City Ethics | Breaking the oxymoron: "City Ethics"

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.

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 dealing responsibly with a conflict, and is the opposite of misconduct.

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 on how direct the effect is. Another problem involves running for office in violation of the federal Hatch Act.

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 positions are best stated in a short essay available at the League of Women Voters of Palm Beach County site.

Conflicts of Interest September 22, 2009

Preferential Treatment - Fairness and Process

Preferential treatment is one of the most difficult ethics provisions to deal with, because it seems on its face so open-ended. Every time a decision is made, someone is preferred over someone else, whether it's a hiring decision, a contract award, or a zoning change. But if these decisions are made fairly and through the appropriate legal process, there is no preferential treatment.

Ethics Commissions & Administration September 21, 2009

Appearance of Impropriety and Citizen-Based Ethics Commissions

One of the most difficult things for a government official to do is to determine whether his or her conduct creates an appearance of impropriety. Partially blinded by ego, surrounding yes-people, and the government's ethical culture, an official often finds nothing wrong with conduct that many or even most outsiders -- that is, citizens -- find questionable or downright wrong. It is hard for them to put themselves in citizen shoes in order to see whether their conduct might appear improper.

Conflicts of Interest September 18, 2009

An Undisclosed, Widely-Known Conflict as a Matter of Life and Death

Undisclosed conflicts can cause a lot of problems, but rarely are they a matter of life and death. In Collin County, TX, north of Dallas, an undisclosed conflict could have been responsible for a man's death sentence (and, perhaps, many more sentences).

Local Government Practice September 18, 2009

Jurisdiction and Oversight Over Nonprofits Doing Local Government Work

Privatizing local government functions can cause conflict of interest problems, but at least contractors can be held to contracts and replaced when they run afoul of ethics or other laws or requirements. The same is not necessarily true when non-profit organizations take over local government functions not as contractors or grant recipients (as with social service agencies), but as partial or full replacements.

Enforcement & Complaints September 17, 2009

Ethics Programs Protect Good Faith Complainants

Accusing someone of a conflict of interest can lead to trouble, especially if the person you accuse is a litigious lawyer and you do it outside of an ethics proceeding. This is what one can read from a $5 million suit filed by a former town attorney against the town of Victor, NY (pop. 10,000) and a member of the town's planning board.

Conflicts of Interest September 12, 2009

Conflicts of Interest Go Beyond Financial Benefits to Officials

Many local government ethics codes define a conflict of interest as existing only when an official stands to receive a financial benefit from his or her action or inaction. But real and perceived conflicts exist even when there is no financial benefit to an official. Important examples include benefits to relatives and business associates, where the official only benefits indirectly, while others benefit directly.

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