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Conflicts of Interest March 29, 2013

Why Are Council and School Board Seats Incompatible?

“Incompatible offices” is a form of conflict that is usually left out of ethics codes. One reason is that there is a common law prohibition against officials holding incompatible offices. But whether or not the conflict is common law or in an ethics code, this is an important kind of conflict that …
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Conflicts of Interest March 26, 2013

Confusing Pre-Existing Conflicts with Conflicts Created by Events

Many people believe that conflicts of interest are in and of themselves bad, and that government ethics laws should prevent those with conflicts of interest from becoming public servants. Many people believe that government ethics is about being good or bad. When the two come together in one person…
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March 22, 2013

The Educational Opportunities of a Local Ethics Case in Massachusetts

A settlement in a Massachusetts ethics proceeding can be used as an educational opportunity in several ways. According to a February 28 press release from the Massachusetts Ethics Commission, which has jurisdiction over local officials, a member of the Kingston Community Preservation Committee (CPC…
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March 21, 2013

A Conflict Miscellany

Police Officer Side Businesses and Revenue Distinctions There's an interesting article in yesterday's New Pittsburgh Courier about Pittsburgh police officer side businesses and the sorts of problem they create. One of the problems derives from a false distinction between different sorts of revenue.…
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March 15, 2013

A Judicial Decision on Restricting Local Official Political Activity

There's a lot of food for thought in the February 21 decision of the U.S. District Court for the Eastern District of Pennsylvania in the case Lodge No. 5 of the Fraternal Order of Police v. City of Philadelphia. The suit was brought in order to end the prohibition on police officers making campaign…
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Ethics Commissions & Administration March 13, 2013

Dealing with Placeholders on Boards and Commissions

A "placeholder" is someone who agrees to run on a ticket with a mayoral candidate or be appointed by him, but has no interest or intention in actually doing the work required by the position. Such a candidate does not attend many meetings of the body to which she was elected (often she is not even …
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March 12, 2013

Independent Redistricting (and Ethics) Works

In ethics, there are two basic approaches: (1) an ends-based approach, also referred to as utilitarian or consequentialist; and (2) a means-based approach, also referred to as rules-based or deontological. Government officials, and most people when speaking about government, generally use the forme…
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Conflicts of Interest March 11, 2013

The Need for Sensitivity

People (including government officials) usually talk about conflict situations as if they involved the public (represented by do-good ethics types) trying to get public servants (who are represented as corrupt) to sacrifice either their family, friends, or business opportunities or their duty to do…
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March 9, 2013

Public comment rules - is it that controversial ?

From the Florida Times Union 4 Feb 2013: "Floridians have an ironclad right to be in the room when government boards make decisions that affect their lives. But speaking their minds about those decisions is a different story. A chain of court cases around the state have concluded the law that lets …
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Enforcement & Complaints March 8, 2013

Intent and Criminal Penalties for Ethics Violations

I begin the "Intent" section of my book Local Government Ethics Programs by noting that, "One of the distinguishing aspects of government ethics is the fact that it does not deal with or require a showing of intent, willfulness, knowledge, or motive." The next sentence is, "This is yet another reas…
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