Contract Avoidance Provisions -- Still in Stratford
The situation discussed in the <a href="http://www.cityethics.org/node/600" target="”_blank”">previous blog entry</a> also
provides a good example of why it is important to have a contract
avoidance provision in a local government ethics code. Here is <a href="http://www.cityethics.org/mc/full#TOC58" target="”_blank”">the one in the City
Ethics Model Code</a>:<br>
Complicity Provisions: Dealing Responsibly with Conflicts
How do you deal with a department head who helps creates a conflict of
interest problem that does not apply to him personally? Few ethics
codes contain complicity provisions that deal with this problem. The City
Ethics Model Code <a href="http://www.cityethics.org/mc/full#TOC49" target="”_blank”">complicity provision </a> begins: "No
one may, directly or indirectly, induce, encourage, or aid anyone to
violate any provision of this code...."<br>
Pay-to-Play Scandal Takes Out Bill Richardson
Life would be easier for honest politicians if there could be no
intersection between government contracts and contributions to campaign
and candidate-associated political committees. The possibility of
Commerce Secretary nominee Bill Richardson's involvement in a New Mexico pay-to-play situation has led him to withdraw himself from the
A Suit Against Council Members That Squares the Virtuous Circle of Conflict of Interest and Legislative Immunity
For all you local government legislative immunity fans, here's a case
you'll enjoy (other local government ethics people should find it
interesting, as well). A Virginia state senator has sued members of a
city council for what they did in their legislative capacity, despite
the fact that she knows she herself cannot be sued for what she's done
in her legislative capacity. That's a nice start, isn't it?<br>
Legal Does Not Mean Ethical
Roland Burris's acceptance of Illinois Governor Rod Blagojevich's offer
of Barack Obama's former U.S. Senate seat is based on a willful, self-serving misunderstanding about the difference between
ethics and law.<br>
<br>
Here is what Burris told MSNBC in <a href="http://www.swamppolitics.com/news/politics/blog/2008/12/roland_burris_b…; target="”_blank”">a
Local Government Ethics Audioconference
The International City/County Management Association (the city, county,
and town manager professional organization) is holding <a href="http://icma.org/main/ca.asp?caid=585&hsid=1" target="”_blank”">a 90-minute
audioconference</a> on local government ethics on January 29. I do not
know the details of the program, and I am not endorsing it, but it
sounds like a very inexpensive way for local government managers and
Nevada Legislative Immunity Decision Comes Down -- A Bit Too Far For My Taste
The Nevada legislative immunity opinion has come down. It's in two
parts, searchable, <a href="http://www.northhaveninfo.org/resources/Nevada+decision+1+1208.pdf" target="”_blank”">1</a>
and <a href="http://www.northhaveninfo.org/resources/Nevada+decision+2+1208.pdf" target="”_blank”">2</a>.
Candidate Disclosure in Detroit Becomes a Political Football
What's the best reason for mayoral candidates not to disclose their
finances, monies received directly or indirectly from the city, etc.?
Just ask some of the candidates running to replace disgraced Detroit
Mayor Kwame Kilpatrick. According to <a href="http://www.freep.com/article/20081223/NEWS01/812230348" target="”_blank”">an
The Holiday Spirit and the Spirit of Ethics Laws
It's pop quiz time. Read the following ethics code provision and
hypothetical, and answer the question that follows them.<br>
<br>
<div>No public servant shall solicit or
accept, directly or indirectly, any thing of economic value as a gift
or gratuity from any person or from any officer, director, agent, or
employee of such person, if such public servant knows or reasonably
should know that such person has or is seeking to obtain contractual or
Miami-Dade County's Cone of Silence, Prohibiting Oral Ex Parte Communications re Contracts
While on the topic of ex parte communications, it's a good time to
mention a very special ex parte communications provision, Miami-Dade
County's renowned "code of silence" provision. It's also a good time
because, according to <a href="http://www.miamiherald.com/news/miami-dade/story/806517.html" target="”_blank”">an article in the Miami <span>Herald</a></span>, the provision was