Council adopts ethics code

The city council unanimously approved the adoption of an ethics code Tuesday that all current and newly elected council members must adhere to during their time in office.

A Phoenix attorney hired to investigate complaints of misconduct against a former council member suggested the creation of the code more than a year ago. Mayor Christian Price formed a task force in January that hashed out the code’s specifics.

“The citizens have expectations. We have expectations of our fellow council members,” said councilwoman Peggy Chapados after Tuesday’s council meeting. “So going through the process of developing this code was not only necessary, it equates to transparency and accountability.”

The new code lists several disciplinary measures council can enact against a violator. The code states that council would have to vote in an open meeting on whether a violation had occurred and then vote on a recommended sanction. A two-thirds majority is required for both actions.

In a council work session prior to Tuesday’s regular meeting, Councilman Leon Potter suggested raising the required vote to five-sixths.
“I think if it’s something that’s really extreme, it’d probably be unanimous anyway,” Potter said.

The council would be a voting body of six since the violator would not vote.

He added that raising the approval number for passage would allow two council members to block the vote if they believed the sanction set forth against the violator wasn’t justified.

Price responded to Potter’s suggestion by explaining the task force spent a lot of time on the subject of vote counts. He said one problem with Potter’s suggestion is if the violator talks other council members into not showing up to the meeting to cast a vote.

“So how do we ever achieve five-sixths? We can’t,” he said. “So that’s why we stuck with the majority.”

Councilman Bridger Kimball said he liked Price’s analogy but said if a violator can talk council members into not coming to a meeting, he or she could also talk them in voting against the sanctions.

Intergovernmental Government Affairs Paul Jepson said the task force ran through different scenarios and decided the two-thirds option “had the least opportunity for mischief.”

The sanctions listed within the proposed code include a warning, a letter of reprimand, a demand for non-monetary restitution such a public apology and a demand for reimbursement of expenses for investigating the violation.

The council can also choose to take away certain council member privileges such as the power to appoint committee members or use council discretionary funds.

The sanctions fall short of removing a person from office. This power is given to the electorate through a recall election.

Chapados, a member of the task force along with Price and Councilwoman Julia Gusse, was appointed to the council in November 2012 to fill in a vacancy left by former council member Alan Marchione.

To read Chapados’ editorial on the ethics code, click here.

Marchione resigned in October 2012 after facing allegations that included sexual harassment and threatening employees. Phoenix attorney Bill Sims, hired to investigate the complaint, found that Marchione did not sexually harass or threaten employees, but said Marchione was “abrasive.”

The proposed code addresses multiple issues that include transparency, conflicts of interest, appearance of impropriety and courtesy.
All newly elected council members will be required to read and sign the ethics code.

The code outlines a formal process for filing complaints against a council member who violates the code. It states a person should file the complaint with the city manager and city attorney and inform the alleged violator of their intention to file.

Once an investigation into the complaint is completed, it will be presented to council for consideration.

The code states that prior to filing a complaint, the person should, if possible, attempt to resolve the manner with the alleged violator either on his or her own or with the help of a third party.