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Ethics Commissions & Administration February 12, 2013

EC Member Withdrawal in a Case Involving an Appointing Authority

Note: When I originally wrote this blog post, I erroneously assumed that the ethics commission member whose conflict situation I discuss was the only one selected by the assembly speaker. I since learned that three of the members were selected by the assembly speaker. I would argue, therefore, that these three members are in the same situation (except for the personal opinion expressed about someone who would presumably be involved in the matter). With a fourteen-member commission, the withdrawal of three members from a matter would not hamper consideration of it.
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February 12, 2013

Winter Reading: Switch II - Shaping the Path Toward Change


In their book Switch: How to Change Things When Change Is Hard (Crown, 2010), Chip and Dan Heath focus on three general ways to shape the path toward change:  tweak the environment, build habits, and rally the herd.
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February 11, 2013

Winter Reading: Switch I - Situational Forces

There is a great deal of thought-provoking material in Chip and Dan Heath's book Switch: How to Change Things When Change Is Hard (Crown, 2010). Change has proved hard in every single city and county in the United States. Those seeking government ethics reform can learn a lot from this book.
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February 8, 2013

D.C. Ethics Board's Opinion Needs a Rewrite

The first opinion of the District of Columbia's Board of Ethics and Government Accountability (a searchable copy is attached; see below) raises some interesting questions relating to enforcing unenforceable ethics provisions, vagueness, and publishing evidence and an opinion about a case that is being dismissed before an investigation has been conducted. The opinion also shows that the new ethics board has a long way to go up the learning curve of government ethics.
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January 30, 2013

Will New Jersey Improve Its Local Government Ethics Program?


New Jersey has one of the oddest approaches to local government ethics. Like several states,  including Massachusetts, California, and Florida, a state ethics program has jurisdiction over local officials. But unlike other states, the state ethics program is not run by the state ethics commission. It is run by the Department of Community Affairs.
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Conflicts of Interest January 30, 2013

Fitting Conflicts to Agencies and Departments

One of the rarely questioned truisms of local government ethics is, "One size does not fit all." Usually this means that one ethics code is not right for every city or county, that every jurisdiction has its own issues and problems.

In some ways this is true. New York City's huge ethics program is hardly appropriate to a small town, because there is such a large difference in available resources. But there is no difference when it comes to ethics rules or the need for training or independent advice and enforcement.
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Campaign Finance & Pay-to-Play January 29, 2013

Dealing with "Independent" Expenditures at the Local Level

For those of you who are tired of talk about "witch hunts," this quote will be a great relief:
"I'm concerned about a zealous ethics staff chasing down rabbit holes when there is no rabbit."
These are the words of Adam Bonin, a Philadelphia election lawyer, as quoted on WHYY"s News Works website on Sunday.
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Local Government Practice January 28, 2013

Miami Beach Procurement Misconduct: Access, Discretion, Bid Alternatives, and Debarment

The arrest of Miami Beach's former procurement director last October may not be news, but there's a lot to be learned from this case. The issues include personal discretion, alternatives to fully competitive bidding, access to information, and debarment rules.
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Conflicts of Interest January 25, 2013

A Minneapolis Study of Conflicts on Development-Related Boards

An article on the MinnPost site this week brought to my attention a report done by the Minneapolis Ethical Practices Board (EPB) on conflicts of interest involving development-related boards (planning, zoning, preservation) in Minneapolis and in other cities (a copy of the report is attached; see below). The report provides some valuable information.

The Origin of the Study
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January 24, 2013

Citizens to Redistrict Austin Council

Update: January 30, 2013 (see below)

Four years ago, I wrote a blog post about the conflict at the heart of the local redistricting process, where the members of a legislative body are deeply involved in decisions that will determine whether or not they, and their party or faction, are re-elected. This conflict shares some similarities with the involvement of officials in selecting ethics commission members and enforcing government ethics laws.
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