A New Local Government Blog That Covers Ethics Issues
I'd like to call your attention to a new local government law
blog that, among other issues, covers government ethics. It's called <a href="http://sogweb.sog.unc.edu/blogs/localgovt/" target="”_blank”">Coates' Canons: NC
Local Government Law Blog</a>, 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 <a href="http://sogweb.sog.unc.edu/blogs/localgovt/?p=151" target="”_blank”">here</a> to
read about the purpose of the blog.<br>
<br>
Founded on July 30, the <a href="http://sogweb.sog.unc.edu/blogs/localgovt/?cat=5" target="”_blank”">Ethics &
Conflicts category</a> contains eleven blog posts directly relevant to
local government ethics. The <a href="http://sogweb.sog.unc.edu/blogs/localgovt/?p=1440" target="”_blank”">latest one</a>
considers the situation of a local government attorney whose relative, close friend, or associate is elected to government. "It wouldn’t be
difficult to imagine a scenario in which the attorney
may be (improperly) more concerned with the interests of the individual
rather than those of the organization. ... If the county attorney is
married to a commissioner, how effective will
that attorney be in representing the county’s interests if the
commissioner-spouse is later accused of misconduct? How will the
attorney respond if the commissioner-spouse insists that the attorney
not reveal to the rest of the board the substance of 'confidential'
conversations with the attorney about county business?"<br>
<br>
The blog post looks at how such a situation should be dealt with
according to the state's Rules of Professional Conduct. But what about
a local government's ethics code, now that North Carolina local
governments will start having such things? (see <a href="http://www.cityethics.org/node/808" target="”_blank”">my blog post</a> on the
pitiful new state requirement, and <a href="http://sogweb.sog.unc.edu/blogs/localgovt/?p=543" target="”_blank”">Coates'
Canons' post</a>)<br>
<br>
There is a <a href="http://sogweb.sog.unc.edu/blogs/localgovt/?p=1194" target="”_blank”">fascinating
blog post</a> from November on the issue of who, or what body, is
authorized to waive attorney-client privilege on behalf of a mayor,
manager, or council member.<br>
<br>
Before I look at further blog posts, I'd like to point out a related
store of information, the UNC School of Government's <a href="http://www.sog.unc.edu/nclgdocs/" target="”_blank”">NC Local Government Document
Warehouse</a>. It's not of much use for ethics yet, but it's a great
resource for other things, such as the subject of the next blog posts
I'll be looking at.<br>
<br>
Do you know about the Grants Management Common Rule? If your local
government is taking money from the federal government, you'd better
know about it. In two blog posts, Eileen R. Youens discusses its
requirements.The <a href="http://sogweb.sog.unc.edu/blogs/localgovt/?p=1129" target="”_blank”">first </span></a>focuses on bid
protest procedures (the Rule does not provide much in the way of
guidelines). The <a href="http://sogweb.sog.unc.edu/blogs/localgovt/?p=1185" target="”_blank”">second</a>
blog post focuses on codes of conduct for the award and administration
of contracts. The required code of conduct even includes disciplinary
actions. In many cases, some of the provisions appear in local or
state law, but these must be supplemented.<br>
<br>
There's <a href="http://sogweb.sog.unc.edu/blogs/localgovt/?p=1139" target="”_blank”">another
fascinating blog post</a>, from October, on the common law concept of
amotion (not a typo). It allows for the removal of a corporate officer
for cause. It is almost never applied in a local government situation,
but it could form the basis for an ethics code provision allowing
removal of an official. Who knew?<br>
<br>
Also see a good <a href="http://sogweb.sog.unc.edu/blogs/localgovt/?p=876" target="”_blank”">blog post</a>
on opposing counsel's right to communicate with local government
officials even after told that all communications must go through local
government counsel, and the limits and rules relating to such
communication.<br>
<br>
And there's another good <a href="http://sogweb.sog.unc.edu/blogs/localgovt/?p=793" target="”_blank”">blog post</a>
about the ethics ramifications of the purchase of surplus property from
a local government by a local government employee.<br>
<br>
The NC blog is a great addition to the field. You can either RSS the
blog or ask that new blog posts be e-mailed to you.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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