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Conflicts of Interest December 22, 2008

Miami-Dade County's Cone of Silence, Prohibiting Oral Ex Parte Communications re Contracts

While on the topic of ex parte communications, it's a good time to mention a very special ex parte communications provision, Miami-Dade County's renowned "code of silence" provision. It's also a good time because, according to an article in the Miami Herald, the provision was reconsidered earlier t…
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Conflicts of Interest December 22, 2008

Ex Parte Communications and More Town Attorney Shenanigans

One way to deal with possible conflicts is to nip them in the bud by not allowing any personal communications between officials and interested parties ("ex parte communications"). All communications must be official, either documentary or at formal meetings or negotiations. According to an article …
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Conflicts of Interest December 21, 2008

Nepotism Isn't About Kennedys

What stronger personal interest is there than family relationships? And yet so many people don't get the problems nepotism in government poses, at least until it takes a chunk out of their wallets. Take an article in today's New York Times Week in Review section. In looking at the stew going on ove…
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Conflicts of Interest December 20, 2008

Government Officials' Charities -- Secretive and Easy to Corrupt

I've written a few times about the ways local government officials misuse charitable organizations (1, 2, 3, 4, 5). But there are still charities-related issues I've missed. At a session at the recent Council on Governmental Ethics Laws (COGEL) conference on loopholes in and end runs around campaig…
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December 19, 2008

Lots of Good Faith in San Diego, and Still a Conflict of Interest Mess

Update below: Back in August, I wrote a long blog entry praising the way San Diego's Centre City Development Corp.'s  (CCDC) board handled a conflict matter. I focused on the board's refusal to pull the usual San Diego (and elsewhere) stunt of denying that anything serious had occurred. Instead, it…
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December 19, 2008

Report on Annual Reports III

There's a national local government annual ethics report that is worthwhile taking a look at. It comes from the International City/County Management Association (ICMA), the professional organization of city, county, and town managers. To my knowledge, no other local government executive or legislat…
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December 19, 2008

Report on Annual Reports II

Because local governments' annual ethics reports serve so many purposes -- publicizing the ethics program's existence, educating officials and the public about what an ethics program includes, and making an example of those who do not file disclosure forms or are found to have participated in uneth…
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December 18, 2008

Report on Annual Reports I

Annual reports are, among other things, one of the most important, and overlooked, enforcement mechanisms. At the Council on Governmental Ethics Laws (COGEL) conference last week in Chicago, the executive director of the Philadelphia Board of Ethics, Shane Creamer, presented the board's first campa…
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Ethics Codes & Reform December 16, 2008

The Virtuous Circle of Ethics Laws and Legislative Immunity -- And the Legislators Who Stand Outside of It

Back in June, in the middle of a long blog entry on legislative immunity, I referred to the virtuous circle that includes both ethics laws and the Speech or Debate Clause, which provides legislators immunity from interference from the executive and judicial branches. I would like to focus on this v…
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Local Government Practice December 15, 2008

Co-Opting Subordinates Through Ordering Unethical Conduct

Last week, the Kansas City, MO city council ordered an investigation into possibly unethical conduct by the city's mayor, according to an article in the Kansas City Star. The principal conduct is the use of the mayor's former communications director to work on a political campaign (not the mayor's …
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