September 29, 2009

Maricopa County 3 - Disclosing Properties Owned by a Corporation

A central dispute in the first group of charges brought against Maricopa County Supervisor Don Stapley involved whether he was required to disclose properties held by a company he owned, as long as he listed the company among his assets. Stapley felt this was not required. It is important to list a…
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September 27, 2009

Maricopa County 2 - Perjury Charges as Ethics Enforcement, and Officials' Trust in the Public

Both times Maricopa County Supervisor Don Stapley has had criminal charges brought against him, the counts included perjury charges for omissions on disclosure forms (2008 charges, 2009 charges). Is this the best or even an appropriate way to handle such omissions? It is true that, just above the s…
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September 26, 2009

Maricopa County 1 - Local Government Association Officer-Campaign Contributions

Update: 9/30/09 I was asked to do a short interview on Phoenix's NPR station KJZZ yesterday, to provide a government ethics view on issues relating to the latest battle in the uncivil war among elected officials in Maricopa County, the county that includes Phoenix. My research into what is going on…
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Enforcement & Complaints September 25, 2009

Public Servants Should Not Take Action Against Those Who File Non-Frivolous Ethics Complaints Against Them

When a congressman goes after a lawyer whose organization filed an ethics complaint against him (in his capacity as Colorado's secretary of state), you know he is more interested in getting even than he is in the public interest. Getting even, however, is not what public servants should be doing. A…
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Conflicts of Interest September 24, 2009

Disclosure Is A Necessary Part of Recusal

Recusal is a touchy subject for government officials, for two principal reasons. One, withdrawing from a matter can appear to constitute an admission of misconduct. This is because so many people, and even ethics codes, consider it wrong to have a conflict. Actually, recusing oneself is a way of de…
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Conflicts of Interest September 23, 2009

The Conflicts of Local Government Employees Running for or Holding Elective Office

When a government employee holds or runs for elective office, there can be conflict of interest problems. The principal problem occurs when the government employee has to participate in a matter that directly or indirectly affects his or her agency or department. Whether there is a conflict depends…
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September 22, 2009

Palm Beach County Business Coalition Gets Government Ethics

The business coalition in Palm Beach County (FL) really gets it. One reason is that City Ethics' Carla Miller has provided advice. The coalition consists of Leadership Palm Beach County, the Palm Beach County Business Forum, the Palm Beach County Economic Council, and the Voters Coalition. Its posi…
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