City Ethics | Breaking the oxymoron: "City Ethics"

Conflicts of Interest April 27, 2009

Board Members and Jobs Under the Board's Supervision

Massachusetts has an interesting, but I think limited ethics provision that applies to local government board members and jobs under their board's supervision: Section 21A. Except as hereinafter provided, no member of a municipal commission or board shall be eligible for appointment or election by …

Ethics Commissions & Administration April 26, 2009

Supermajority Votes in the Probable Cause Phase of Ethics Enforcement

Requiring supermajority votes by ethics commissions to find probable cause or a violation is probably the best obstacle elected officials can place in the way of effective ethics enforcement. This is especially true of the probable cause phase, if there is one. Take the typical five-member town or …

Enforcement & Complaints April 25, 2009

Correcting a Misuse of Office Should Be Encouraged, Not Penalized

Here's an ethics story from Orlando with a good ending. It emphasizes what I wrote recently, that government ethics involves dealing responsibly with conflict situations. According to an article in today's Orlando Sentinel, an Orlando commissioner's son called her while pulled over by a police offi…

April 25, 2009

Patrick Fitzgerald on Solutions to Corruption

See Update Below At a University of Washington panel on Thursday, U.S. Attorney for the Northern District of Illinois, Patrick J. Fitzgerald, known most recently for his investigation and arrest of Gov. Blagojevich, spoke about corruption in government and what can be done about it. According to an…

Conflicts of Interest April 24, 2009

Why It is Important to Make It Clear That Conflicts of Interest Are Not Wrong

When I saw the lead headline in Wednesday's New York Times, "In Adopting Harsh Tactics, No Inquiry into Past Use," I thought of local government ethics, even though the article was about torture. Okay, I suppose I spend too much time thinking about local government ethics, but bear with me for a mi…

Conflicts of Interest April 23, 2009

Nonprofits and the Revolving Door

According to an article in Tuesday's New York Times, nonprofits are seeking an exception to the Obama administration's rule that lobbyists cannot serve in areas where they have lobbied. This raises the issue of the purpose of revolving-door provisions, which are common in local government ethics co…

April 22, 2009

In Nevada Legislative Immunity Case, Oral Arguments Raise Some Serious Issues

The oral arguments before the Nevada Supreme Court in the Commission on Ethics v. Hardy appeal are now available in MP3 format, suitable for your media player. It doesn't look as if the decision will be a good one for government ethics enforcement, certainly at the state level and, perhaps, at the …

April 21, 2009

Maryland Prosecutor Concedes Council Members' Legislative Immunity in Non-Criminal Ethics Proceedings

Once again, it has been proven that placing ethics in the hands of prosecutors can be damaging to the cause of government ethics. The proof this time is in the state prosecutor's opposition to the Baltimore mayor's motion to dismiss criminal ethics charges against her, partially on account of legis…

Local Government Practice April 21, 2009

Regulating Ethics in a Bust

Booms and busts are common not only in a financial system. They are also common in government ethics. Booms are when things are good, when local politicians seem worthy of our trust. Busts are when we find out that things aren't what they seemed. In other words, when there's a scandal. In an Econom…

Ethics Codes & Reform April 20, 2009

Covering Political Party Officers

Who is covered by an ethics code can be very important. In Baltimore, for instance, as I wrote in a recent blog entry, the city solicitor has interpreted the ethics code to require disclosure of gifts only from companies doing business with the city, not from their owners, officers, or employees. I…

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