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Council to consider code-of-conduct alternatives


Published: Monday, December 17, 2007 10:18 PM EST
Some council members believe recommended changes are too broad

By MIKE VOSS

Contributing Editor

Washington City Council members aren’t sure they need a 14-page code of conduct for city officials, but they do agree some standards of conduct are needed.


In October 1990, the council adopted standards of conduct for city officials. Those standards, contained in a three-page document, primarily focus on ethics requirements. Those requirements, in large part, have been preempted by state law, according to a memorandum from City Manager James C. Smith.

“It would seem appropriate at this point to thoroughly review the 1990 Resolution for needed updates and potential areas where the local standard has been preempted,” Smith wrote. “At the same time the National League of Cities and International City Management Association have recommended a broader code of conduct be adopted by municipalities which supplements ethics statutes with material regarding the role of local officials, relationships between those officials, and processes for facilitating those relationships.”

The 14-page code of conduct submitted to the council for its review is adapted from those models, according to the memorandum.

The three-page standards of conduct adopted in 1990 allows the council to censure one of its members.

The proposed 14-page code of conduct includes procedures for resolving disputes between council members, the council and city manager, the council and mayor and the council and department heads. It also includes procedures for addressing conflicts of interest.

During the council’s Dec. 10 meeting, Councilman Gil Davis suggested the proposed code of conduct may be too broad in its scope for a small city in North Carolina. The new council member suggested the city contact the N.C. League of Municipalities and the Institute of Government at the University of North Carolina at Chapel Hill to determine if they have codes of conduct that may be more appropriate for Washington.


“It’s way to broad for our needs. It covers a lot of things that don’t come up in North Carolina,” Davis said Monday.

The proposed code of conduct addressed items like state governments and local governments borrowing money to balance their budgets, Davis said. North Carolina law requires the state and local governments to balance their budgets, he noted.

“I think we need something that’s more specific to us,” Davis said.

Mayor Pro Tempore Doug Mercer doesn’t like the proposed 14-page code of conduct.

“It’s too long and cumbersome,” Mercer said Monday. “It was obviously written by a lawyer.”

Mercer said he has no problem with updating the standards of conduct the council approved in 1990. He believes a new code of conduct should not be too complicated.

“I think there is probably room for consideration of elements from both of those plans,” Councilman Archie Jennings said Monday.

Jennings said it’s important for council members and city officials to understand how they should work with one another as they conduct city business. For example, Jennings said, information that one council member requests of and receives from a city employee, department head or city manager — in most cases — should be shared with other council members.



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