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City Related

Ethics Commissions & Administration April 26, 2009

Supermajority Votes in the Probable Cause Phase of Ethics Enforcement

Requiring supermajority votes by ethics commissions to find probable cause or a violation is probably the best obstacle elected officials can place in the way of effective ethics enforcement. This is especially true of the probable cause phase, if there is one. Take the typical five-member town or …
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Enforcement & Complaints April 25, 2009

Correcting a Misuse of Office Should Be Encouraged, Not Penalized

Here's an ethics story from Orlando with a good ending. It emphasizes what I wrote recently, that government ethics involves dealing responsibly with conflict situations. According to an article in today's Orlando Sentinel, an Orlando commissioner's son called her while pulled over by a police offi…
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April 21, 2009

Maryland Prosecutor Concedes Council Members' Legislative Immunity in Non-Criminal Ethics Proceedings

Once again, it has been proven that placing ethics in the hands of prosecutors can be damaging to the cause of government ethics. The proof this time is in the state prosecutor's opposition to the Baltimore mayor's motion to dismiss criminal ethics charges against her, partially on account of legis…
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Local Government Practice April 21, 2009

Regulating Ethics in a Bust

Booms and busts are common not only in a financial system. They are also common in government ethics. Booms are when things are good, when local politicians seem worthy of our trust. Busts are when we find out that things aren't what they seemed. In other words, when there's a scandal. In an Econom…
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Ethics Codes & Reform April 20, 2009

Covering Political Party Officers

Who is covered by an ethics code can be very important. In Baltimore, for instance, as I wrote in a recent blog entry, the city solicitor has interpreted the ethics code to require disclosure of gifts only from companies doing business with the city, not from their owners, officers, or employees. I…
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Enforcement & Complaints April 17, 2009

Legislative Immunity Goes Local: The Defense Was Just Used in an Ethics Matter in Baltimore

It had to happen soon:  a legislative immunity defense has been used in a local government ethics matter, albeit in a city where violations are criminally prosecuted. I happened upon it in my research on my last blog entry, about the Baltimore mayor's defenses of her taking gifts from a city develo…
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Transparency & Disclosure April 17, 2009

Disclosure of Gifts -- Really Just from Companies?

Update below: The controversy in Baltimore over the mayor's acceptance of gifts from a developer whose companies have received a great deal of funding from the city appears now to be focused on whether or not the mayor was required to disclose these gifts, since the developer did not personally do …
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Local Government Practice April 17, 2009

The Effect of a State's Ethics Environment on Local Governments' Ethics Environments

One of the principal reasons I have focused my energies on local government ethics is that most people learn their government ethics at the local level. What they see people doing on councils and zoning boards, they do on state legislatures and commissions, and then again at the federal level. But …
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Ethics Commissions & Administration April 16, 2009

Politicians on an Ethics Commission, EC Self-Regulation, and Other Interesting Issues That Arise from One Matter in Tulsa

According to an article in the Tulsa World, last week the city's Ethics Advisory Committee (EAC) ruled in favor of one of its members, Michael Slankard, with respect to an advisory opinion request by the city attorney. This situation raises several interesting issues. Background Information First, …
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Conflicts of Interest April 11, 2009

The Value of Jurisdiction Over Contractors in Projects Paid For with Local Government Funds

An important issue in local government ethics is how far jurisdiction should go. Recently, I did a blog entry on jurisdiction over those doing government-approved work. An article in today's New York Times raises another important jurisdictional question:  should a local government have ethics juri…
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