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Advisory Opinions

Ethics Commissions & Administration August 9, 2013

Designated Ethics Aides

The idea of a designated driver was a great idea (thank you, Scandinavia). The idea of the designated hitter was a lousy idea (yes, I'm a National Leaguer). How about a designated ethics aide? A staff member assigned by a local legislator, or department or agency head, to be her point person on con…
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Ethics Commissions & Administration August 8, 2013

How to Handle Misrepresentations of Ethics Advice

It is very damaging when a government official misrepresents ethics advice he has been given. What should an ethics officer or commission do when this happens? In many cases, such advice, especially when it is provided informally, is confidential. When an official makes a public statement about suc…
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Local Government Practice July 28, 2013

A New Local Government Ethics Term

Kudos to the editorial board of the St. Louis Post-Dispatch for inventing a new local government ethics term in an editorial yesterday. The term is "dyscronia." Unfortunately, although referring to it as a "learning disability," the editorial board chose not to define it. So I will. Since the term …
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Ethics Commissions & Administration July 9, 2013

The Appearance of Independence and a Monopoly On Advice

Two of the most important elements of a government ethics program are the appearance (and reality) of independence and a monopoly on ethics advice and enforcement. The government ethics program that has jurisdiction over the greatest number of local officials and employees in the U.S. has problems …
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Ethics Commissions & Administration June 25, 2013

Voting For or Against Is Not the Question; Independence Is the Answer

Some people incorrectly believe that a conflict of interest requires an official not to vote in such a way as to benefit himself. That is, if the official might benefit from a vote, it's okay for him to vote against it, because that shows that the official is not seeking to benefit himself. What is…
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Ethics Commissions & Administration June 24, 2013

Attacking Instead of Asking

According to an article in the Denver Post last week,these are the words of Colorado's Secretary of State after the state ethics commission found him in violation of an ethics provision, on account of using state funds to attend the Republican national convention last year: "As we said from the sta…
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Conflicts of Interest March 29, 2013

Why Are Council and School Board Seats Incompatible?

“Incompatible offices” is a form of conflict that is usually left out of ethics codes. One reason is that there is a common law prohibition against officials holding incompatible offices. But whether or not the conflict is common law or in an ethics code, this is an important kind of conflict that …
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Ethics Commissions & Administration March 6, 2013

When an EC Is Dependent

The Colorado ethics commission matter that I discussed in my last blog post points to yet another reason why ethics commissions must have their own counsel, and a sufficient budget to pay that counsel. According to a January article in the Colorado Independent, Colorado's Attorney General issued an…
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Conflicts of Interest March 6, 2013

Total Gift Bans and Legal Defense Funds

A February draft advisory opinion from the Colorado Independent Ethics Commission (attached; see below) raises two different issues. One is the problematic nature of a total gift ban, that is, a ban on all gifts from anyone, accompanied by a whole host of exceptions. The other is the important diff…
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Ethics Codes & Reform February 27, 2013

Bridging the Gulf Between Administrative and Government Ethics

I have done a poor job in this blog covering administrative ethics, that is, the field of study involving the professional conduct of public administrators. Writers on administrative ethics have done a poor job of covering government ethics, that is, the field of study involving conflicts of intere…
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