City Related
The Many Reasons Why a City or County Attorney Should Not Provide Ethics Advice
<a href="http://www.cityethics.org/content/ec-vs-corp-counsel-honolulu" target="”_blank”">A
month ago, I wrote</a> about some problems Honolulu's ethics
program was having with the corporation counsel. The problems have
continued. The big issue this last week has been the corporation
counsel's provision of ethics advice. So far, the argument has
primarily taken place in the form of memos.<br>
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Carrigan Decision: Seeking Ethics Advice Is Due Process
The long-running <i>Carrigan</i> case (<i>Carrigan I</i>, that is) may have finally come to an
end. And it's a very good end. After the U.S. Supreme Court threw
out Carrigan's absurd argument that a council member has a First
Amendment free speech right to vote on legislative matters where he is conflicted, the Nevada Supreme Court
concluded that, if a council member chooses not to seek ethics advice
and votes on a matter involving someone with whom he has a special
Top Tallahassee Officials Oppose Ethics Advisory Panel Recommendations
Now that Tallahassee's mayor has opposed all of the recommendations
from a special ethics advisory panel (attached; see below),
according to <a href="http://www.tallahassee.com/article/20131120/NEWS/131120012/Raw-video-Ta…; target="”_blank”">an
How Much Needs to Be Disclosed?
Maryland has a rule that local ethics ordinances must require the disclosure of all an elected
official's real property, stocks, and bonds. According to <a href="http://www.carrollcountytimes.com/news/local/mount-airy-tables-ethics-o…; target="”_blank”">an
An Ethics Complaint Against a Lawyer on a Local EC
Many people think that lawyers make
the best ethics commission members. In fact, many ethics codes
require that at least some members of an ethics commission be
lawyers.<br>
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However, lawyers are the individuals most likely to have
relationships and obligations that conflict with the obligations
they have as EC members. For example, they often have relationships
with elected officials, who are often lawyers themselves, as well as
with clients who seek special benefits from the local government.
The Sale of Special Access to Confidential Information
<a href="http://parentsunitedphila.com/2013/11/15/is-right-to-know-the-new-pay-t…; target="”_blank”">A
recent post on Philadelphia's Parents United for Public Education
blog</a> raises an issue that pulls together FOI and confidential
information issues. Entitled "Is 'right to know' the new 'pay
to play'?", the post is about Parents United's attempt to make
"Frivolity" in Kenosha, WI
"Frivolous" is a word that, I believe, has no place in a government ethics
program. A look at an attempt to add it to Kenosha's ethics program
shows how, well, frivolous the word is.<br>
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According to <a href="http://www.kenoshanews.com/news/ordinance_seeks_to_derail_frivolous_eth…; target="”_blank”">an
Seattle Rejects Public Financing and Embraces District Council Elections
In my estimation, Seattle voters made a big mistake last week. They
voted for two related changes to their government. One was a public
campaign financing program for citywide council elections. The other
was a change from citywide council elections to district council
elections, which would leave only two citywide positions.<br>
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Public financing was rejected 51.6% vs. 48.4%. Council districts
were accepted 65.6% vs. 34.4%. Both votes will lead to more
institutional corruption in Seattle. By this, I mean the legal
EC vs. Corp. Counsel in Honolulu
Many local ethics programs are caught up in an ongoing battle with
the city or county attorney. Usually this battle goes on behind the
scenes. But in Honolulu, due to an unusual grant of budget oversight
to the corporation counsel, this battle has gone public.<br>
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The Philadelphia Ethics Board's Proposed Gift Regulation
<b>Updated:</b> November 20, 2013 (see below)<br>
<br>
The gift regulation proposed by Philadelphia's ethics board last
week (attached; see below) provides a great opportunity to consider
many issues involving gift bans and exceptions.<br>
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It's a great thing that the ethics board has chosen to provide
guidance with respect to the city's gift ban, which is not itself
very clear. However, I don't think it did a very good job. I'm a big