Recusal/Withdrawal

When Is a Confidentiality Waiver Not a Confidentiality Waiver?
It is common for ethics codes to allow respondents in ethics proceedings to waive confidentiality and make the proceeding public. This is what South Carolina governor Mark Sanford did, according to an article in The State back in August.

"Sanford said a...

One of the more interesting battles in the civil war among Maricopa County elected officials is the Battle of the Civil Division. When the county attorney indicted County Supervisor Don Stapley in December 2008, the board of supervisors decided to take away the county attorney's civil division and create a separate county civil law department.

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...

When a government employee holds or runs for elective office, there can be conflict of interest problems. The principal problem occurs when the government employee has to participate in a matter that directly or indirectly affects his or her agency or department. Whether there is a conflict depends on how direct the effect is. Another problem involves running for office in violation of the federal Hatch Act.

Here's a mind-twister of a situation, from St. Marys City (GA; pop 17,000). According to an article on jacksonville.com, four members of the city council wrote the state attorney general asking for a ruling on whether a fifth council member violated state law by refusing to disqualify himself from voting on the proposed relocation of the St. Marys Airport...

Applicant disclosure is an effective part of local government ethics that is usually ignored. Usually it is officials who are required to disclose potential conflicts of interest, either in the form of annual disclosure statements, revised when circumstances change, or in the form of announcements that they have a potential conflict and are withdrawing from involvement in a matter.

The principal burden should be on officials, but placing an additional burden on applicants -- such...