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Local Government Practice November 26, 2008

Patronage - Good for Politics, Bad for Administration

According to an article in the Washington Post this week, a politics professor, David E.
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November 25, 2008

Nevada Senator Given Legislative Immunity from Ethics Commission Jurisdiction

A Nevada court found yesterday that the state ethics commission did not have jurisdiction over a state senator on grounds of legislative immunity, even though the state constitution has no Speech or Debate Clause. The judge gave the senator a preliminary injuction to prevent his having to appear before the ethics commission next week. No decision is available yet, but the judge did say that the state constitution would have to be amended for the ethics commission to have jurisdiction over a state legislator.
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Conflicts of Interest November 25, 2008

The Gift

Gift disclosure and limitations are an important part of government ethics. But rarely do we think of what gifts mean. Usually this goes little further than politicians saying, "I can't be bought."
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Conflicts of Interest November 25, 2008

Conflicts Do Not Only Involve the Official's Direct Financial Interests -- The Charity Case

Most ethics codes effectively define a conflict of interest as a conflict between an official's personal financial interest and an official's obligation to the public interest. But this leaves out an enormous number of personal interests, many of which are themselves financial, including the financial interests of family members, business associates, and favorite charities.
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November 24, 2008

New York City's Doing Business Database Goes Online

The NYC Campaign Finance Board has put together an excellent Doing Business Database, consisting of a searchable list of individuals (principal owners, principal officers, and senior managers of entities) “doing business” with a wide assortment of city agencies and quasi-governmental entities, including through contracts, bids or proposals for contracts, concessions, franchises, grants, economic development agreements, and pension fund investment agreements, as well as those engaged in real property transactions (the sa
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Conflicts of Interest November 23, 2008

Don't Underestimate the Effects of Conflicts of Interest II - Oversight by Friends and Those You Trust

Last month, I wrote about the conflict of interest that led credit agencies to ignore the risk inherent in mortgage-backed securities. A front-page article in today's New York Times shows how a different sort of conflict of interest at Citigroup allowed the risks involved in these securities to be ignored. No crimes, no politics, just plain old conflict of interest. With an extremely big price tag for our society.
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Conflicts of Interest November 21, 2008

Preferential Treatment - What It Is, What It Isn't, and Why

A controversy currently going on in Fairfield, CT reminded me that one of the more easily misunderstood provisions of an ethics code is the special consideration, preferential treatment, or favoritism provision. The version in the City Ethics Model Code reads as follows:

    An official or employee may not grant or receive, directly or indirectly, any special consideration, treatment, or advantage beyond what is generally available to city residents.
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November 19, 2008

Extension of Legislative Immunity in Recent Case of New York Municipality

I may seem obsessed with legislative immunity, but it is both a timely topic for so old a constitutional concept and a serious threat to local government ethics enforcement that, I feel, the government ethics community should start dealing with offensively rather than, as it is now being handled, defensively.
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November 15, 2008

Legislative Immunity in Rhode Island -- A New Court Decision

I hadn't realized it, but two weeks ago Rhode Island Superior Court Judge Francis J. Darigan dismissed a state ethics commission case against the state's former senate president, William V. Irons, due to legislative immunity. Like the Louisiana decision, this one involved a basic conflict of interest - whether Sen. Irons should not have voted on a bill that gave financial benefits to a company for whom he worked.
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Ethics Codes & Reform November 14, 2008

Cleaning Up a Political Culture - Don't Necessarily Do the First Things That Come to Mind

The DiMasi case, discussed in the most recent blog entry, is not the only ethics case in Massachusetts that has drawn a lot of attention. The result of a perception of increasing ethical misconduct has led the governor to appoint a new task force on public integrity, according to an editorial in today's Boston Globe with an inapt plumbing metaphor in its title, "Drain the Ethics Cesspool."
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