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Local Government Practice September 17, 2011

The Effect of Making a Legislative Immunity Defense

Another serious problem posed by making a legislative immunity defense in the local government ethics context can be seen from reading the recommendation of the investigating panel of the Stamford (CT) board of ethics. In the section that provides reasons for dismissal of a complaint brought against a council member, the panel wrote:
    The case also presents significant legal issues arising from [the respondent's] assertion of legislative immunity and First Amendment protectio
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September 16, 2011

Interesting Ethics Issues in Santa Fe

A lot of interesting issues have arisen with respect to Santa Fe's Ethics and Campaign Review Board.

A Majority of Lawyers on an Ethics Board
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Ethics Commissions & Administration September 15, 2011

Another Argument for More Ethics Commission Authority

Three months ago, I wrote about an ethics commission decision asking for the removal of a Louisville council member, and the start of proceedings in the council to do just that. I noted that the council member's reaction was pure denial and attack on the ethics commission.
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September 14, 2011

Another Elected Official Misses the Chance to Teach the Country About Government Ethics

Once again, an elected official in the national eye took an opportunity to teach the public about government ethics and used it solely to distort government ethics and defend himself.
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Ethics Codes & Reform September 14, 2011

Federal Gift Prohibition Applies to Most Local Governments

I came across a decision in Patty Salkin's Law of the Land blog today involving a federal statute that allows federal prosecution of those who give gifts to local officials in amounts greater than $5,000.
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Conflicts of Interest September 11, 2011

The Appropriateness of Business and Union Gifts to Government

It is a given (although not a fact) that everyone wants to make it as easy as possible to vote. Voting is the principal way most people participate in a democracy, and choosing our local officials is the way we determine the direction and quality of management of our community. In most countries, voting day is a day off, but this is not true for most people in the U.S. So it is important to find other ways of making voting easier for people with full-time jobs.
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Transparency & Disclosure September 6, 2011

Making the Private Misconduct of Public Servants Public

The situation where New York City's mayor misrepresented the reason for the resignation of one of his deputy mayors in order to protect his privacy regarding a domestic dispute raises some interesting issues about transparency, favoritism, and the extent to which the private should be made public.
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Enforcement & Complaints September 3, 2011

D.C. Legislative Immunity in a Case Alleging Retaliation Against a Whistleblower

Did you know that the District of Columbia has its own Speech or Debate Clause? I learned this from reading the Motion for a Protective Order on Behalf of Mayor Vincent C. Gray filed on Thursday in the case of Payne v. District of Columbia. Gray, a former council president, is seeking to be protected from testifying in a case involving alleged retaliation against a whistleblower.
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Conflicts of Interest August 29, 2011

Making Use of Expertise

Let's say you're a professional who wants to give something back to your community by serving on a city board or commission. You open up the newspaper and read that your mayor is saying, "It is not the five of us commissioners who make the city great. It's the citizens who are passionate about it, and now we're telling them, 'Sorry you can't serve.'"
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Resources & Learning August 23, 2011

Habits of the Heart III: The Obligations of Professionals in Local Government (Summer Reading)


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