Confidential Information

A November audit by Tennessee's Comptroller applies the Federal Acquisition Regulation (FAR) to a state procurement situation, since there are no relevant state rules. The particular provision involves "unfair competitive advantage." This is a useful concept to keep in mind with respect to local procurement matters, as well.

According to an article in the Washington Post this week, the federal Office of Government Ethics has reminded agencies to tell their furloughed employees that "they remain employees of the Federal Government during furlough periods . . .

A front-page article in today's New York Times looks on a conflict situation that is usually ignored:  the unpaid adviser who effectively sells her inside, often confidential information to her clients. She is not technically a lobbyist, because her communications with officials are not intended to push for her clients' goals (although it is impossible to know whether her clients' goals affect her advice).

Recusal is a touchy subject for government officials, for two principal reasons. One, withdrawing from a matter can appear to constitute an admission of misconduct. This is because so many people, and even ethics codes, consider it wrong to have a conflict. Actually, recusing oneself is a way of dealing responsibly with a conflict, and is the opposite of misconduct.

See Update Below
The accusations made by New York's Inspector General that the executive director of New York's Commission on Public Integrity leaked information about an investigation to a close associate of the target of the investigation (the governor) are very upsetting. But there are two important lessons to be learned here.

According to an article in today's New York Times, the reason that charges were dropped against Sen. Ted Stevens is that federal prosecutors repeatedly failed to disclose information that may have helped the defense. Most of the prosecutors' misconduct was discovered and remedied, as far as possible, by the judge.

Update below (August 19, 2009)
Here's a recipe for conflicts of interest. Create a new kind of county commission to hand out grant money. Require that commission members include representatives from public and private agencies that handle the very services the grants are intended for. Stir until frothy.