I've begun a process of going back through the Model Code, adding
comments, alternative language, and possible additional provisions
inspired by the way various local governments have dealt with the
issues involved. As always, any and all comments are welcome.<br>
<br>
I will report on and link to these changes in this blog. The first
changes and additions are as follows:<br>
<br>
<a href="http://www.cityethics.org/node/479">Click here to read the rest of this blog entry.</a>
<br>
<br>
1. Comment suggesting additional <a href="http://www.cityethics.org/mc/gi/policy#comment-71" target="”_blank”">Declaration
of Policy language</a>, which recognizes some basic facts that underlie
conflicts of interest, but are usually unstated, and often ignored.<br>
<br>
2. Comment suggesting additional <a href="http://www.cityethics.org/mc/ci/misuse#comment-72" target="”_blank”">Misuse of
City Property language</a>, dealing with the misuse of the respect that
accompanies one's position, that is, acting as if one speaks with
authority when such authority has not been given. This is certainly a
stretch of the concept of city property, and this provision can just as
easily appear (and commonly does appear) as a separate conflicts
provision. I included it here because I wanted to emphasize that,
effectively, this is a misuse of property, albeit an abstract sort of
property.<br>
<br>
3. Comment suggesting additional <a href="http://www.cityethics.org/mc/ci/misuse#comment-73" target="”_blank”">Misuse of
City Property language</a>, dealing with the misuse of public
information. This is less abstract, because information usually comes
in the form of documents, paper or electronic, but not as concrete as a
city truck. Too often, officials consider such information to be under
their personal control, but it is public unless an exception has been
made in a state freedom of information law. I think that it is worth
emphasizing that although state law governs this area, it is a local
government ethics matter, as well. I supply two provisions, one that is
positive and aspirational, another that is negative and enforceable.<br>
<br>
4. Addition of a paragraph (4) to the <a href="http://www.cityethics.org/mc/full#TOC53" target="”_blank”">Transactional
Disclosure provision</a>. This new paragraph deals specifically with
the disclosure of interests in contracts, which usually do not go
before town bodies and which have several different stages to consider,
with respect to when disclosure should occur.<br>
<br>
5. Addition of some language at the end of paragraph (5) of the <a href="http://www.cityethics.org/mc/full#TOC81" target="”_blank”">Filing a Complaint;
Investigations provision</a>. The paragraph already required
cooperation with the ethics commission in its investigation. The
additional language emphasizes this by making failure to cooperate a
violation of the code, that is, recognizing this as a conflict of
interest in its own right. I also added a comment which notes that this
language might also be added to the conflicts provisions. <br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
---</p>