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.
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."
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.
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
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.
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.
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.
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.
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."