From the Yakima Herald-Republic Online News.


Posted on Friday, July 31, 2009

Yakima council must adopt ethics code sooner, not later

Yakima Herald-Republic

For the city of Yakima, it's not a question of whether the council should adopt a code of ethics, but when.

We find it hard to believe that a city the size of Yakima doesn't already have one. Much smaller cities have done so. With the City Council responsible for a general fund budget of $61 million and the welfare of 85,000 residents, we expect its members to consider this matter seriously.

We fear, though, this may not happen.

Early indications reveal an uneasiness among several council members about adopting a code of ethics. During Tuesday's study session, newly appointed councilwoman Maureen Adkison wondered what the fuss was all about while fellow councilwoman Kathy Coffey voiced concerns about creating a cumbersome code that simply duplicates existing rules governing such matters as conflicts of interest.

Councilman Bill Lover went so far as to question how the council would actually define the term "ethics."

"I don't mind ethics but I want them to be true ethics," he declared.

If this is the level of enlightened discourse that's going to frame Yakima's future code of ethics, we are in trouble.

Crafting a guide for acceptable conduct of elected officials doesn't require an advanced degree in philosophy. Private businesses have created codes for decades. Even federal legislation requires any publicly held corporation to develop a code of ethics that discourages wrongdoing and promotes honesty and fairness. State and city governments have developed them, so too have city-appointed commissions and boards.

Most often cited as an example of what a code of ethics should look like is one adopted by the city of Richland. Its code of ethics covers seven pages and sets down a detailed guide for conduct -- from members acting with decorum as representatives of the city to rigid prohibitions against using the elective office for personal gain or privilege.

If a complaint is brought against a council member, the issue then goes to an ethics board made up of several council members. Evidence is gathered, witnesses are interviewed under oath and public hearings are held. Those elected officials who end up violating the code could face misdemeanor charges. Other violations can lead to suspension, removal from office or a court judgment requiring monetary restitution.

There's also a provision to deal with frivolous claims that are filed by someone who knowingly makes false charges. In this case, that person could be required to pay attorney's fees and other costs.

When councilwoman Sonia Rodriguez recently suggested fellow members should consider adopting a code of ethics like Richland's, she said it would help to instill confidence in the council's actions. She had good reason to be worried.

This spring the City Council struggled through a particularly embarrassing situation where four members were accused of violating the state open-meetings law by arranging votes in secret on a new budget policy. That led to a lawsuit and an out-of-court settlement. The cash payout skirted a final resolution over whether violations had indeed occurred.

We believe they had.

We also believe the City Council is capable of drafting a code of ethics that will restore confidence in how its members conduct the city's business. The council may well choose a system that doesn't rely on "self policing" of its members but rather sets up a citizens' board to investigate possible violations.

Whatever the outcome, the council needs to come away with some form of an ethical code. It's the right thing to do and it's the right time to do it.

 

* Members of the Yakima Herald-Republic editorial board are Michael Shepard, Bob Crider, Spencer Hatton and Karen Troianello.