RSSOpenness must be watchword for council's code of ethics
Yakima Herald-Republic editorial board
E-mail
Print
Comments
More 'Opinion'
- Overdose immunity bill could cost lives
- Special session? Hasn't Legislature done enough damage?
- State employee raises are on taxpayers' dime
- Court can send clear message on public access to public records
- Good move by lawmakers to limit outings by mental patients
- Are we courting another 'love letter'?
- Forecast: Another year of unbridled gang violence
This editorial appears in the Aug. 20, 2009, Yakima Herald-Republic.
Keeping the process as open and transparent as possible must be the ultimate goal for the Yakima City Council in its pursuit of a workable code of ethics. Anything short of that would surely not sit well with the public.
However, a subcommittee of council members has recently discovered reaching that goal may be harder than first anticipated.
Cities in this state that have developed codes of ethics provide a wide range of approaches to such thorny issues as how to handle frivolous complaints and what to do when council members violate the code. Despite these varied approaches, the public remains an integral part of the process, having access to hearings and written documents.
Typically a city council will appoint an ethics board, either made up of council members or of residents, that will determine the validity of written accusations brought against a council member. We prefer a committee composed of residents appointed by the council. A three-member board with an alternate seems sensible.
Some cities have developed a very sophisticated series of steps in order to preserve a council member's reputation from unfounded accusations. That's certainly understandable. As the adage goes, it's difficult to unring the bell.
Accusations are taken seriously, but so should the requirements for the accuser. That's why some cities require written and signed accusations with supporting evidence. These accusations also must focus on a specific violation and will often deal with conflicts of interest -- ranging from a council member using his or her office for personal gain to family members receiving financial benefits from a council member's action.
The ethics board will then study the accusation and determine whether it has merit.
A deadline is often spelled out for the ethics board to act. The ethics board then can decide the accusation is baseless, filing a written report and informing both the accused and the accuser of its decision.
Or the board can conclude the charges have merit and recommend the council proceed with a public hearing.
In some cities, further investigations can become very complicated and time-consuming, involving even a request for subpoena powers.
Council members who are eventually proven to have violated the code of ethics may face a range of consequences, from a nonpublic rebuke to formal censure by the council and even criminal action through the courts.
Yes, these are complicated matters.
One of the issues worrying the council's subcommittee has been the question of frivolous complaints and how to protect a council member's reputation from false and scurrilous accusations.
We believe this can be handled properly, preserving the anonymity of the accuser and the reputation of a council member while at the same time maintaining public access.
This initial stage when accusations are brought forward, as noted in the state's open meetings act, does allow for limited closed-door sessions whenever complaints are being raised. However, final action still must be conducted in public.
If the ethics board believes there is merit to the allegations, the issue of access becomes moot since all proceedings and documents will then become open to the public.
Even in the case of an allegation that is found baseless, the board still needs to produce a public finding and must meet in an open session to vote on its decision.
It would also be wise for the Yakima City Council to make the ethics board's decisions final and not subject to appeal. This would further remove the City Council from tinkering with a system that should ultimately bring a higher measure of transparency to city government.
* Members of the Yakima Herald-Republic editorial board are Michael Shepard, Bob Crider, Spencer Hatton and Karen Troianello.
"Typically a city council will appoint an ethics board, either made up of council members or of residents, that will determine the validity of written accusations brought against a council member. We prefer a committee composed of residents appointed by the council. A three-member board with an alternate seems sensible."
Mark my words, this is a sham made by an attorney for attornies. It has potential to be a good thing, but it has greater potential to turn into a legal "mud bog" that will tie hands of council from making progress.
**correction- "attorney's"
Report ViolationThe only way this "will tie the hands of the council from making progress" is if the Board finds that an ethics complaint has merit. Hopefully, the completed policy and process will discourage unethical behavior and thus we will have a council that spends it's time doing the peoples business in an ethical manner.
It seems to me that choosing the members of the Board could be a bit tricky as well. I vote for jlang.
Why not appoint the some of the largest fruit processors and orchardists to the board so that they can make decisions on behalf of their friends in a more direct "hands on" manner?
Report ViolationI see Yakima slowly and painfully breaking away from the good 'ol boys that have stunted the growth of Yakima by maintaining it as an agricultural city instead of allowing it to become anything else. I would be concerned like CV is saying that whomever is on the board their personal interpretation of a violation could easily manipulate the council in their decision making process, especially if a non-appeal able violation is a CRIME, which is absolutely ridiculous. This is how it would "tie the hands of the council from making progress"
Report ViolationThis is just an invitation for people like Ron Bonlender to file politically motivated frivolous lawsuits.
Report Violationsjuan, you forgot to add his monkey of an attorney Tim Schoenrock that files on his behalf
Report Violation
Posting Guidelines - Updated Aug. 21 2009
Readers are encouraged to use these forums to discuss issues affecting the
Yakima Valley. Debate the ideas presented in stories and other comments, but
refrain from personal attacks and offensive remarks aimed at others; e.g.,
you may call an idea idiotic, but don't say the person is an idiot. The
Herald-Republic reserves the right to remove any comment for any reason.
Examples include material that is obscene, encourages illegal activity or
stereotypes based on race, gender, sexual orientation, religious beliefs and
other factors. Continued violation of these guidelines can lead to
suspension or revocation of your ability to post comments. If you believe a
comment is inappropriate, you can bring it to our attention by clicking the
"report violation" link by each comment. Guidelines revised Aug. 21, 2009.
Registered User?
