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Enforcement/Penalties

Broad Responsibility for Ethical Misconduct

Friday, December 18th, 2015
Robert Wechsler
A couple of weeks ago, in a City and State column, veteran NYC reporter Wayne Barrett hit the nail on the head regarding the responsibility for failures to deal responsibly with conflicts of interest, specifically with respect to the conviction of former state assembly speaker Sheldon Silver, a Democrat:

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Lobbyist Miscellany

Friday, October 16th, 2015
Robert Wechsler
Lobbyist Extortion
According to an article yesterday on Columbus, Ohio's NBC 4 website, a lobbyist for a red-light camera company pleaded guilty to charges that he solicited campaign contributions for elected city officials from his client by creating the impression that the money was needed to bribe the city officials. The lobbyist had helped the company win the city contract...

Fraud and Ethics Enforcement

Thursday, October 15th, 2015
Robert Wechsler

Criminal enforcement of ethics violations usually involves fraud, and less so honest services fraud (which was essentially misuse of office) now that it has been essentially limited to bribery. And yet ethics enforcement rarely involves fraud, because ethics codes do not have fraud provisions. This is pretty strange, when you think about it:  the same misconduct being treated as apples and oranges.

Can local government ethics commissions enforce against fraud even without fraud-...

Summer Reading: Eula Biss's "On Immunity"

Thursday, August 27th, 2015
Robert Wechsler
Eula Biss's excellent book On Immunity (Graywolf Press, 2014) is not about legislative immunity, but about immunity to diseases. And yet there is a great deal of food for thought in it about municipal ethics.

The first parallel can be seen in the "mun" in both "immunity" and "municipal." It comes from the same Latin word "munus," which means service or duty. Who knew that...

A Critique of New Orleans' Ethics Program

Wednesday, July 15th, 2015
Robert Wechsler
David A. Marcello, the Executive Director of the Public Law Center at Tulane University Law School in New Orleans, has been keeping close tabs on New Orleans' troubled ethics program. In 2011, he published a report on how Hurricane Katrina (2005) led New Orleans' officials to turn a moribund ethics program into one...

Summer Reading: Jonathan Rauch on the Positives of Machines

Wednesday, June 24th, 2015
Robert Wechsler

Last month, Jonathan Rauch published a sincere and well-written defense of political machines, entitled "Political Realism: How Hacks, Machines, Big Money, and Back-Room Deals Can Strengthen American Democracy" (Brooking Institution Press; available free as a PDF or e-book). Although the essay scarcely mentions conflicts of interest, gifts, nepotism, and the like, and it makes no mention at all of conflicts of...

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