City Ethics | Breaking the oxymoron: "City Ethics"

Conflicts of Interest July 15, 2011

How Candidates Should Deal Responsibly with Conflicts

A post yesterday in Coates' Canons: NC Local Government Law Blog raises an interesting issue about the situation of a local government candidate who has an interest in a contract with the local government which, by NC law, is prohibited not for candidates, but for a winning candidate the day he or she takes office. This provides a good occasion to look at the intersection of candidates and local government ethics codes, outside of the more common campaign finance issues.

July 14, 2011

A New Twist to a Baltimore Legislative Immunity Case

The paths of justice have some odd twists to them. Consider these twists. As I wrote in a blog post almost exactly a year ago, both parties to a case involving a Baltimore council member's alleged acceptance of a bribe argued that a statutory provision entitled "Action for defamation against local government official" was not relevant to the case.

Conflicts of Interest July 13, 2011

Hearse Chasing As Misuse of Office

Everyone knows about ambulance-chasing lawyers, but until reading an article in today's Citizens' Voice of Luzerne County (PA), I had never heard of hearse-chasing deputy coroners. Maybe I would have known about them if I'd watched the TV show Six Feet Under.

Ethics Commissions & Administration July 12, 2011

A City Attorney Wearing Too Many Ethics Hats

How many hats can a local government attorney wear when it comes to government ethics? This question arises out of a state bar grievance filed against Houston's city attorney by a member of the city council.

Enforcement & Complaints July 11, 2011

Trust and the Independence of Ethics Enforcement

The way elected officials often think about government ethics enforcement, it's almost as if they weren't being investigated and given a hearing, but were being stoned. And in a certain sense, that is what is happening.

July 10, 2011

Mis-summarizing and Other Ethics Problems in Chula Vista, CA

The power of the pen is great, and one place that it is especially powerful in the field of government ethics is in summaries and directions. Those who write summaries of ethics laws and directions for filing complaints or other forms can have an enormous effect on government ethics, either intentionally or negligently, by mischaracterizing ethics laws and procedures.

Ethics Commissions & Administration July 4, 2011

Blog Posts on Ethics Commission Independence

For Independence Day, here's a blog post that pulls together all past blog posts on ethics commission independence. EC independence is essential to an effective and respected ethics program, and yet a small minority of ECs are truly independent. Those individuals seeking to make their city or county's EC independent or to set up an independent EC need all the ammunition they can get. That is, they need to know what the options are, what the advantages are, and how ineffective and unrespected non-independent ethics advice and enforcement are.

Conflicts of Interest June 30, 2011

A Ninth Circuit Decision on Legislative Immunity and Legislative Acts

Yesterday, the Ninth Circuit, in its decision in U.S. v Renzi, considered what constitutes a "legislative act" with respect to the constitutional Speech or Debate Clause, which provides legislative immunity to legislators by preventing the executive and judicial branches from investigating or hearing matters involving legislative acts.

June 29, 2011

District Attorney Insists, "My Staff Has Been Following My [Ethics] Rules"

Last week, I wrote about a Pennsylvania Supreme Court decision invalidating a Montgomery County's ethics code to the extent it applied to the employees of independent agencies, such as the district attorney's office.

Campaign Finance & Pay-to-Play June 28, 2011

The Reality and Purpose of Public Financing Triggers, and Government Ethics

Reading the Supreme Court majority and dissent opinions in McComish v. Bennett (attached, see below; actually Arizona Free Enterprise Club's Freedom Club PAC v. Bennett at the Supreme Court level) is a very jarring experience that I highly recommend to anyone interested in government ethics. One opinion presents the world as we know it. The other opinion exists in a different world, a world without action and inaction on the part of legislative officials that can be tied directly to contributions in support of their campaigns.

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