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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. Rallying the herd means letting people know what others are doing. When most people…
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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. There …
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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 be…
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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. …
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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 …
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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…
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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. According to the affidavit of arrest (…
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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 b…
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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. …
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January 23, 2013

The Real versus The Ideal

Officials and lawyers tend to act as if they were Platonists. That is, they talk about conflicts of interest as if they existed in a ideal form, divorced from reality. Many government ethicists, including me, see conflicts of interest as things that exist in the real world, a world where the public…
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