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Conflicts of Interest July 23, 2008

An Upside-Down Conflict of Interest

According to a recent article in the San Diego Union-Tribune, the chair of one of the city's economic development commissions made an unusual deal with, and a half-million-dollar instant profit from (the purchase and sale transactions were filed at the same time), the commission three years before he became a member.
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Local Government Practice July 21, 2008

The Ethics of Naming Public Buildings, Etc. After Serving Officials

In my recent entry about Rep. Charles Rangel of New York, I said nothing about the fact that the university center he was seeking funds for has his name on it. An excellent entry by John Fund placed up on Huffington Post today focuses on this part of the story.
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Local Government Practice July 21, 2008

Local Government Dependency on Drug Asset Forfeiture in Texas

The drug war is not really about drugs, it's about addiction. And dependency is what powers addiction.

As it turns out, dependency is also what powers the drug war, at least in Texas. Local government agencies, and often local governments themselves, are dependent on the money that comes from asset forfeitures related to the drug trade. We're talking hundreds of millions of dollars.

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Conflicts of Interest July 20, 2008

Trusting Public Boards of Trustees in San Diego County

You know you're in trouble when a grand jury foreman says about you, "They need an independent organization to be an oversight ..., not just the grand jury doing it once every few years."

Of course, the "they" here are local government agencies:  five community college districts in San Diego County, whose boards of trustees are elected.

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July 19, 2008

Rep. Charles Rangel and How to Be Above the Past, Appearances of Impropriety, and Annoying Things Like That

Talk about the appearance of impropriety is, as Congressman Charles B. Rangel of New York is quoted in a recent New York Times article as saying, “annoying.” Why should there be anything more than a decision of his peerless peers on the House Ethics Committee, guilty or not guilty? Appearances of propriety are not for someone of Rep. Rangel’s ilk.
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Campaign Finance & Pay-to-Play July 17, 2008

If Only a Large Campaign Contribution Could Be Considered a Conflict of Interest -- The Westminster Approach

In ethics codes, campaign contributions are sacrosanct. Nearly every ethics code excepts them from the definition of "gift," "personal benefit," "anything of value," or whatever they call money and goods given to government officials and employees. Limiting campaign contributions is a matter for campaign finance laws, because there is no conflict of interest involved.
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July 12, 2008

Update on Oklahoma Ethics Commisson Funding

I recently reported that the Oklahoma Ethics Commission was considering suing the legislature for more funds, on the ground that the state constitution requires adequate funding for the EC, and the legislature had, among other limits, permitted it to have only one investigator.
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Campaign Finance & Pay-to-Play July 10, 2008

Campaign Finance and the Perception of Independence of a Chief Financial Officer

One goal of campaign finance reform is to end the appearance and reality of corruption that comes with large campaign contributions. This appearance is attached especially to large contributions from those doing business with the city or trying to change its laws -- contractors, lobbyists, and unions. This appearance is most serious when the position has fiduciary obligations and is supposed to be independent rather than representative, such as the New York City Comptroller.

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Transparency & Disclosure July 8, 2008

Should an Unaccountable Former Officeholder Retain Power over Public Information? - Personal vs. Public Interest

One of the interesting things about the attorney-client privilege in a government setting is that the privilege -- which is, of course, the client's, not the lawyer's -- is held by the office, not by the individual holding the office at the time of the communication. This is a major reason why the attorney-client privilege is different in a government context:  whenever a government official tells something to a government attorney, the official knows that his or her successor might waive the privilege and disclose the communication or direct the lawyer to do so.
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Conflicts of Interest July 7, 2008

Government Ethics vs. The Right to Sign Petitions

[This blog entry has been substantially changed based on a response from the Phoenix City Manager, who provided information about the reasons for the City Attorney's position and the relationship of the City Attorney with the mayor.]
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