Let me take a logical approach to the topic of government ethics proceeding confidentiality before I look at what has been happening in Utah this last week.

Assuming you can learn a lot from the mistakes made in local government ethics matters in cities and towns other than your own, there is a great deal to learn from a simple ethics matter that, through a number of mistakes, oversights and, apparently, partisanship has been turned into a big issue in the city of Torrington (CT; pop. 36,000). There's also a lesson to be learned about the confidentiality of ethics commission decisions.

It's not an unfamiliar story. Council candidates promise ethics reform. They are elected, and actually fulfill their promises with a proposed ethics ordinance. But there's not really much to the proposed ethics ordinance, and there's no enforcement mechanism.

This is what is happening in Yorba Linda (pop. 71,000), just outside Anaheim. The proposed ethics ordinance has few provisions, most of them involving campaign finance and city contractors and developers.

I'd like to call your attention to a new local government law blog that, among other issues, covers government ethics. It's called Coates' Canons: NC Local Government Law Blog, and it's a joint effort of  local government law faculty members at the School of Government at the University of North Carolina-Chapel Hill. Albert Coates, after whom the blog is named, was the founder of the university's Institute of Government. Click here to read about the purpose of the blog.

In a recent blog post on the new Michigan Model Local Government Ethics Ordinance, I noted in passing that the model wrongfully made divulging confidential information a violation even when it benefits no one, and that this is not a government ethics issue.

This same issue arose this week in Bainbridge Island (WA), according to an article in the Bainbridge Island Review. A complaint was filed against a council member for leaking confidential information about settlement talks between the city and the Bainbridge Ratepayers Alliance. The complaint was filed by the Ratepayers Alliance.

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.

Two, raising the issue of a conflict can disclose information the official would rather keep personal. After all, the conflict involved is between personal interests and the public interest, so some sort of personal interest must be disclosed if a conflict is disclosed.