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October 26, 2013

A Miscellany

Party Committee Members on EC
According to an article in the Hartford Courant this week, a Newington, CT mayoral candidate, and council minority leader, who has made ethics allegations against the incumbent mayor has chosen not to file an ethics complaint because, she says, two of the four members of the town's ethics board are also members of the opposing party's town committee, one of them the nominating chair of the committee.
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October 25, 2013

Caught Between a Rock and a Hard Place

What can a local official do when he is required to withdraw from a matter that involves a close personal friend who's in hot water due to that official's feud with another official? What do you do when you're caught between a rock and a hard place? The district attorney of Putnam County, NY is faced with this odd and difficult mix of personal and public obligations, at least if what he is saying is true.
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Conflicts of Interest October 24, 2013

The Fiduciary Duty of Government Consultants

A recent City Ethics blog post discusses the value of a functional definition of a government employee with respect to government ethics. That is, a private individual who does government work for the government has the same obligations to the community as a government employee.
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October 23, 2013

DeKalb County (GA) Grand Jury Report on Procurement-Related Misconduct

It all started with the indictment, on charges of bribery and theft, of a Fats, Oil & Grease inspector back in November 2010. It led to an 83-page grand jury report in August 2013, which set out the misconduct involving the DeKalb County (GA) Department of Watershed Management (DWM) procurement process, and made recommendations not only for indictments, but also for an improved ethics program.
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Resources & Learning October 23, 2013

A New Report and New Book on State and Federal Ethical Misconduct

The Privatization of Economic Development
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Local Government Practice October 22, 2013

A Functional Definition of a Government Employee

In many jurisdictions, lawyers have sought to be excluded from ethics program jurisdiction, arguing that their conduct is regulated by their state's attorney disciplinary process. Recently, in Louisiana, other professionals have sought to be excluded from the state ethics program's jurisdiction (which includes local officials) pursuant to a different argument.

The issue is, When do employees of a private company become government employees for purposes of ethics program jurisdiction over them?
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Conflicts of Interest October 21, 2013

Problems with the Disqualification Argument

A colleague asked me recently about the argument that withdrawal from participation by a legislator, who cannot delegate to someone else, "disenfranchises" that legislator's constituents. Since disenfranchisement is a terrible thing, the argument goes, legislators cannot be asked to withdraw from participation, but only to disclose their conflicts.
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Conflicts of Interest October 19, 2013

A Great Column About a City Planner Moonlighting As a Developer

It's exciting to read a column on a local government ethics matter that shows as deep understanding and as clear explanation as the column by Ottawa Citizen editorial board member Mohammed Adam that appeared yesterday. The column focuses on the problems that arise when a city planner is a small property developer on the side.
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Conflicts of Interest October 17, 2013

Negative Conflicts of Interest

Conflicts of interest are not always positive, any more than relationships are always positive. And conflicts are based on relationships.

We tend to think of an official using his position to help a family member or business associate. But sometimes officials use their position to harm someone with whom they have a negative relationship, anyone from a former in-law (the bum who dumped my sister) or current in-law (that woman who's driving my brother crazy) to a former business partner or a major business competitor.
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October 17, 2013

Jurisdiction Over a Mayor-Elect, and Misconduct Disclaimers

There are two interesting wrinkles in the Forest Park, GA case I wrote about in the last blog post. According to an article in the Clayton News Daily last Friday, a former Forest Park public works director alleged in an ethics complaint that, in an e-mail message, the mayor had illegally ordered the then city manager to remove him.
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