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Conflicts of Interest August 1, 2013

The Language of "Influence"

"[Standard & Poor's's ratings have always been] uninfluenced by conflicts of interest." —Spokesperson for S&P, in response to a government lawsuit saying that S&P's ratings have been influenced by their conflicts of interest. Quoted in today's New York Times The problem here is the language of "inf…
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Conflicts of Interest July 30, 2013

Another Non-Financial Conflict Poorly Handled

One of the worst times to create a conflict of interest is in the midst of labor negotiations. This is what has happened recently in San Francisco, where Bay Area Rapid Transit (BART) is negotiating contracts with its three unions. There was a short strike in July, and now there are negotiations wi…
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July 29, 2013

Local IG Makes Charges About Campaign Treasurer Acting As Auditor

On Friday, New Orleans' Inspector General, who works for the city's ethics board, sent off two letters relating to the auditor for the Orleans Parish sheriff's office. One letter was sent to the state's ethics board, which has jurisdiction over local officials, requesting that it take "appropriate …
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Local Government Practice July 28, 2013

A New Local Government Ethics Term

Kudos to the editorial board of the St. Louis Post-Dispatch for inventing a new local government ethics term in an editorial yesterday. The term is "dyscronia." Unfortunately, although referring to it as a "learning disability," the editorial board chose not to define it. So I will. Since the term …
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Ethics Commissions & Administration July 22, 2013

The Revolving Door Between Board Membershp and a Job Approved by the Board

One kind of revolving door that is often ignored is the move from elected or appointed board or commission membership and a paid position that is approved by and under the direction of the same board or commission. It makes it look as if the board member were using her position to get herself a nic…
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July 15, 2013

Partial Withdrawal Taints a Proceeding in NJ, But Only If It's an Attorney

When it comes to conflicts of interest, is a local government attorney primarily an attorney or a local government official? I would answer this question, "Definitely an official." But recently the New Jersey Supreme Court answered this question, "Definitely an attorney." In fact, had the attorney …
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July 13, 2013

How to Untwist a Straightforward Post-Employment Violation

It is a pleasant surprise to find an intelligent conversation about local government ethics in an article and the comments to it. The latest example of this occurred yesterday in the New Haven (CT) Independent, an online newspaper. The conflict situation involves two instances of lobbying before th…
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July 11, 2013

Summer Reading: Beyond Culture

Edward T. Hall's classic book, Beyond Culture (Anchor Books, 1976), is not a government ethics book. But a lot of the wisdom in this brilliant book can be applied to our field. It's hard to describe this book. It is an examination of certain aspects of culture and of how difficult it is to go from …
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July 10, 2013

Problems Arising from a Bribery Case in Jefferson Parish, LA

Several interesting issues arise from a recent ethics case in Jefferson Parish, a suburb of New Orleans with about 430,000 people. According to an article in the Advocate yesterday, an employee of a large parish contractor sent the following e-mail to a council member's aide, who forwarded it to th…
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Ethics Commissions & Administration July 9, 2013

The Appearance of Independence and a Monopoly On Advice

Two of the most important elements of a government ethics program are the appearance (and reality) of independence and a monopoly on ethics advice and enforcement. The government ethics program that has jurisdiction over the greatest number of local officials and employees in the U.S. has problems …
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