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Her Honor

Judy Nadler, senior fellow in government ethics at the Markkula Center for Applied Ethics, looks at ethical dilemmas, scandals, and best practices in government.

  •  Candidates Seek To Buy Back Their Internet Names

    Wednesday, Sep. 15, 2010

    Political campaigns are increasingly using the Internet to deliver messages, but not all the Web sites are what they purport to be.

    The New York Times reports that many individuals are snatching up domain names that direct readers to a site that is opposed to the named candidate.

    According to the Coalition Against Domain Name Abuse not all legislators are aware of domain name "cyber squatters" until they try to obtain an Internet address with their name.

    If readers click on, for example, they might assume they will reach the Web site of New Jersey Senator Menendez. In fact, they will be directed to a site belonging to a Republican candiate for senate in Nevada, who uses the site to bash Democrats.

    The Web sites are often purchased to be re-sold to the legitimate name holder, but increasingly these portals are used in for unethical campaigning.

    The Electronic Frontier Foundations says the practice "can be a form of political activism." But when you know that a man in Florida named Joseph Culligan owns more than 500 political domain names, there is cause for concern.

    Virtually all the variations of William J. Clinton were snatched up by Culligan, and Clinton's efforts to sue to "recover" his name were unsuccessful.

    Each individual should take responsibility for his or her reputation. It is difficult to protect your integrity when someone else has appropriated your name.

    Ethical campaigns are built on honesty, trust, and transparency. Tactics such as this take us in the wrong direction.

  •  Cities Struggle With Zoning For Medical Marijuana Dispensaries

    Tuesday, Sep. 14, 2010

    Medical marijuana dispensaries present multiple challenges to cities in California. Since the voters approved leagalizing marijuana in 1996, cities across the state have struggled with political, land use, and law enforcement issues.

    In response to this confusion, the San Diego city council recently voted to create  a special zoning designation for the dispensaries.

    Under the proposal, dispensaries would be allowed in certain industrial and commercial zones where there are no residences. While none could be sited near schools, day care centers, religious institutions, parks and youth centers, there was no exclusion of proximity to colleges and universities. This  is a  provision that could be addressed when a proposed ordinance comes forward later this year.

    Because all cities are struggling with this issue, a piecemeal approach-- where each jurisdiction creates its own rules--could lead to enforcement problems and a concentration  of dispensaries in communities with fewer regulations.

    The siting of medical marijuana dispensaries should be done with cities and counties collaborating on ordinances, and sharing best practices.

  •  New Examples Of Old-Fashioned Nepotism

    Monday, Sep. 13, 2010

    The dictionary defines nepotism as favoritism - such as in an appointment to a job --  based on kinship. This notion has been around for decades, and has created serious ethical  problems in government.

    One new form of nepotism comes not from appointing a family member to a job, but granting a relative a scholarship.

    Two members of the U.S. House of Representatives have recently admitted they awarded scholarships to family members through the Congressional Black Caucus Foundation.

    The non-profit organization has clearly defined parameters for scholarships, including prohibiting  government officials from using the awards to benefit themselves.

    Georgia Congressman Sanford Bishop says he did nothing wrong, insisting that when he made the awards, "there were not very clear guidelines."

    Guidelines aside, public officials should use common sense and know it is unethical to use your official position to benefit family, friends, or business partners.


  •  The Public Official As Private Citizen

    Monday, Sep. 13, 2010

    The mayor is the political leader of a city, and as such sets the tone for the council and community. Perhaps that is why councilmembers in a Minnesota city are voting today on whether to censure Mayor John Brady for a recent drunk driving arrest.

    The author of the resolution says "the actions and arrest of Mayor John Brady brought ridicule and shame to the City of Mankato, and has damaged the credibility of the City of Mankato in its efforts to control alcohol abuse."

    Despite the pending vote, the mayor says he won't resign, and at least one councilmember has said the issue of Brady's tenure is "up to the voters and only the voters."

    This is not the first nor will it be the last time that a public official has been arrested in an action not related to city business.

    It calls to attention the continuing need for serious discourse on the expectations put on public officials when they are acting as private citizens.

  •  Earning An "A" In Town-Gown Relationships

    Friday, Sep. 10, 2010

    In my role mayor of Santa Clara, and now as an employee of Santa Clara University, I have a unique opportunity to see both sides of the "town-gown" relationship.

    An upcoming conference hosted by the City of Riverside and the University of California, Riverside hopes to provide some insights for local officials as well as campus leaders and university staff. The discussion is part of a nationwide effort to bridge the divide between these two groups.

    The meeting, scheduled for October 7 and 8, will offer best practices for effective partnerships, and show how cities/towns and colleges/universities can effectively work together to bring about economic recovery in their communities.


  •  Council Candidates Refuse To Sign Ethics Pledge

    Friday, Sep. 10, 2010

    Two candidates for the San Juan Capistrano city council have decided not to sign a voluntary fair campaign practices pledge.

    This form is given to each candidate running for office in California, a requirement of the California Elections Code. Although violating the principles does not carry any penalty, the code is an affirmation designed to remind candidates to conduct their campaigns in an ethical manner.

    Candidates Jim Reardon and Clint Worthington decided they were "skeptical about the way the pledge reads." They both say they object to signing the document "on principle."

    There is nothing confusing or scary about this pledge. It boils down to the Golden Rule, prohibiting such things as  character defamation or engaging in a "whispering campaign."  It also asks candidates to immediately denounce any unethical behavior by their supporters.

    All the other candidates in the race have signed, but the two holdouts maintain they will run ethical campaigns, even without the promises implied in the pledge.

    The voters should take note. The code was established to remind candidates to conduct themselves with integrity and to allow the voters to hold candidates accountable.

    Campaign behavior is often a harbinger of officeholder behavior. If that proves to be true in this instance, the community should be even more selective at the voting booth.

  •  The Legacy of Mayor Richard M. Daley

    Thursday, Sep. 9, 2010
    In his 21 years as mayor of Chicago, Richard M. Daley's leadership inspired many changes in his city. He has announced his retirement from public office, prompting a reflection on his accomplishments.

    For the last 21 years Richard M. Daley has served as mayor of Chicago. Yesterday he announced he will not run for a seventh term, surprising his staff, his constituents, and all of us who think Daley when we think of the Windy City.

    During my tenure as mayor of Santa Clara I had the opportunity to work with Mayor Daley. He served as president of the U.S. Conference of Mayors, and I was chair of the Energy Committee. Unlike some "big city" mayors who are figureheads on committees, he was deeply  involved in the workings of this national network of mayors.

     Daley had charisma, curiosity, and a can-do attitude. He made leadership look easy. But in his many years as a public servant he took on some of the city's greatest challenges: crime, poverty, a failed school system. Balancing the city budget while protecting essential services, leasing assets such as the city's parking meter system, and attracting both large and small businesses to Chicago are among his many accomplishments.

    In addition to addressing these  "bread and butter" issues, the mayor served as a champion of the arts. In 2004 he opened Millennium Park, a spectacular public-private partnership. Combining stunning architecture and works of art, the park features many amenities such as a theater for music and dance, a state-of-the-art bicycle station, and an ice skating rink.

    For all the amazing things he accomplished as mayor, one of my favorites is his "green roof" initiative. Ten years ago, after Daley and his wife saw rooftops in Europe planted with gardens, the green roof movement in Chicago began. Appropriately, it started  with City Hall, which showcases more than 100 plant species, including native prairie grasses. He also led the city to adopt energy standards for new public buildings, to ensure they could receive  certification from the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) program.

    When he leaves office in seven months his depature will be felt immediately. Fortunately, his legacy will be felt for many years to come.

  •  Lawmakers Find Loophole For Raising Funds

    Tuesday, Sep. 7, 2010

    Keeping a high, positive public profile is a good political strategy for elected officials. Some have great success: they have discovered an easy way to raise and give away money for good causes by setting up charitable foundations.

    In California, a congressman has established the Joe Baca Foundation, giving away everything from free sports clinics to college scholarships and spare boots for firefighters. What makes this foundation different than family foundations? The money comes from large corporations with business before Congress.

    While most companies say the donations are part of a corporate culture to "give back to the community" there is at least one that admitted another purpose. Tom Williams of Duke Energy said "the company participates in lawmakers' charitable events in part to gain access to them and push its agenda."

    With an increasing number of these foundations comes an ethical dilemma: how to separate the private good from the political benefit. As long as reporting loopholes remain, this type of year-round unlimited fundraising gives the impression of "pay-to-play," and is damaging both to the donor and recipient.



  •  School Board Members Not Immune From Prosecution

    Friday, Sep. 3, 2010

    Most school boards fly "under the radar" but in El Paso, Texas, several members have been indicted by the federal government on racketeering charges. They were joined by the mayor of Socorro and a former county judge, proving that no one is above the law when it comes to public corruption.

    The charges,based on the Racketeer Influenced Corruption Law (RICO), involve Access HealthSource. The company provided serevices to several school districts as well as the county of El Paso. The individuals involved are alleged to have sold votes in order to award contracts to Access.

    The 10 who were indicted join a group of school board members,  a county commissioner, and the county chief of staff who previously pleaded guilty.

    This sad news is yet another reminder that all types of public agencies -- especially legislative, judicial, and educational -- must be scrutinized to ensure integrity and ethical decision making.



  •  Are You Ready?

    Thursday, Sep. 2, 2010

    Timing is everything. As a hurricane heads toward the eastern coast of the United States, President Obama has declared September as National Preparedness Month.

    What have we learned in the five years since New Orleans was devastated by Katrina? We know that recovery is a slow and expensive process. It's clear that communication and coordination between many agencies is vital within the first hours and days of the disaster.

    While the news centered around the problems in New Orleans, many smaller cities nearby --such as Biloxi--were crippled as well. And we learned that individuals must be ready to take care of themselves, and not rely on the police, firefighters, or National Guard.

    When the sun is shining and skies are blue, it is easy to put community preparedness on the back burner.

    This month's presidential proclamation should serve as a poignant reminder that protecting our communities should be a priority, not an after thought.

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