City Ethics | Breaking the oxymoron: "City Ethics"

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 reason why the criminal enforcement paradigm is not a very good fit for government ethics."

Ethics Codes & Reform March 7, 2013

An Ethics Code in a Charter

In this, the third blog post on the Colorado ethics commission situation, I would like to look at the problems that can arise from placing an ethics code in a constitutional document, either a charter or, as in the Colorado case, the state constitution.

Ethics Commissions & Administration March 6, 2013

When an EC Is Dependent

The Colorado ethics commission matter that I discussed in my last blog post points to yet another reason why ethics commissions must have their own counsel, and a sufficient budget to pay that counsel.

Conflicts of Interest March 6, 2013

Total Gift Bans and Legal Defense Funds

A February draft advisory opinion from the Colorado Independent Ethics Commission (attached; see below) raises two different issues. One is the problematic nature of a total gift ban, that is, a ban on all gifts from anyone, accompanied by a whole host of exceptions. The other is the important differences among gifts, campaign contributions, and contributions to an official's legal defense fund.

March 4, 2013

The Public Sea and Local Government Ethics Jurisdiction

Most of George Frederickson's lecture, "Searching for Virtue in the Public Life: Revisiting the Vulgar Ethics Thesis," involves what he calls "the modern extended state," the "vast public sea" in which governments float.

March 4, 2013

"Vulgar Ethics"

After reading my recent blog post about bridging the gulf between administrative and government ethics, one of the great scholars of public administration, George Frederickson, sent me a copy of a 2009 lecture of his, which appeared in 2010 in the journal Public Integrity.

March 1, 2013

Los Angeles Election Database Goes Online

Yesterday, Los Angeles' KCET-TV put up a database on it website to show who's giving to candidates in the current city and school board elections. You can see which city officials, business people, and others are giving, who's getting contributions from which zipcodes, and more. The database is a bit slow, at least today, just a few days before the first primary, but that's to be expected.

Conflicts of Interest March 1, 2013

High-Level Officials and Agencies Where Their Family Members Work

What is the best way to prevent high-level officials from participating in matters involving departments or agencies where their close family members are employed, without doing this unreasonably, that is, excluding situations where the family members have no influence and will receive no benefits?

Conflicts of Interest March 1, 2013

Relationships, Relationships, Relationships

“It’s much to-do about not much. I’m trying to run a city, and you’re worried about people’s relationships?” These are the words of Mount Vernon, NY mayor Ernest Davis, who is the subject of IRS and FBI investigations, and now an investigation by the city's ethics board, according to an article in Wednesday's Journal News.

Conflicts of Interest February 28, 2013

Stock Ownership and a Relationship with a Competitor

The Los Angeles mayoral race has unearthed some conflict of interest allegations that are worth a look. There are three interesting issues. One, how much stock ownership in a public company is required to give rise to a conflict? Two, what about ownership of a competitor? And three, what if you don't know a public company whose stock you own is involved in a matter before you?

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