What Is Free Speech?
In <a href="http://www.nytimes.com/2011/04/21/opinion/l21elect.html?_r=1&ref=opinio…; target="”_blank”">a
letter
to the editor in yesterday's New York <i>Times</i></a>, two lawyers who
represent clients seeking to gut Arizona's Citizens Clean Elections
public campaign financing program end by calling Arizona's program "a
vision of unconstitutional
dystopia, not free speech."<br>
A Conflict Regarding Conflicts
Here's a situation from Lafayette Parish, a city of 220,000 in
south-central Louisiana, which shows how when one official fails to
deal responsibly with his conflicts, he is likely to be complicit in helping other
officials deal irresponsibly with their conflicts and with those of their colleagues. When this official is a
government attorney, it can cause an entire board or agency to deal irresponsibly
with a conflict.<br>
<br>
Three Preventative Approaches to the Legislative Immunity Defense
I've written many blog posts about various cases where the legislative
immunity defense has been made, but I haven't pulled together in one
post the
three alternative, preventative approaches local governments can take
to deal with the issue of legislative
immunity before anyone raises it as a defense. It is far better, and
far less expensive, to prevent local
legislators from raising the defense of legislative immunity than it is
to litigate this complex issue. It is also damaging to the public trust
A Miscellany
<b>Wow! Get a Load of Those Salaries!</b><br>
It's official. People get more upset over big salaries to government
officials than over bribes, kickbacks, unbid contracts, and the like,
which cost taxpayers far, far more.<br>
<br>
A City Commissioner's Criminal Circus, and The Choice Confronting Her
I wish that a grad student somewhere would decide to do an exhaustive
study of a poor ethics environment. Broward County, Florida would not
be a bad choice as the subject of her research.<br>
<br>
According to <a href="http://www.miamiherald.com/2011/04/13/v-fullstory/2166137/longtime-deer…; target="”_blank”">an
article in the Miami <i>Herald</i> this week</a>, a Deerfield Beach
Government Attorney Advice and the Attorney-Client Privilege
In <a href="http://www.cityethics.org/node/1478" target="”_blank”">my last post</a>, I dealt with the many arguments against application of
the attorney-client privilege in the context of an inspector general,
or ethics commission, investigation of official misconduct. One thing I
did not do was respond to the general argument in favor of
attorney-client privilege.<br>
<br>
The Government Attorney-Client Privilege in a Local Government Investigatory Context
Is the attorney-client privilege, in the context of an inspector
general's (or, for that a matter, an ethics commission's) investigation
of misconduct in city government,
"sacred," as Chicago's corporation counsel insists? Is it even
appropriate?<br>
<br>
This is a long post that will be fascinating to many, will raise hackles in some, but will be of less
interest to others. If you want to cut to the chase, read the summary
paragraph at the end and move on.<br>
<br>
Bellevue Council Can't Get a Grip on an Ethics Investigation
When there is no formal process for dealing with a council member's conflict of interest, and the council handles the matter itself,
things can get farcical. This is what is
happening in <a href="http://en.wikipedia.org/wiki/Bellevue,_Washington" target="”_blank”">Bellevue, WA</a>.
This wealthy suburb of Seattle, with a population of 120,000, has an
ethics code for employees, but with no independent enforcement. Its
Why Strict Time Periods Are Problematic
When there is a time period in an ethics code investigation or hearing
provision, there is always the question: What happens if some
event does not take place within the designated time period? Does that
mean that the complaint is automatically dismissed?<br>
<br>
This issue arises due to a Pennsylvania Commonwealth Court (an
Financial Disclosure Requirements Are Minimal
<b>Update: May 14, 2011</b> (see below)<br>
<br>
An ethics controversy in Hartford presents a perfect opportunity to
show the difference between ethics and law, and the right way to
approach financial disclosure requirements.<br>
<br>
Here are the facts, as reported in two Jon Lender columns in the