making local government more ethical
Printer-friendly version
In my previous blog post, the issue arose of voiding a planning and zoning commission's approval of a permit because one of the commission members had a conflict of interest. Connecticut law automatically invalidates the commission action, without any individual or body having to act. But this is unusual. In fact, most jurisdictions do not expressly provide for the avoidance of permits, contracts, or other transactions.

An unpublished Connecticut Superior Court opinion takes an odd approach to a conflict of interest charge against a member of a zoning commission in the small town of Pomfret (pop. 4,000). Not only is it odd, but it could very well be unconstitutional, as it partly bases its decision on whether individuals have spoken out for or against a matter before the zoning commission. My thanks go to Patricia Salkin, who wrote about the decision in her excellent Law of the Land blog and sent me a copy of the decision.

Just down the road from Philadelphia, Baltimore too is considering ethics reforms, but it's in response to a scandal involving its past mayor rather than in response to the work of a task force.

There are two bills before the Baltimore council, both of them introduced while the new mayor was council president. One makes changes to the city's ethics board composition and ethics training, the other to the city's ethics code. Neither is much to get excited about.

Last December, I listed the major recommendations of Philadelphia's Task Force on Ethics and Campaign Finance Reform in its 58-page report.

According to an article in yesterday's Philadelphia Inquirer, just three months later, fifteen of seventeen city council members have co-sponsored a series of ethics reform bills. That sounds like good, fast work that deserves some serious applause.

But there are some big question marks. One is that none of the bills are available online. Each bill is given a bill-less page (1  2  3  4   5; also see the March 4 council minutes for a full list of the bills and sponsors), and in one case there is even a link to a bill, but the link doesn't work. So I am dependent, for now, on what I read in the newspaper.

An article in yesterday's Philadelphia Inquirer says that the state's inspector general has found that, despite past problems, the South Jersey Transportation Authority has gotten its act together, ethically speaking. But go to the authority's News Clip page, and all it says is "Nothing to Report." After all, a 103-page inspector general's report detailing the authority's ethical misconduct isn't worth reporting, is it? It's a professionally designed website, but there appears to be nothing about ethics or compliance, and no search line to find it.

Governors Aren't Always Governors
The involvement of New York governor David Paterson in his aide's domestic abuse matter gets right to the heart of government ethics.

According to an article in today's New York Times, Paterson told a state employee and mutual friend of his and the domestic abuse victim's, “Tell her the governor wants her to make this go away."