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Conflicts of Interest July 20, 2008

Trusting Public Boards of Trustees in San Diego County

You know you're in trouble when a grand jury foreman says about you, "They need an independent organization to be an oversight ..., not just the grand jury doing it once every few years."

Of course, the "they" here are local government agencies:  five community college districts in San Diego County, whose boards of trustees are elected.

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Campaign Finance & Pay-to-Play July 17, 2008

If Only a Large Campaign Contribution Could Be Considered a Conflict of Interest -- The Westminster Approach

In ethics codes, campaign contributions are sacrosanct. Nearly every ethics code excepts them from the definition of "gift," "personal benefit," "anything of value," or whatever they call money and goods given to government officials and employees. Limiting campaign contributions is a matter for campaign finance laws, because there is no conflict of interest involved.
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July 12, 2008

Update on Oklahoma Ethics Commisson Funding

I recently reported that the Oklahoma Ethics Commission was considering suing the legislature for more funds, on the ground that the state constitution requires adequate funding for the EC, and the legislature had, among other limits, permitted it to have only one investigator.
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Campaign Finance & Pay-to-Play July 10, 2008

Campaign Finance and the Perception of Independence of a Chief Financial Officer

One goal of campaign finance reform is to end the appearance and reality of corruption that comes with large campaign contributions. This appearance is attached especially to large contributions from those doing business with the city or trying to change its laws -- contractors, lobbyists, and unions. This appearance is most serious when the position has fiduciary obligations and is supposed to be independent rather than representative, such as the New York City Comptroller.

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Transparency & Disclosure July 8, 2008

Should an Unaccountable Former Officeholder Retain Power over Public Information? - Personal vs. Public Interest

One of the interesting things about the attorney-client privilege in a government setting is that the privilege -- which is, of course, the client's, not the lawyer's -- is held by the office, not by the individual holding the office at the time of the communication. This is a major reason why the attorney-client privilege is different in a government context:  whenever a government official tells something to a government attorney, the official knows that his or her successor might waive the privilege and disclose the communication or direct the lawyer to do so.
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Conflicts of Interest July 7, 2008

Government Ethics vs. The Right to Sign Petitions

[This blog entry has been substantially changed based on a response from the Phoenix City Manager, who provided information about the reasons for the City Attorney's position and the relationship of the City Attorney with the mayor.]
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Conflicts of Interest July 3, 2008

Local Government Consultants and Conflicts - New York Lawyers and Their Pensions

According to a New York Times article last week, hundreds of lawyers in New York State who have done consulting work for local school districts allowed themselves to be listed as part-time employees and allowed themselves to be enrolled in the school districts' pension systems.
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Conflicts of Interest July 1, 2008

Who Is a Local Government Attorney's Client? -- A Conflict of Interest Question

Last week, the New York Times reported that for six months the White House refused to open an e-mail from the Environmental Protection Agency, a report stating that greenhouse gases are pollutants that must be controlled. The White House considered the EPA report to be in some sort of "e-mail limbo," without official status. So nothing had to be done about it.
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Transparency & Disclosure June 30, 2008

A Couple of Good Local Government Approaches to Transparency and Citizen Feedback

The Internet provides all sorts of opportunities for both transparency and citizen feedback. One way, which I pointed out recently, is for local government officials to have blogs that allow them to present their news and views, and allow citizens to respond and ask questions.

Two other approaches have just been taken by towns near where I live.

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June 25, 2008

Favoring Friends and Family Catches Up to Baltimore's Mayor

Two years after allegations made by the Baltimore Sun, two years after state prosecutors began an investigation, a year and a half after being appointed mayor (after being city council president), and six months after being elected mayor, Baltimore's Sheila Dixon's alleged favoring of friends and family has been brought before a grand jury, according to an article in today's Sun.
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