City Ethics | Breaking the oxymoron: "City Ethics"

Conflicts of Interest April 11, 2009

The Value of Jurisdiction Over Contractors in Projects Paid For with Local Government Funds

An important issue in local government ethics is how far jurisdiction should go. Recently, I did a blog entry on jurisdiction over those doing government-approved work. An article in today's New York Times raises another important jurisdictional question: should a local government have ethics jurisdiction over those contracted to do work supported by city funds, but not paid directly by the city?

Ethics Codes & Reform April 9, 2009

Ethics Practice vs. Ethics Law

One of the biggest problems people have with government ethics is acknowledging the difference between ethics enforcement and ethics practice. Ethics enforcement is legal. You cannot enforce rules that are not in the law. But when it comes to ethics practice, the law represents only the minimum requirement. The law is what you have to do, but an official can be more ethical, more open, more responsible than what is required. Officials have fiduciary duties that go far beyond the provisions of ethics codes.

Conflicts of Interest April 8, 2009

Ethics Jurisdiction Over Those Doing Government-Approved Work

Individuals and companies doing the work of government or work approved by government, even when they do not have a direct financial relationship with government, should be within the jurisdiction of a government's ethics code. This controversial position is strengthened by what happened to many Tennessee local governments, according to a front-page article in today's New York Times.

Conflicts of Interest April 7, 2009

The Obligations of a Local Government Attorney

According to an article in today's New York Times, the reason that charges were dropped against Sen. Ted Stevens is that federal prosecutors repeatedly failed to disclose information that may have helped the defense. Most of the prosecutors' misconduct was discovered and remedied, as far as possible, by the judge.

April 6, 2009

The Need for an Independent Ethics Commission in San Bernardino County

Updates below
According to an article in yesterday's Press-Enterprise, San Bernardino County (CA) looks like it might soon have an ethics commission. After numerous scandals, two of five members of the county's board of supervisors are convinced of the need for an independent ethics panel with teeth.

But how independent?

Ethics Codes & Reform April 4, 2009

Local vs. State Ethics Programs -- An Excellent Column on the Topic

State or local ethics laws, state or local ethics training, state or local disclosure forms, state or local ethics enforcement? This is probably the biggest issue in local government ethics. And it's a very complicated one, which I have only rarely dealt with. There are good (and bad) arguments on both sides, as well as practical, political, constitutional, and funding considerations to take into account.

April 2, 2009

A County Attorney At War with the County: The Conflicts Fly in Maricopa County

The Council on Governmental Ethics Laws has great instincts for meeting where the ethics problems are greatest. Last year it met in Chicago. This year it will be Maricopa County, AZ (the Phoenix area).

See update below

Transparency & Disclosure April 1, 2009

The Importance of Public Financial Disclosure

According to an article yesterday in the New Orleans Times-Picayune, there's a battle going on in New Orleans, but this time it involves a flood of public documents, as well as a trickle of financial disclosure forms. The battle is between the mayor and the city council, on one side, and a civil rights organization called the Louisiana Justice Institute on the other.

Ethics Codes & Reform March 31, 2009

Atlanta Ethics Report a Model for Other Local Governments

Happy Fifth Birthday, Atlanta Ethics Office! The Ethics Office has celebrated its birthday with a 40-page report on its first five years of existence. It is well worth looking at.

Conflicts of Interest March 30, 2009

Complicity and Knowledge

Last month, I wrote about the responsibility of lawyers and other professionals for doing something about the deeply unethical conduct of two judges in Pennsylvania who unjustly, and to their own financial benefit, incarcerated hundreds of juveniles.

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