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 events which the mayor attended in her legislative capacity cannot be used against her.
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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 ordinary laws. Why and in what way? Here are two different responses.

Private Interest vs. Public Interest
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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 to select). Unfortunately, the result is that the majority of board members work at the universities.
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September 2, 2009

Michigan Disclosure Proposal Doesn't Go Very Far, Locally Speaking

According to an article in the Detroit Free Press, Michigan's Attorney General is seeking stronger financial and gift disclosure requirements for state officials, and he wants these requirements to apply to local officials, as well. But there's a catch:  they would only apply to local elected officials who are paid at least $65,000. That would include the Detroit City Council, Wayne County Commission, and strong mayors.
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September 1, 2009

Extreme Ethics Enforcement in China

Last's week's Economist provides a look at a new form of local government ethics enforcement in China, which exists because local governments have failed to institute ethics programs. That form of enforcement is murder, and it appears to be increasingly accepted by the courts.
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