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June 24, 2011

The Broward League of Cities' Poor Ethics Recommendations

It's fascinating how different issues are important to local government officials in difference places at different times. I couldn't say that officials will always dig in their heels and fight this ethics provision, or that another ethics provision never raises an eyebrow. Take Broward County, FL,…
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Conflicts of Interest June 22, 2011

Ethics Advice and the Importance of Being a Daddy's Boy

Update: June 30, 2011 (see below) One thing you can say for James Bopp, Jr. (an attorney who has taken many campaign finance cases to the Supreme Court for organizations that oppose certain campaign finance regulations) is that he doesn't beat around the bush. He's a straight shooter. The problem i…
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Ethics Codes & Reform June 22, 2011

Taking State Laws Into Account When Drafting Ethics Provisions

It is important to take state laws into account when drafting ethics provisions, especially in local governments that do not have home rule charters. Here are two situations in the news where this was not done, and ethics reform has been undermined. Dealing with the state laws from the beginning co…
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Conflicts of Interest June 21, 2011

Selection and Oversight of Consultants

Just because it happens in New York City doesn't mean it will happen in the average city or, especially, town. Right? No, it can happen, only the numbers will probably be smaller. Two situations described in today's New York Times, both of them effectively centered on the hiring and failure to over…
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June 20, 2011

Bullying an Ethics Board Pays Off in Sioux Falls

It staggers the imagination how combative local government officials can sometimes be with respect to ethics commissions. A year ago, I wrote about a former Sioux Falls (SD) council member, Kermit Staggers, who attacked complaints filed by the city's ethics board as "frivolous" and attacked its pro…
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Ethics Commissions & Administration June 18, 2011

The EC Selection Process and Recusal

When an ethics commission and its staff are at odds, and the commission is dealing with complaints against high-level officials, it is always best for everyone when those officials had nothing to do with the selection of the ethics commission's members or its staff. In other words, you never fully …
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June 17, 2011

Atlanta Schools Ethics Controversy Decimates Ethics Commission

An ethics controversy involving the Atlanta Public Schools (APS) has led to the resignation of four of the seven members of the APS ethics commission, a failure to replace them, and a threat to the schools' accreditation status. The story starts in 2010, when ethics complaints were filed against sc…
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Local Government Practice June 16, 2011

The Effect of the Wisconsin Supreme Court Open Meetings Decision on Local Government Ethics

According to the Wisconsin Supreme Court majority, a state legislature does not have to follow ethics laws, even ethics laws expressly designed to meet constitutional requirements. This shocking statement comes from the opinion in the case Wisconsin v. Fitzgerald, which I discussed in a recent blog…
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June 15, 2011

Louisville Council Member Digs In As EC Decision Leads to Removal Proceedings

On Friday, the Louisville ethics commission found that a council member intentionally violated several ethics provisions. This was its first major action under the city's new ethics code, which I wrote about last year. The EC gave the council member the most serious penalty it can give to a council…
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Conflicts of Interest June 13, 2011

The Supreme Court's Local Government Recusal Decision Is Limited to Voting and Legislative Debate

The Supreme Court reached a decision today in the Carrigan case, and it is nearly unanimous. However, it deals with only one part of the arguments made by Carrigan (see my blog post on the oral argument): whether a local legislative vote is protected speech under the First Amendment. The answer is …
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