Ethics Codes & Reform

Ethics Codes & Reform December 18, 2015

Broad Responsibility for Ethical Misconduct

A couple of weeks ago, in a City and State column, veteran NYC reporter Wayne Barrett hit the nail on the head regarding the responsibility for failures to deal responsibly with conflicts of interest, specifically with respect to the conviction of former state assembly speaker Sheldon Silver, a Democrat:

Ethics Codes & Reform November 20, 2015

A Lobbying Pledge

A Portland, OR mayoral candidate made an interesting pledge in September, according to an article in the Portland Tribune:

I will not permit any individual who was a paid member of my campaign or my mayoral staff to lobby me or my office on behalf of a private entity. This prohibition will extend through my full four-year term in office.

Ethics Codes & Reform October 1, 2015

Attempt to Make Gift Bans Unconstitutional in KY

It was only a matter of time before the U.S. Supreme Court's campaign finance opinions (and decisions at the trial and appellate level that have applied them to other situations) would be used to argue that conduct prohibited or limited by government ethics provisions are also protected as free speech by the First Amendment of the U.S. Constitution.

Ethics Codes & Reform September 8, 2015

Legal Ethics Should Not Be Confused with Government Ethics

Many local government attorneys insist that government ethics laws should not apply to them because they are covered by legal ethics rules. In fact, some government ethics codes have express exceptions for attorneys. I have always insisted that the two are very separate and should not be confused with each other. A recent Ohio Board of Professional Conduct of the Supreme Court decision shows how separate they are.

Ethics Codes & Reform October 22, 2014

Applying the Broken Windows Theory to Local Government Ethics

Does the "broken windows" theory, as first stated in a 1982 Atlantic essay by George L. Kelling and James Q. Wilson, apply to government ethics? The theory says that, if small things like broken windows are ignored, people will think that no one cares and, therefore, they will break more windows and move on to more serious misconduct. It's about setting norms and sending signals.

Ethics Codes & Reform June 23, 2014

Ethics Commissions Need to Look at the Reasons Behind Gift Rules

The Washington state Legislative Ethics Board has been discussing how many meals a state legislator should be able to accept from lobbyists and lobbyist-employers under the "infrequent" meals exception in the state ethics code. The exception allows legislators to accept food and beverage when their attendance is "related to the performance of official duties" on "infrequent occasions." The board has apparently never defined "infrequent."

It's About Perceptions

Ethics Codes & Reform June 20, 2014

Why Government Ethics Programs Have Limited Subject Matter Jurisdiction

An individual who was asking me government ethics questions recently became angry when I said that codes of conduct that go beyond conflicts of interest are outside of my field. He said that those who engage in bad conduct will probably also engage in bad ethics. He referred to my exclusive focus on conflicts of interest as "compartmentalization."

Ethics Codes & Reform May 27, 2014

Poor Ethics Code Language

Are those who draft local government ethics codes unusually eccentric? Unusually clever? Or just lazy? Whichever it is, they don't seem to consider best practices, or even the practices of better ethics programs. Across the U.S.A., ethics code drafters seem to pull many of their provisions out of a hat. And as with Rocky the flying squirrel, sometimes they pull out a rabbit, sometimes a rhino, and sometimes Bullwinkle the moose.

Ethics Codes & Reform May 20, 2014

Some Excellent Lobbying Reforms in NYC

A must-read for lobbying reformers! A series of fascinating amendments that were made to New York City's lobbying law last December will take effect this month. There are some reforms here that I've never seen anywhere else, and they raise some issues that need to be more widely discussed.

Ethics Codes & Reform May 14, 2014

An Example of Why Towns Need Lobbying Codes

Small towns don't need lobbying registration, because no lobbying of any consequence occurs there.

Small towns don't need lobbying registration, because no lobbying of any consequence occurs there.

Say it often enough — as local government and lobbying associations do — and people believe it's true. But it's not. And here's a good example why.

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