First Round of Changes to Model Code Project

I've begun a process of going back through the Model Code, adding comments, alternative language, and possible additional provisions inspired by the way various local governments have dealt with the issues involved. As always, any and all comments are welcome.

I will report on and link to these changes in this blog. The first changes and additions are as follows:

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1. Comment suggesting additional Declaration of Policy language, which recognizes some basic facts that underlie conflicts of interest, but are usually unstated, and often ignored.

2. Comment suggesting additional Misuse of City Property language, dealing with the misuse of the respect that accompanies one's position, that is, acting as if one speaks with authority when such authority has not been given. This is certainly a stretch of the concept of city property, and this provision can just as easily appear (and commonly does appear) as a separate conflicts provision. I included it here because I wanted to emphasize that, effectively, this is a misuse of property, albeit an abstract sort of property.

3. Comment suggesting additional Misuse of City Property language, dealing with the misuse of public information. This is less abstract, because information usually comes in the form of documents, paper or electronic, but not as concrete as a city truck. Too often, officials consider such information to be under their personal control, but it is public unless an exception has been made in a state freedom of information law. I think that it is worth emphasizing that although state law governs this area, it is a local government ethics matter, as well. I supply two provisions, one that is positive and aspirational, another that is negative and enforceable.

4. Addition of a paragraph (4) to the Transactional Disclosure provision. This new paragraph deals specifically with the disclosure of interests in contracts, which usually do not go before town bodies and which have several different stages to consider, with respect to when disclosure should occur.

5. Addition of some language at the end of paragraph (5) of the Filing a Complaint; Investigations provision. The paragraph already required cooperation with the ethics commission in its investigation. The additional language emphasizes this by making failure to cooperate a violation of the code, that is, recognizing this as a conflict of interest in its own right. I also added a comment which notes that this language might also be added to the conflicts provisions. 

Robert Wechsler
Director of Research-Retired, City Ethics

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