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Advisory Opinions

Ethics Commissions & Administration August 22, 2010

General Advisory Opinions Are Very Useful

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 te…
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August 10, 2010

An Advisory Opinion Gambit in the Big Apple

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 conduc…
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Ethics Commissions & Administration July 5, 2010

Legislators' Independence of Ethics Enforcement

On Independence Day weekend, it's worth remembering that independence does not come cheap, and that there are some things that are more important than independence. One of those things is the public trust. There is a serious cost to our society when government officials place their independence fro…
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Ethics Commissions & Administration April 28, 2010

Advice on Advisory Opinions

Again and again, local government officials say that there is no need for an improved ethics program in their town because no one is filing complaints. If there were ethical problems, they argue, there would be lots of complaints. But complaints are not an indication of the need for a better govern…
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Conflicts of Interest December 28, 2009

Conflicts Involving Local Government, Union Members, and Sister Locals in Rhode Island (Yes, Legislative Immunity Comes Up)

This year, the Rhode Island ethics commission, which has jurisdiction over local governments, has been bouncing around the issue of conflicts of interest relating to local officials' involvement in  negotiations with a union, where they or their spouse is a member of a different local union that sh…
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Ethics Commissions & Administration September 21, 2009

Appearance of Impropriety and Citizen-Based Ethics Commissions

One of the most difficult things for a government official to do is to determine whether his or her conduct creates an appearance of impropriety. Partially blinded by ego, surrounding yes-people, and the government's ethical culture, an official often finds nothing wrong with conduct that many or e…
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Ethics Commissions & Administration June 22, 2009

A Model Ethics Advisory Opinion and Links to Major City and State Advisory Opinions

The New York City Conflicts of Interest Board (COIB) recently issued an advisory opinion (attached, see below) on the subject of conflicts involving city council discretionary funds, a topic I wrote about last year. This is a model advisory opinion, especially in the way it provides a number of sce…
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Conflicts of Interest June 19, 2009

Michigan Women's Rights Statute and an Official's Personal Interests

Rarely does someone make a comment to one of my blog posts that brings such a fresh look at a standard conflict of interest issue as the one made recently by Catherine Mullhaupt, Esq., Director of Member Information Services at the Michigan Townships Association. It is important to recognize that t…
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Ethics Codes & Reform March 27, 2009

Local Government Attorneys - More or Fewer Ethics Rules?

Recently, the Jackson County (MO) county legislature decided to exclude not only county legislature members from its new ethics code, but also county attorneys. This exception is hidden square in the middle of a 58-page code: This chapter applies to all public servants, as the term is defined in th…
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