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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 mad…
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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 e…
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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). According to an article this week in the Plan…
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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 funct…
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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…
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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 bene…
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Local Government Practice September 11, 2009

An Attempt to Extend Legislative Immunity to Exclude Testimony and the Vagueness of "Regulated by the City"

A new argument has been made in the legislative immunity part of the case against a Baltimore council member who is now the mayor. In a memorandum to dismiss a new indictment (attached; see below), filed on September 8, the mayor has argued, on pages 3-10, that testimony by someone who attended eve…
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September 10, 2009

Juggling Two Types of Ethics Reform in DuPage County (IL)

DuPage County, IL, a county of nearly a million people just outside Chicago (its largest town is Naperville), is juggling two ethics ordinance revision processes, one for the county, the other for the county election commission. Both appear to have attracted some controversy. County Ethics Ordinanc…
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Ethics Codes & Reform September 9, 2009

Two Explanations of Why Ethics Laws Provide Only Minimum Standards

There is little in government ethics that is more important than recognizing that, unlike other laws, an ethics code provides only minimum standards. That is, a public servant is required to fulfill the letter of an ethics code, but this is just the start. In this way, ethics laws are not like ordi…
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Ethics Commissions & Administration September 8, 2009

The Independence of New Orleans' Ethics Program

The New Orleans Ethics Review Board, formed in 2006, certainly wins an A for independence. According to the city ethics code, six of its seven members are chosen by the mayor (with council approval) from nominees submitted by the heads of five local private universities (the seventh is the mayor's …
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