Advisory Opinions

A couple of months ago, the Ohio Ethics Commission did something very wise and valuable:  it drafted an advisory opinion on nepotism rules, gathering information from years of partial, specific advisory opinions, and providing examples. It even gives excellent definitions of each of the relevant terms, including such generally applicable terms as "public contract"  and "anything of value."

Recusal is a two-part process. First, the official discloses his interest in a matter that has or will come before his board or agency. Then, the official does not participate in that matter.

In Tucson, this process was distorted by the involvement of a board attorney. According to an article in Wednesday's Arizona Daily Star, the chair and vice...

Here's a clever way to abuse the advisory opinion process. A few months after conduct begins, seek advice from the ethics commission. After the EC tells you it's okay, increase the amount of conduct so much that the advice is no longer relevant, and then point to the advice in defense of the conduct. Finally, refuse to provide information about the extent of the conduct, so that no one can provide hard evidence that there is truly a change in the extent of the conduct.

This gambit...

The usual image we get when we hear about a government official getting something free from a contractor is of a new kitchen or driveway. But free services can also be invisible, like legal advice and other professional service.

In March I wrote a blog post about a situation in La Crosse, Wisconsin where the mayor brought his father, who runs a refuse business, to meet with a county official about a county solid waste assessment. A council member sought advice from the city attorney rather than the city ethics board, and then the mayor said he would put the matter before the ethics board. His father's company has a refuse...

Update: August 2, 2010 (see below)

I've long said that conflicts of interest should not be limited to financial interests or, in other terms, situations where a possible financial benefit or loss is involved (see, for example, this 2009 blog post). My position is confirmed by the twisted yet necessary logic in...