Ethics Codes

Update: June 18, 2010 (see below)

In a memo dated June 14, 2010 (attached; see below), the Broward County (FL) county attorney told the county commission that lobbying provisions in the county ethics commission's proposed ethics code are unconstitutional and,...

What responsibility does a supervisor have for the unethical conduct of a subordinate? This issue arises in a matter in Winn Parish, Louisiana where, according to an article on myarklamiss.com, based on a channel 10 newscast (accessible on the same page as the article), a former chief deputy sheriff is being investigated by the state ethics board for apparently having used deputies to collect rent for properties he...

As serious as the appearance of impropriety that arises from the council member's family firm seeking TIF money and a tax abatement from the city is the fact that any developer or member of a developer's family sitting on a city council faces not just the occasional ethical controversy, as has been the case in this situation. Such an individual faces an ongoing series of possible conflicts, most of which do not lead to complaints, requests for advisory opinions, or controversies.

The family firm's $100 million development takes this matter beyond ordinary conflicts, due to state and local laws on officials entering into public contracts with their city. What makes this issue far more serious than an ordinary conflict, which can be dealt with responsibly through recusal, is that both state and local law require the official to choose between his government position and an interest in a public contract. It is this far more drastic remedy that has recently escalated...

Indefinite benefits, like indirect benefits, are often not dealt with by ethics codes, and this means that they can cause confusion and controversy. This is one reason I tend to speak in terms of "possible conflicts," because possible conflicts based on indefinite benefits can be just as injurious to the public trust as certain conflicts based on certain benefits.

In the current situation in Cincinnati, it is not certain whether the streetcar project will benefit the council member...

A government official's relationships -- to family, employer, business -- are very important to determining whether conflicts exist. Both the type and the directness of each relationship are also important.

Here again are the basic facts of the situation in Cincinnati that I will be using to touch on a variety of issues (see the previous blog post for a list...