Complaints/ Investigations/Hearings

One of the biggest differences between unethical conduct and criminal conduct by government officials is the matter of proving intent. For example, a bribe is nothing more than a gift to a government official where it has been proven that the official intentionally took a gift in return for certain conduct. In government ethics, taking a gift beyond a certain value is all that needs to be proven to show misconduct. The official's conduct, beyond accepting the gift, is irrelevant, as is the...

Here's another blog post about a Georgian who wants out of EC jurisdiction.

Some ethics commissions, especially state ethics commissions, have no jurisdiction over officials once they leave office. Especially when ECs require confidentiality regarding complaints until probable cause is found, this lack of jurisdiction allows officials to resign before their unethical conduct becomes public. And it allows officials to evade enforcement.

Government lawyers enjoy exceptions to transparency laws. Should they also be excepted from government ethics laws? Atlanta senior assistant city attorney Robert N. Godfrey thinks so, according to an article in yesterday's Atlanta Journal-Constitution.

Here are two interesting situations where it is not clear what an ethics commission's role and authority are. One in Baltimore, the other in Philadelphia.

Update: March 29, 2010 (see below)

It is a common problem in government ethics to confuse law and ethics. It is a more unusual problem to confuse law and facts. But this appears to be a problem in La Crosse (WI; pop. 51,000), according to an article in yesterday's La Crosse Tribune. But it's not the only problem.

One of the biggest little problems in government ethics is the inability to filter out very minor violations, which can be dealt with either by dismissing the complaint or by requiring, say, an additional training course. It is a waste of limited time and resources to investigate and hold hearings on minor violations. An EC needs to be able to use its judgment to decide when a violation is not worth investigating.

Although it is hard to define what is a minor, or de minimis,...