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July 13, 2009

A Miscellany

Ethics Reform and Ethics Environments This weekend, the Press-Enterprise ran an excellent editorial about ethics reform in San Bernardino County. Not only do the editors recognize that watered-down, "symbolic" ethics reform is worthless, but they also recognize that even valuable ethics reform, suc…
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July 13, 2009

A Problematic Baltimore Legislative Immunity Decision

Update - July 31, 2009 - see below In my April blog post about the legislative immunity defense made by a former Baltimore council member (now the mayor), I felt that her arguments didn't have a chance. Well, I was wrong. I was wrong primarily because I thought that a state prosecutor would be dete…
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Local Government Practice July 11, 2009

Should a Local Government Attorney Represent Both the Executive and Legislative Branches?

As I have noted again and again, there is no more difficult, conflicted role than that of a local government attorney. In small towns, there's not a lot that can be done. But in cities and counties, there are several things that can be done to lessen the local government attorney's conflicts. This …
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July 10, 2009

Montreal Investigations -- Anything But Dull

We here in the U.S. like to think of Canadians as like us, but better. More honest, less greedy, more accepting of diversity, etc. And they pay for it by being dull. In the realm of government ethics, this sadly isn't true. At least in Montreal. According to a recent article in The Economist, Montr…
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Conflicts of Interest July 9, 2009

Improperly Invoking Conflicts in an Election Context

I don't like seeing conflicts of interest discussed improperly in the context of an election. Elections are a good time to educate the public about issues, but when government ethics is used for partisan purposes, it undermines both the public's understanding and their trust in elected officials. A…
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Local Government Practice July 8, 2009

Local Government Attorney Ethics Advice

A judicial opinion is apparently not enough to put an end to local government officials using the excuse that the local government attorney told them participation in a matter is legal. Nor is the fact that the official's decision whether to participate is not solely a legal decision, but rather a …
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Enforcement & Complaints July 8, 2009

Distorting the Government Ethics Process

Gov. Sarah Palin's national fame has brought government ethics complaints to the attention of people who had never paid any attention to them. And the result has, in general, been one of distortion rather than education. The latest news has especially distorted the nation's view of government ethic…
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Conflicts of Interest July 6, 2009

Wearing Two Hats in a Community Nonprofit Transaction

It is common for mayors and council members to take volunteer positions on the boards of community nonprofits. Sometimes it's primarily honorific, but sometimes it shows a special commitment to a particular program or project, and sometimes it involves a leadership position. Such a position can cre…
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June 30, 2009

RI Supreme Court Prefers Speech in Debate Clause to Constitutional Authority of Ethics Commission Over Legislators

The Rhode Island Supreme Court has reached a decision on the legislative immunity case (Irons v. RI Ethics Commission) involving the state ethics commission and the state legislature. As expected, its majority opinion (it was a 3-1 split) concluded that the state's Speech in Debate Clause 100% over…
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June 26, 2009

An Arrogant Response to an Ethics Report

It's not easy to publicize ethical and unethical activity in a responsible manner. And when this is done, it can sometimes lead to false attacks on the the legitimacy of the organization doing the publicizing. This is what happened this week in Colorado. Colorado Ethics Watch published an Ethics Ro…
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