City Ethics | Breaking the oxymoron: "City Ethics"

Ethics Commissions & Administration November 27, 2006

Advisory Opinions

Like penalties, the topic of advisory opinions appears in both the ethics provision and administration sections of the Model Code. Advisory opinions are the most important of an Ethics Commission's responsibilities, and often the most underutilized. Regular use of this option, and the creation of a body of opinions, can go far to providing concrete guidance to municipal officials and employees.

Conflicts of Interest November 27, 2006

Waivers and Exclusions

This is the place to share opinions about and experiences with waivers and exclusions (or "exemptions"). Waivers can be a controversial topic, so arguments for and against, and especially good and bad experiences with waivers will be helpful to communities considering them. Another important topic is the standards that are set for obtaining waivers.

102.

Resources & Learning November 27, 2006

Ethics Education

This is the place to provide opinions and recommendations regarding ethics education. Please suggest alternative language to what is below, and please share your experiences with ethics education, and how such experiences can be included in an ethics code, as well as other means to ensure that effective ethics training is provided. Other issues to discuss include who should receive ethics education, who should provide or be reponsible for the provision of ethics education, and how this education should be funded.

Ethics Commissions & Administration November 27, 2006

Annual Reports and Review of Ethics Laws

This is the place to discuss the usefulness of annual reports, as well as whether an Ethics Commission should periodically review the code and its rules, regulations, and administrative procedures. Please share your experiences with annual reports and reviews.

212 Annual Reports; Review of Ethics Laws.

1. The Ethics Commission must prepare and submit an annual report to the legislative body, summarizing the activities, decisions, and advisory opinions of the Commission. The report may also recommend changes to the text or administration of this code.

Enforcement & Complaints November 27, 2006

Complaints and Investigations

This is the place to raise and discuss issues involving the filing of a complaint regarding an alleged violation of the Code, and the ensuing investigation. Possible issues for discussion include who may file a complaint; whether complaints must be sworn; whether an Ethics Commission may file its own complaints; whether it may file a complaint based on others' allegations, anonymous, or not; whether an Ethics Commission may make a settlement with the respondent; reimbursement of respondents' attorney fees; and how to handle complaints based on false statements.

Enforcement & Complaints November 27, 2006

Hearing Process

This is the place to comment on and discuss the hearing process for proceedings before the Ethics Commission. The assumption here is that such proceedings are public after a finding of probable cause. The discussion of whether or not they should be public is elsewhere.

214. Public Hearing Process.

1. After a finding of probable cause, the Ethics Commission must hold one or more public hearings, and the first public hearing must commence within thirty days after the finding of probable cause.

Conflicts of Interest November 27, 2006

Penalties Relating to Contracts

This is the place to discuss penalties involving contracts. There are two in the Model Code: automatic voiding of contracts upon a finding of a violation of the Code, and debarment of persons and entities from entering into other contracts with the municipality after violating the Code. Do you think these penalties are too harsh? Are there other appropriate penalties involving contracts? Please share your opinions as well as your experiences with these penalties or experiences where these penalties were not available?

106.

Enforcement & Complaints November 27, 2006

Judicial Review of Ethics Commission Decisions

This is the place to share your opinions of and experiences with judicial review of Ethics Commission decisions. For example, who should be able to seek judicial review: complainants, respondents, other interested parties, anyone? Are there situations where judicial review is inappropriate, too expensive (where there is nothing but a reprimand)? Should there be judicial review of alleged procedural irregularities?

216. Judicial Review.

Any person or entity aggrieved by a decision of the Ethics Commission may seek judicial review and relief pursuant to ----- of [state law].

Ethics Commissions & Administration November 27, 2006

Open vs. Confidential Ethics Commission Proceedings

The Model Code makes Ethics Commission investigations confidential. However, upon a finding of probable cause, Ethics Commission proceedings become public. In addition, disclosure statements, advisory opinions, waiver requests, and documents filed in Ethics Commission proceedings are public. Please share your opinions on and experiences with the confidentiality vs public nature of Ethics Commission proceedings and documents. What problems are created by each, and why are each of them important? How does a community balance the two?

217.

Enforcement & Complaints November 27, 2006

Penalties

This is the place to comment on the penalty provisions of the Model Code, to recommend alternative penalties, to share experiences with various penalties and the lack of certain penalties, and to discuss the advantages and disadvantages of various penalties. For example, please share your experiences with ethics commissions that have the power to suspend or remove employees, as well as with situations where this power is reserved to the legislative body or other individuals or bodies.

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