Conflicts of Interest

Which is the more troubling misuse of office? A local government official having a citizen arrested for criticizing him, or a local government official using tax dollars to pay off a citizen so that it doesn't come out that the politician has influence over whom the police arrest?

This choice of evils comes from a Jim Dwyer column in today's New York Times. The article contains two similar stories, one complete, the other still in process.

Every bad situation has a nightmare equivalent. The nightmare equivalent of mayoral misuse of public office and public property for personal benefit seems to have occurred in the Philippines.

Political activity by local government employees can be a sign of misuse of office. And when election problems arise, they generally involve local government employees, as has happened in Essex County (NJ; home of Newark), according to an article in Friday's Star-Ledger.

Two months ago, I pointed out Patricia Salkin's new summary of 2009 reported cases dealing with ethical aspects of local government land use matters. I'm finally getting around to analyzing one of them that provides a fascinating perspective on why conflicts of interest are important.

One of the most common mistakes government officials make is to see recusal as involving only a decision whether or not to vote on a matter where they have a possible conflict of interest. A Phoenix council member and a city attorney appear to have made this mistake.

Tallahassee takes a compliance approach to ethics. Its ethics code is aspirational, based on core values. Its ethics training employs a Character First approach. Conflicts of interest are only a small portion of a program that ranges from personnel and transparency issues to harassment, discrimination, and fraud.

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 shares the same umbrella union and, often, the same negotiators and some of the same funds. The public statements on this issue, from representatives of unions and good government organizations, and the quandaries of EC members make valuable reading.

I talk a lot about the importance of independent ethics commissions. But independence is not always a good thing for local government boards and commissions. Independence without oversight, transparency, and independent ethics enforcement easily turns into someone's fiefdom.

I'm back from the Council on Governmental Ethics Laws (COGEL) conference, and I will be sharing some valuable information from the talks and panels I attended.

In a panel on gifts provisions in ethics codes, the panel consisted not only of the usual government ethics professionals, but also a lawyer who advises and defends lobbyists and those who do business with governments. One difference in their perspectives stood out.

One way of describing government ethics is that it involves the use and abuse of the power that goes with government officials' positions. Not all such abuses are covered by ethics laws, of course. This blog post looks at an instance of abuse that is not covered. It involves a state legislature and, especially, one state representative, in a state where local ethics is handled at the state level.