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Ethics Commissions & Administration June 6, 2012

Ethics Guidance For and Jurisdiction Over Independent Agencies

Independent agencies are more likely than regular government agencies to get into trouble, because they are usually more closed and less supervised. And yet officials too often listen to agencies' calls for independence from ethics programs, as if the "independence" meant something positive that should be respected, rather than that the agencies are unsupervised and unaccountable. An independent agency's independence is only something positive when it is a watchdog agency, like an ethics commission, auditor, or inspector general.
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Ethics Commissions & Administration June 5, 2012

The Problems with Nominating a Top Government Lawyer to Sit on an Ethics Commission

What does it mean to be a "high-caliber" nominee for a position on a local ethics commission? Does it mean someone who has been in law enforcement, a prosecutor or judge whose presence sends the message that the law will be enforced? Or does it mean someone who appears to be independent of the local government officials who are under the commission's jurisdiction?
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Conflicts of Interest June 5, 2012

What to Do, and Not to Do, When a Conflict Situation Becomes Public

What is the worst thing a government official can do when a conflict situation becomes public? Is it worse to misrepresent the law, to make accusations against those making the conflict situation public, or to ignore the situation and hope nobody notices?
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Transparency & Disclosure June 4, 2012

A Government Ethics Approach to Open Records

Luis Toro, the director of Colorado Ethics Watch, raised an important local government ethics issue in a recent Huffington Post post. It is a problem that is not peculiar to Colorado. It is also a problem that could benefit from a government ethics approach.
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Ethics Commissions & Administration June 1, 2012

How to Deal with a Conflict at the Center of a Conflict of Interest Program

Update: July 17, 2012 (see end of this post)
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Conflicts of Interest May 31, 2012

Legislative Immunity: An Official's Motive Is Not At Issue in a Conflict Situation

A poor and disconcerting judicial decision on local legislative immunity came down on May 24 from the U.S. District Court for the District of Kansas, Kickapoo Tribe v. Black.
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Resources & Learning May 31, 2012

Book Excerpt 1: Fiduciary Duty


This is the first of a series of posts that will pull out valuable pieces from my new book Local Government Ethics Programs.
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Local Government Practice May 30, 2012

A Special Ordinance Is Not the Way to Provide a Waiver

There are usually many ways to deal responsibly with a conflict situation. But there are also many irresponsible ways to deal with a conflict situation. One of the irresponsible ways is to be considered today in Portland, OR, according to an article on the KATU News website.
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Local Government Practice May 29, 2012

How a Mayor's Special Obligations Affect His Right to Remain Silent


Washington Post columnist Robert McCartney raised an issue in a column this weekend that I feel should be taken seriously. The background story is that two of the current D.C. mayor's campaign aides confessed to having paid a mayoral candidate, and offered him a job in the coming administration, for him to relentlessly criticize the then mayor, who was running for re-election.
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May 27, 2012

Treating Inmates as Commodities in Louisiana Is a Local Government Ethics Problem

Louisiana Incarcerated is an investigative series that ran recently in the New Orleans Times-Picayune. It is a story rooted in an extremely poor ethics environment that, despite vaunted ethics reforms (that many, including me, have criticized), does not seem to have changed.

The series has introduced into popular culture the term "honey hole," one sheriff's description of the cells in his prison, which is the sheriff's biggest revenue generator.
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