Public Ethics Law Flashcards
What are common criminal acts involving public resources?
Embezzlement, larceny, fraud, bribery, perjury, conspiracy, and public ethics violations
What were the circumstances in People v. Howard?
A mayor inappropriately used a city credit card to obtain cash advances to play video poker. Defendant paid the bills, but the City was ultimately liable. The Court upheld the indictment but noted the legislature should review the statute in question.
What are some common topics of ethics laws?
Hiring of relatives, acceptance of gifts, outside employment, use of government property/information, financial disclosures, and political activities
What were the circumstances in Van Itallie v. Franklin Lakes?
An archdiocese sought to sell and develop some of its land, which required a change in zoning ordinance. Plaintiffs alleged two councilmen had conflicting interests due to family members and ownership of land near the development.
How did the court rule in Van Itallie v. Franklin Lakes?
Court held that the councilmen were upfront about their connections to the proposed development and found that the connection was too insufficient to cause undue influence.
What restrictions are placed on public officials following departure from office?
“Revolving door” rules - cannot communicate with former offices on a matter in which the official had direct involvement. Cannot represent someone for a specified period of time to former offices, and cannot attempt to influence former offices on behalf of someone for a specified period of time.
What restrictions are placed upon acceptance of gifts, outside income, and honoraria?
Limits on the value of accepted gifts and the type of gifts.
Outside employment/activities cannot conflict with official duties. Prior approval may be required, and officials cannot teach, speak, or publish for outside compensation if it related to official duties.
What office is responsible for monitoring and enforcement of ethics rules at the federal level?
The Office of Government Ethics
What restrictions are placed on lobbyists and public contractors?
Lobbyists - must register, must file periodic disclosures
Contractors - must follow certain procedures, cannot make misrepresentations or offer kickbacks
