Model Code

Patronage involves a conflict between one's obligation to the public to hire the most competent person for each job, and one's political obligation to reward those who help oneself or one's colleagues get elected. Most ethics codes ignore this conflict. Please share your thoughts on its inclusion, as well as your experiences with patronage and attempts to control it.

This is the place to discuss how to deal with the situation where an official puts pressure, directly or indirectly, on subordinates to participate in political campaigns. This provision also deals with the problem of political activity at work or with city funds or facilities. Municipal officials and employees have the right to participate in political activities, but they also have an obligation to separate this from their municipal responsibilities. Some city administrations have based their power on pressuring subordinates into working for their re-election.

This is the place to discuss how best to deal with the problem of an official using confidential information for his or her own gain, or disclosing confidential information for others' gain. A principal issue is how to define "confidential information."

This is the place to discuss how to prevent the conflicts that arise when a city official represents (or appears for) someone before the city or against the interests of the city. The difference between representation and appearance is explained in the comments below. Please comment on this division, and share your experiences and thoughts regarding this area of conflicts.

This is the place to discuss another basic statement of conflict of interest, relating to how officials act toward city residents. Other codes use the language of "misuse of office." Please state your preferences and your experiences with both approaches.

This is the place to discuss limitations on gifts to officials and employees, and their family members. Probably no other aspect of ethics codes has so many different solutions. Please share your thoughts about and experiences with various attempts at solving this basic problem, and suggest language that you feel works well.

This is the place to discuss recusal, that is, withdrawal from participation when there appears to be a conflict of interest. Also see Transactional Disclosure, in the "Disclosure" section, where this issue will also be discussed.

This is the place to discuss the special situation of legislators who are employed by the city, or have members of their household who are employed by the city, and how to handle this conflict.

This is the place to discuss what a conflict of interest is, and how close or what type of a relationship an official or employee must have with an individual or entity that has an interest, for that interest to be seen as conflicting with that official or employee's obligations to the public interest.

This is also the place to discuss certain conflict provisions missing from this code (such as outside employment), which are discussed in the comments to this subsection.

In detailing aspirational ethics -- that is, ethical conduct that will not be enforced by the Ethics Commission -- this Model Code goes a step beyond a declaration of policy and purpose. It includes the full text of the American Society for Public Administration's aspirational ethics code. Below is the ASPA Code and introductory comments about its inclusion in the Model Code.

Please comment on the value of including this aspirational code in an ethics code, and share any experience you have had with aspirational ethics codes.