City Ethics | Breaking the oxymoron: "City Ethics"

Conflicts of Interest November 28, 2006

Legislators Employed by the City - Conflict of Interest

This is the place to discuss the special situation of legislators who are employed by the city, or have members of their household who are employed by the city, and how to handle this conflict.

100(2). Legislators Employed by City

A member of the legislative body has a conflict of interest with respect to any labor contract to which he or she, or a member of his or her household*, may be a party, and with respect to an appropriation to any city department or agency through which he or she, or a member of his or her household, is employed.

Conflicts of Interest November 28, 2006

Conflict of Interest

This is the place to discuss what a conflict of interest is, and how close or what type of a relationship an official or employee must have with an individual or entity that has an interest, for that interest to be seen as conflicting with that official or employee's obligations to the public interest. This is also the place to discuss certain conflict provisions missing from this code (such as outside employment), which are discussed in the comments to this subsection.

100(1).

Ethics Codes & Reform November 28, 2006

Aspirational Ethics Code

In detailing aspirational ethics -- that is, ethical conduct that will not be enforced by the Ethics Commission -- this Model Code goes a step beyond a declaration of policy and purpose. It includes the full text of the American Society for Public Administration's aspirational ethics code.

Transparency & Disclosure November 28, 2006

Transactional Disclosure

This is the place to discuss disclosure of possible conflicts of interest at the point where they arise, that is, where an official or employee's continuing participation in a matter becomes a matter of concern because of a conflict between his or her government role and his or her other roles, business, professional, or personal. Withdrawal (recusal) is the central act in a conflict of interest situation.

Ethics Codes & Reform November 28, 2006

Whistle-Blower Protection

This is the place to discuss the protection from mistreatment by superiors of municipal employees who file complaints or act as witnesses in ethics proceedings. Significant issues include the need and effectiveness of such protection, and the language necessary to make it effective as well as to prevent officials and employees from hiding behind it to make political attacks. Please share your experiences with various sorts of whistle-blower protection, as well as with instances where the lack of it has made a serious difference.

110. Whistle-Blower Protection.

Ethics Codes & Reform November 28, 2006

Definitions

Following Mark Davies, I have placed definitions not at the front of the Code, where they usually appear, but at the end of the Ethics Provisions section. The reasoning behind this choice is that definitions should not be as important as they often are. Often, definitions include significant content, so that officials and employees must read the definitions before they can know what they are required to do. It is better to have officials focus on the plain meaning of ethics provisions, knowing that no extra duties will be imposed in the definitions, that there are no traps hidden there.

Ethics Commissions & Administration November 28, 2006

Ethics Commissions

This is the place to discuss the establishment and the role of an Ethics Commission. The most important issue here is an Ethics Commission's independence: how important it is and how best a municipality can achieve it. With respect to EC independence and competence, please share your thoughts or experiences regarding regional and state Ethics Commissions vs. municipal ECs.

Ethics Commissions & Administration November 27, 2006

Ethics Commission: Jurisdiction, Powers, and Duties

This is the place to discuss the Ethics Commission's jurisdiction, powers, and duties.

Transparency & Disclosure November 27, 2006

Annual Disclosure

Often referred to as "Financial Disclosure," a term that makes it seem more invasive than it actually is, annual disclosure is an important, but controversial way to get officials and employees to consider their potential conflicts of interest on an annual basis, and to let the public know about such potential conflicts. This is the place to share your opinions and experiences with annual disclosure.

Transparency & Disclosure November 27, 2006

Applicant Disclosure

Applicant disclosure is the form of disclosure that least often appears in municipal ethics codes, not because it is controversial, but because it is not even discussed (although forms of it might appear in other laws and regulations). Please share your experiences with applicant disclosure that appears in or outside of ethics codes, and your thoughts about its importance, and form, in ethics codes.

104. Disclosure by Applicants.

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