Blind Spots II — Motivated Blindness
Although we have more trouble seeing our own unethical behavior than we
do seeing others' unethical behavior, Max H. Bazerman and Ann
E. Tenbrunsel, the authors of the new book <a href="http://www.amazon.com/Blind-Spots-Whats-Right-about/dp/0691147507" target="”_blank”">Blind
Spots:
Why
We
Fail
to
Do
What's Right and What to Do about It</a>, have found that
Blind Spots I — Unconscious Unethical Conduct
Although it is not a book about government ethics, <a href="http://www.amazon.com/Blind-Spots-Whats-Right-about/dp/0691147507" target="”_blank”">Blind
Spots:
Why
We
Fail
to Do What's Right and What to Do about It</a> by
Max H. Bazerman and Ann E. Tenbrunsel (Princeton University Press) is
a must-read book for government ethics practitioners. This new book (it
A Remedy for Lack of Ethics Training and Advice?
How important is ethics training? According to Justice Ginsburg's
dissent in <a href="http://www.supremecourt.gov/opinions/10pdf/09-571.pdf" target="”_blank”">Connick
v. Thompson</a>, a 5-4 decision by the U.S. Supreme Court on
March 29, it is the difference between life and death.<br>
<br>
Penalizing Ethics Proceeding Transparency
Transparency is one of the most controversial aspects of government
ethics. It's so controversial that it is rarely
discussed in terms of transparency. It is almost always discussed in terms of
confidentiality, which is rarefly referred to by its popular name: secrecy. This careful use of words leads people to devalue transparency.<br>
<br>
The first statement in any discussion of transparency in government
ethics should be that transparency is one of the three areas of
Independence of Ethics Administration Should Trump Independence of Agencies and Districts
Two types of independence often clash when it comes to government
ethics. It is important that government ethics programs be administered
by independent commissions. But independent agencies often do what they
can not to be subject to a local government ethics commission.<br>
<br>
It is clear which sort of independence is more important, but
independent agencies still put their interest in self-regulation ahead
of the public's interest in an effective, trustworthy ethics program.
Nepotism and Oversight Relationships
It's hard for ethics codes to deal with every kind of relationship where nepotism might be a problem. In a
matter involving the <a href="http://www.sfwmd.gov/portal/page/portal/sfwmdmain/home%20page" target="”_blank”">South
Florida Water Management District</a> (SFWMD), the relationship involves oversight.<br>
<br>
Incompatible Offices in Perspective
Incompatible offices is a form of conflict I have not dealt with in
this blog. A good occasion to do this is <a href="http://www.latimes.com/media/acrobat/2010-12/58022849.pdf" target="”_blank”">a
recent California attorney general's opinion</a> interpreting the
state's 2005 incompatible offices statute, which applies to local and state
Council Chair and Chamber Director: How Conflicting Are These Positions?
Without giving it any thought, it would be hard to think of a better
fit than a city politician running the local chamber of commerce. After
all, the goals of a chamber of commerce and of a city government are
pretty much the same: security, good government, good services,
low taxes.<br>
<br>
But when you think about it more, you realize that a chamber of
commerce is not just a cheerleader for the city, but also a powerful
organization that lobbies city politicians on a variety of issues,
Is An Attempt to Improve Appearances Worse Than Serving Oneself?
Some local government ethics codes include a provision prohibiting officials from
acting outside of their authority, which is especially directed at
council members interfering in a city or county's management. I don't
consider this a government ethics issue, since it does not necessarily
involve favoritism, the official's personal interest, or anyone's
personal interest. It is most often just a matter of the official
trying to get things done through improper channels, which is a
Wisconsin Legislature Seeks to Make the Open Meetings Law Enforceable Against Everyone But Them
<b>Update: May 27, 2011</b> (see below)<br>
<br>
<a href="http://www.cityethics.org/content/open-meetings-laws-and-legislative-im…; target="”_blank”">Last
week, I wrote</a> about a temporary restraining order (TRO) placed on
the publication of a Wisconsin bill that was allegedly passed in
violation of the state's open meetings law. However, the court placing