City Ethics | Breaking the oxymoron: "City Ethics"

Local Government Practice April 16, 2011

The Government Attorney-Client Privilege in a Local Government Investigatory Context

Is the attorney-client privilege, in the context of an inspector general's (or, for that a matter, an ethics commission's) investigation of misconduct in city government, "sacred," as Chicago's corporation counsel insists? Is it even appropriate?

This is a long post that will be fascinating to many, will raise hackles in some, but will be of less interest to others. If you want to cut to the chase, read the summary paragraph at the end and move on.

April 14, 2011

Bellevue Council Can't Get a Grip on an Ethics Investigation

When there is no formal process for dealing with a council member's conflict of interest, and the council handles the matter itself, things can get farcical. This is what is happening in Bellevue, WA. This wealthy suburb of Seattle, with a population of 120,000, has an ethics code for employees, but with no independent enforcement. Its ethics code for elected officials is just the state's limited provisions, again with no independent enforcement, training, or advice.

Ethics Commissions & Administration April 13, 2011

Why Strict Time Periods Are Problematic

When there is a time period in an ethics code investigation or hearing provision, there is always the question: What happens if some event does not take place within the designated time period? Does that mean that the complaint is automatically dismissed?

Transparency & Disclosure April 12, 2011

Financial Disclosure Requirements Are Minimal

Update: May 14, 2011 (see below)

An ethics controversy in Hartford presents a perfect opportunity to show the difference between ethics and law, and the right way to approach financial disclosure requirements.

Resources & Learning April 11, 2011

Blind Spots VIII — How to Handle Our Blind Spots

Max H. Bazerman and Ann E. Tenbrunsel, the authors of the new book Blind Spots: Why We Fail to Do What's Right and What to Do about It (Princeton University Press), present several ways of dealing with the many problems they raise in their book.

April 11, 2011

Local Official Involvement in Shadow Banking

An interesting question arises from a big investigative article in yesterday's Miami Herald: is it unethical for a mayor and his wife to be part of a shadow banking network in their city?

Resources & Learning April 10, 2011

Blind Spots VII — Indirect Blindness and Moral Compensation

I've noted on several occasions that indirect conflicts are among the most problematic areas in government ethics. Blind Spots: Why We Fail to Do What's Right and What to Do about It, a new book by Max H. Bazerman and Ann E. Tenbrunsel (Princeton University Press), looks into some of the psychological aspects of the indirectness problem.

Resources & Learning April 9, 2011

Blind Spots VI — Psychological Cleansing and Obfuscation

The denial of unethical behavior, which usually occurs long after the behavior itself, is usually the worst part of an ethics scandal, the adding of insult to injury. The public is faced with two possibilities when an official denies that he did something unethical. This dilemma is well described in Blind Spots: Why We Fail to Do What's Right and What to Do about It, a new book by Max H. Bazerman and Ann E.

April 8, 2011

A Miscellany

Model Ethics Code Promotion As Community Service
I promise you that I did not write the City Ethics Model Code in order to shorten my prison sentence. According to an article in yesterday's Connecticut Post, that is effectively what a Shelton, CT developer offered to do to shorten his sentence for lying in court about gifts he made to Shelton officials, including the mayor.

Resources & Learning April 8, 2011

Blind Spots V — Informal Norms

Government ethics involves itself primarily with the formal norms set forth in ethics codes. But as the authors of the new book Blind Spots: Why We Fail to Do What's Right and What to Do about It (Princeton University Press), point out, "It is through informal mechanisms that employees learn the 'true values' of the organization."

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