City Ethics | Breaking the oxymoron: "City Ethics"

Enforcement & Complaints November 14, 2008

Massachusetts Catches the Legislative Immunity Virus - Is it Time to Take a Fresh Look at the Ancient Speech & Debate Clause?

This week, another state ethics commission is facing a defense of legislative immunity. The state is Massachusetts, and the legislator happens to be the speaker of the house, Sal DiMasi.

Ethics Commissions & Administration November 13, 2008

A Comparative Look at Cities' Ethics Programs from the City of Austin

I recently discovered that, in May, the Austin's Office of the City Auditor did an extensive report on the city's ethics program, and compared it with 16 comparable American cities (Arlington (TX), Dallas, El Paso, Fort Worth, Houston, San Antonio, Atlanta, Jacksonville, Kansas City (MO or KS?), Memphis, Minneapolis, Oklahoma City, Phoenix, San Diego, San Jose, and Seattle).

Local Government Practice November 13, 2008

The Mother of All Ethical Hiring Questionnaires

One of the most important elements of any government ethics program is ethical hiring. Ethical hiring lowers the possibility of hiring people with serious conflicts of interest not only by being careful about the selection process, but also by sending a clear message that conflicts are serious business and must be disclosed even before an official is hired. Unethical people will find the hiring process, and the thought of working for people who would put them through it, unacceptable and will not apply.

November 12, 2008

A Serious Sort of Local Government Preferential Treatment Is Before the Supreme Court Today

See update below
A central element of government ethics is that preferential treatment is bad. Preferential treatment is bad when it involves favoring officials' businesses or family members over other businesses and individuals. Preferential treatment is even bad when it involves officials' favorite charities. And preferential treatment is especially bad when it involves officials' religions.

Conflicts of Interest November 12, 2008

Redistricting by Elected Officials as Conflict of Interest

California's Proposition 11 raises an interesting conflict of interest issue for local governments whose council members represent districts. Proposition 11 is "a plan to set up a 14-member citizens commission to draw district boundaries for state Senate, Assembly and Board of Equalization seats. State lawmakers currently have that power."

Ethics Commissions & Administration November 11, 2008

An Ethics Commission Recusal When a Political Party Brings a Complaint

While we're in Nevada, there's another interesting case before the state's ethics commission that has ramifications for local government ethics. According to an article in the Las Vegas Review-Journal, a probable cause hearing was to be conducted by one Democratic and one Republican commission member.

November 11, 2008

Nevada Legislature Follow Louisiana's Example in Suing to Remove Themselves from Ethics Commission Jurisdiction

It's only been a few months since the Louisiana state court decision that applied the constitutional Speech and Debate Clause to remove state legislators from the state ethics commission's jurisdiction, and already a similar case has been filed in Nevada.

Conflicts of Interest November 7, 2008

The Conflicts of Holding an Elected Local Position and a State Job

According to an article in yesterday's Baltimore Sun, the Baltimore County Council narrowly failed in its attempt to change the county charter to allow council members to work for the state of Maryland. Five of seven council members voted for the charter amendment (the charter currently forbids this), including one who "inadvertently" worked for the state for five months in 2003.

Conflicts of Interest November 5, 2008

Sometimes Recusal Is Not Enough (and a City Attorney Goes Where Lawyers Should Not Tread)

According to an article in today's Denton (TX) Record-Chronicle, the Denton (pop. 106,000) council voted 4-2, with the mayor recusing himself, to give the city's tax collection contract to the mayor's law firm (he is one of two partners in the four-lawyer firm).

Ethics Codes & Reform November 4, 2008

A Critique of a New Industry-Local Government Ethics Code in New York

Back in May, I wrote about the conflict of interest problems in upstate New York local governments due to the development of wind farms in the area. This week, New York's Attorney General, Andrew Cuomo, issued a Wind Industry Ethics Code to deal with these problems. Hats off to Cuomo for the idea, although not for the execution.

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