Subcontractors and Indirect Benefits
Ethics provisions dealing with contracts often ignore
subcontractors. This leaves open a big loophole, through which an
official can get a big piece of a contract by hiding behind a
contractor. This is part of a larger problem: ignoring indirect benefits.<br>
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According to <a href="http://www.stlbeacon.org/?_escaped_fragment_=/content/32605/subcontract…; target="”_blank”">an
An Advisory Opinion Concerning Constituent Services
On August 29, the D.C. Board of Ethics and Government Accountability
issued an advisory opinion on the important and far too overlooked
topic of constituent services (attached; see below). The issuing of
advisory opinions that cover more than a very specific set of facts,
what I call "general advisory opinions," is itself very valuable (see
Should the Josephson Institute's Principles of Public Ethics Be Enforceable Rules?
Should the Josephson Institute's <a href="http://books.google.com/books?id=7_fX6iKfZeMC&printsec=frontcover#v=one…; target="”_blank”">Five
Principles of Public Ethics</a> be enforceable by a local
government? And if not, why not?<br>
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The New ASPA Code of Ethics
It came to my attention in an interview with Professor James
Svara, for a paper I am writing for the journal <i>Public Integrity</i>,
that in March 2013, the American Society for Public
Administration (ASPA) made substantial — sometimes beneficial, sometimes
harmful, sometimes baffling — changes to its Code of Ethics (the
revised code is attached; see below). This post will look at the
changes that involve conflicts of interest.<br>
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Ethics Advice, Power, and Ideology
Within Election Law Center blogger <a href="http://www.electionlawcenter.com/2013/08/16/robert-wechsler-speech-regu…; target="”_blank”">Christian Adams' recent ad hominem attack on me</a> is an idea that is worth
discussing. He said that, in requiring candidate committees to come
to me for permission (what is commonly referred to as "ethics
Nepotism: Definition, Exceptions, Waiver
There are two ways to write a nepotism provision. One is to have a
short, straightforward prohibition, and allow requests for a waiver
under special circumstances. The most frequent circumstance would be
a small town or school system where there are not a lot of prospective employees
to choose from.<br>
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The other way is the one chosen by Louisiana: three pages of
exceptions from the general rule (attached; see below).<br>
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There are two ways to define "family" in terms of a nepotism
Do Gifts Establish Subordination?
Five years ago, I wrote <a href="http://www.cityethics.org/node/569" target="”_blank”">a blog post about gifts
and reciprocity</a>, based on a classic anthropological work, <a href="http://www.amazon.com/Gift-Imagination-Erotic-Life-Property/dp/03947151…; target="”_blank”">Lewis
Local Government Ethics Programs 2.0 [2nd Edition]
The second edition of this comprehensive book about local
government ethics programs. And it's free!
See more details here: <a href="http://www.cityethics.org/ethics%20book"><i><b>Local Government Ethics Programs 2.0,</i></b></a>
Designated Ethics Aides
The idea of a designated driver was a great idea (thank you,
Scandinavia). The idea of the designated hitter was a lousy idea
(yes, I'm a National Leaguer).<br>
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How about a designated ethics aide? A staff member assigned by a
local legislator, or department or agency head, to be her point person on conflicts
of interest is much more like a designated driver than a designated
hitter. Like someone with a few drinks under her belt, an official
in a conflict situation has a blurry vision of her conflicts and
How to Handle Misrepresentations of Ethics Advice
It is very damaging when a government official misrepresents ethics
advice he has been given. What should an ethics officer or
commission do when this happens? In many cases, such advice,
especially when it is provided informally, is confidential. When an
official makes a public statement about such advice, the EC
spokesperson can say nothing but "No comment." This allows the
official to say whatever he likes.<br>
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This situation was answered skillfully by the Massachusetts Ethics