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NCJ Number: 185588 Find in a Library
Title: Ethics Enforcement: The New York City Experience (From Government Ethics and Law Enforcement: Toward Global Guidelines, P 123-138, 2000, Yassin El-Ayouty, Kevin J. Ford, et al., eds.)
Author(s): Joan R. Salzman
Date Published: 2000
Page Count: 16
Sponsoring Agency: Praeger Publishers
Westport, CT 06881
Sale Source: Praeger Publishers
88 Post Road West
Westport, CT 06881
United States of America
Publisher: http://www.praeger.com 
Type: Collected Work
Format: Book (Hardbound)
Language: English
Country: United States of America
Annotation: Recognizing that some breaches of the public trust can best be accomplished by local government ethics agencies equipped to enforce civil penalties, the author proposes the New York City ethics enforcement experience as a case study that may be useful to other governments considering new ethics laws or reconsidering ways of enforcing current laws.
Abstract: Any good ethics enforcement program has certain features--fairness, effective penalties, some type of confidentiality prior to final decision, means of publishing final findings of conflict of interest--so particular cases can be used for educational purposes and appellate review. The New York City model presupposes certain fundamental indexes of fairness in the legal process, such as due process of law, meaning a full and fair opportunity to be heard in an administrative court that is not biased, and confidential proceedings until a finding of conflict of interest is made by the body charged with enforcing the ethics laws. Confidentiality provisions in enforcement proceedings recognize the tension between the interest of the party charged with unethical conduct in preserving his or her reputation and the right of the public to know, once charges are proved, when officials act in a corrupt way. In addition, the New York City enforcement process requires publication of case results where findings of conflict of interest are made. The enforcement program also includes monetary and other penalties designed to deter future misconduct. Functions of New York City's Conflicts of Interest Board are noted, along with examples of ethics code violations. Ethics enforcement procedures and available penalties are described. The ethics enforcement process in New York City is outlined in an appendix. 6 notes
Main Term(s): Courts
Index Term(s): Conflict of interest; Constitutional Rights/Civil Liberties; Corruption of public officials; Local government; New York; Professional conduct and ethics; Professional misconduct; Right to Due Process; White collar crime
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=185588

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