Alternatives to Allowing Conflicted Individuals to Sit on Advisory Boards
Should advisory board and task
force members be excepted from conflict of interest rules? Jurisdictions disagree about this. Some believe that, when a
board has no authority to act or implement, the usual rules should not
apply. The principal argument is that there are times when a government
needs to get people with opposing interests together — such as business
and union interests — in order to hash out community problems. Another
argument is the need for expertise.<br>
<br>
General Advisory Opinions Are Very Useful
A couple of months ago, the Ohio Ethics Commission did something very
wise and valuable: it drafted <a href="http://www.ethics.ohio.gov/Opinions/2010-03.html" target="”_blank”">an advisory
opinion on nepotism rules</a>, gathering information from years of
partial, specific advisory opinions, and providing examples. It even
gives excellent definitions of each of the relevant terms, including
A Council Candidate Says the Right Things About Ethics and Transparency
<a href="http://www.ci.san-marcos.tx.us/index.html">San Marcos</a> (TX)
Council candidate Toby Hooper, in his first public statement as a candidate, said some of the right things about ethics:<br>
<br>
On the role of an ethics
commission (he's a member of the city's ethics review commission):<br>
<br>
Should an Ethics Commission Member Be Affiliated with a Firm That Represents Clients Before It?
<a href="http://www.ajc.com/business/connections-count-at-law-592015.html" target="”_blank”">Last
Saturday's
Atlanta <i>Journal-Constitution</i> ran a long article</a>, "Connections Count
at Law Firm," on the Washington/Atlanta-based law firm <a href="http://www.mckennalong.com/" target="”_blank”">McKenna Long & Aldridge</a>.
A Possible Cause of Action When an Official Retaliates Against a Citizen
What can a citizen do when a local government official falsely impugns
her reputation and retaliates against her due to her opposition to a
matter the official supports? The City Ethics Model Code has<a href="http://www.cityethics.org/content/full-text-model-ethics-code#0.1_TOC50…; target="”_blank”">
a provision that deals with an official falsely impugning a citizen's
An Important Court Decision on Limiting and Banning Campaign Contributions from Restricted Sources
The law on limiting campaign expenditures has been changing over the
past couple of years. But the law on limiting campaign contributions
has not.
The standard in many instances is more liberal than with campaign expenditures, in others it is the
same. And the application of the standard is highly contextual. A law in one jurisdiction, or at a particular time, might be constitutional, while in another jurisdiction, or at a different time, it is not.<br>
<br>
Contribution limits are an important part of government ethics,
Dragging Down the Level of Government Ethics Reform
A new way to obtain ethics reform is making some headway in New York
State. A number of former bigwigs, including former governor Mario
Cuomo, and former NYC mayors Ed Koch and Rudy Giuliani, have created an
organization called <a href="http://www.nyuprising.org">New York
The Fiduciary Duty of an Appointing Official
According to <a href="http://www.nytimes.com/2010/08/17/nyregion/17authorities.html?_r=1&ref=…; target="”_blank”">an
article
in yesterday's New York <i>Times</i></a>, the New York Governor’s Task
Force on Public Authorities Reform has filed its report (not yet
Toward Better Ethics Rules, Training, Oversight, and Enforcement in a Florida School District
I've been writing a lot about the controversies surrounding a new
Broward County (FL) ethics code, but there's also been controversy in
the Broward County School District that is likely to lead to an ethics code of its own (according to <a href="http://www.miamiherald.com/2010/08/14/1775493/focus-on-ethics.html" target="”_blank”">a
Miami
A Limit on the Use of the Legislative Immunity Defense
The defense of legislative immunity is not limited to city councilors and county
commissioners. It also can be used by non-legislative officials acting in a
legislative way. It may be used by planning and
zoning board members and officials, school board members, and a variety
of other officials involved in the creation of legislation or who act in a legislative manner.<br>
<br>
Here's an interesting case of a non-legislative official trying out a
defense of legislative immunity and, fortunately, failing. The official