making local government more ethical
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Unions are paid for by union members, business associations are paid for by businesses, but local government associations are paid for by taxpayers, not by local governments. And yet while unions represent members, and business associations represent businesses, local government associations represent local governments. This setup is asking for trouble.

An unpublished Connecticut Superior Court opinion takes an odd approach to a conflict of interest charge against a member of a zoning commission in the small town of Pomfret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.

This month, in Portland, CT, home of the stone used to build New York City's brownstones, the new ethics commission found that it was a violation of the town's ethics code for the board of selectmen (the town's management board) to hire attorneys who had given campaign contributions to the board of selectmen majority's party town committee, according to the EC's minutes. The contributions of the particular attorneys were $20-250.

Cronyism is a tough problem to deal with. First, it's hard to define and, therefore, to enforce. Second, it's not clear that government ethics is the right place to deal with cronyism. Third, it's questionable whether most instances of cronyism create an appearance of impropriety so much as create an opportunity for personal and political attack.

Your big brother is a powerful member of city council, and you're just a deputy city clerk. There's got to be more than this! So you retire, take your pension of $68,000, and run for state representative, with all the support your brother and his friends can provide, adding another $86,000 in salary and the prospect of a second government pension. Not bad.

But not enough. You set up a lobbying firm, "to help businesses engage" with the city, and you let your partner engage with the state, since you can't do that yourself. For an office from which to lobby city officials, including your brother, you find a bargain: in your brother's building, where you and he already have your constituent offices.

Misuse of government resources, nepotism, transparency, and the obligations of government attorneys are all issues in litigation over a village's secret use of a contaminated well for 20% of the village's water supply, according to an article in Sunday's Chicago Tribune.

Update: February 3, 2010 (see below)

A NC Local Government Blog post yesterday made me aware that there have recently been some very public conflict of interest issues involving North Carolina's alcoholic beverage control (ABC) system, the state liquor sales program, which allows each city and county to have a local alcoholic beverage control board and employees (163 boards in all).