HomeEssential Ethics / July, 9 2024

Essential Ethics

July, 9 2024

Latest Developments:

  • SCOTUS Rules that Corruption Law Allows Gifts to State and Local Officials: In a 6-3 ruling that reversed the conviction of an Indiana mayor who had accepted payment from a contractor with business before the city, the Court differentiated between bribes that could influence an official action and gratuities given to public officials after the official action had been completed. The Court noted that “American law generally treats bribes as inherently corrupt and unlawful,” but it then held that treatment of gratuities is more “nuanced” and should be left to local legislation, such that the federal statute under which the mayor was prosecuted was found to apply only to bribes. Justice Jackson filed a dissent in which Justices Sotomayor and Kagan joined.
  • Vermont Passes Local Ethics Rules: The Vermont Legislature has passed 875, which sets baseline ethics standards for cities, towns, and villages to adopt around conflicts of interest, preferential treatment, gifts, and other potential issues.
  • Changes to Florida Ethics Rules: According to the Miami Herald, new state law in Florida specifies that state and local ethics panels will be allowed to investigate complaints against public officials only if someone with personal knowledge “other than hearsay” is willing to identify themselves by name and file a complaint under oath about suspected wrongdoing. The measure strips local ethics panels’ ability to launch their own investigations into ethics violations and prevents local governments from adopting their own ethics enforcement procedure.
  • Prison Sentence in San Francisco: The San Francisco Chronicle reports that a former San Francisco Department of Building Inspection plan checker was sentenced to a year and a day in prison, plus a $20,000 fine, for taking $15,000 worth of bribes from a local developer in return for expediting building plans.
  • Local Fines for Ethics Violations Totaling $32,500 Imposed: As reported by the LA Ethics Commission, a former senior employee of CBS Broadcasting, Inc., admitted to aiding and abetting the disclosure of confidential City information related to a Los Angeles Police Department complaint and was fined the maximum penalty of $10,000. In addition, Service Workers International Union—United Service Workers West (SEIU) and one of its directors admitted that they failed to comply with the City’s lobbying registration and reporting requirements; SEIU was fined $10,000 and the director was fined $12,500.
  • Chicago City Councilmember Sentenced to 2 Years, Fined $2 Million in Corruption Case: As reported by WTTW, a former Chicago alderman was sentenced to two years in federal prison and fined $2 million, “…a lighter than expected punishment for the man a jury found ran City Hall like a mafia don for decades, shaking down those who needed or desired an official action from their elected leaders.”

In Case You Missed It:

  • Ethics Guidance for Conventions: The U.S. Senate Select Committee on Ethics has issued a Dear Colleague” Letter, and the U.S. House Committee on Ethics has issued a Pink Sheet advisory, reminding Members and staff of the rules applicable to attending events and receiving gifts during the course of the national party conventions.
  • Examination of Campaign Finance in North Carolina: WRAL Capital Broadcasting Co. offers a 3-part series providing a detailed examination of campaign finances in recent North Carolina campaigns.
  • North Dakota Ethics Commission Cannot Enforce Rules: As reported by the North Dakota Monitor, the North Dakota Ethics Commission has seen a rise in campaign-related complaints but lacks tools to address the allegations because the commission has yet to adopt any rules on campaign ethics.
  • Investigation into Use of Campaign Funds for Private Club Membership: The Texas Tribune reports that two Texas members of the U.S. House of Representatives are under investigation for using campaign funds for private club memberships in a potential violation of campaign finance rule.
  • Former Councilmember Charged in 20-Count Felony Theft Scheme:  A former member of the Council of Prince George’s County, Maryland, has been charged in a 20-count felony theft scheme, according to the Washington Post. Authorities say he embezzled at least $130,000 of his campaign funds to pay for personal expenses, including rent, loans, and cosmetic procedures for himself and a close friend.
  • Texas Investigates Lawmaker for Violating his Own Law: According to the Texas Reporter, the Texas Ethics Commission has launched an investigation into whether a former lawmaker violated the revolving door bill he cosponsored by engaging in lobbying activities after leaving office.