04/22/2010 Special Meeting - Laserfiche WebLink

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4. rvu rnemuei ui u ie ccnics Uommission may oe, or nave oeen witnin ine tnree years prior to appointment, an otticiai or employee* of the city; an officer in a political party; an active member of the campaign of a candidate for any office within the Commission's jurisdiction; or a lobbyist. An Ethics Commission member or staff member may not make campaign contribution nor participate in any way in the campaign of a candidate for any office within the commission's jurisdiction, or of an individual currently within the commission's jurisdiction. 3. Of the regular membership of the Board, no more than two may be registered in the same political party, and at least one m st be registered as unaffiliated. The alternate members may not be registered in the same political party. 4. Within sixty days after the effective date of this code, and no later than December 31 each year thereafter, the city's legislati e body will appoint the members of the Ethics Commission from a list of nominees prepared by [five-to-seven community organizations, such as the local branch of the League of Women Voters; see this City Ethics biog post to see how some local governments do this.] Comment: Subsection 1: Five is not a magic number for an eihics commission. In large cities, if there is a lot of activity, it wo d be best to have a larger number of inembers, and then allow, say, five-member panels for proceedings, and three-member pa els for advisory opinions. When there is little activiry, it is often difficult to gei a quorum at ethics commission meetings, so it is be t to keep the number of inembers low. This is especially important since an ethics commission may only act by the majority vote o its total membership, not just those members who attend a meeting. Subsection 2: There are constitutional problems with excluding elected officials from ethics commissions, but it is a terrible ide to have an elected or appointed official on a commission that is supposed to be independent and without its own conflicts of inte st. It undermines the spirit of the ethics code. The restriction on municipal officials and employees, and lobbyists and party officers, serving on ethics commissions seeks to ensure that the board is as free as possible from pressure from other officials, co-workers and superiors alike. Subsection 3: The restriction on the political make-up of the board aims to strengthen both the perception and the reality of a board that is not partisan. Ethics commissions must not become political footballs, because this will undermine trust in them a d cause people not to file complaints or seek advisory opinions, nor to have faith in their determinations. For the same reason, t is code restricts the political activities of ethics commission members. Subsection 4: The idea of having one or more nonpartisan civic organizations select a city's ethics commission is unusual, but there are no better alternatives to preventing an ethics commission from being (and appearing) political or to ensuring that eit er party cannot block a member of its party from being disciplined or from getting no more than a reprimand. Another alternative s to require that each member be selected by unanimous vote of the legislative body, but this woutd still allow the parties to trade votes and make the same selections the two party committees would have made (or in fact did make). An ethics commission should be as nonpartisan, and without its own conflicts, as possible, and answerable to no one. Only a nonpartisan body can ensure this, at least on a city level (that is, without having a regional or state commission handle city ethics matters; see the n xt comment for more on this). In any event, instead of politicians (or even nonpartisan civic organizations) selecting only peopie hey know, a vacancy on an ethics commission should be widely publicized, and citizens who are not politically involved should be encouraged to apply. Smaller municipalities may choose to form joint or regional ethics commissions. Since, in towns, most politically active reside s have personal biases and relationships with those most likely to be brought before an ethics commission, a regional ethics commission can provide a truly neutral, independent solution. The decisions of a regional ethics commission will demand mu more respect and make people more certain that ethical matters are not being decided based on local loyaities. In addition, to ns lack the resources to educate ethics commission members pursuant to 211, and they have too few matters brought before th m to allow members to gain the necessary experience. Another alternative, which several states employ, is to have a state ethics commission deal with municipal as well as state matters (the commission can be the same one, or a separate one that focuse on municipal matters, but has access to the same staff expertise). I would like to hear people's feelings about regional and state ethics commissions, as well as their experiences with them. 5. The term of office of Ethics Commission members is three years and runs ftom January 1 through December 31, except th t, of the regular members first appointed, one member will serve until December 31 of the year in which the Board is established, o regular members and one alternate member will serve until the second December 31, and two regular members and one alte nate member will serve until the third December 31. 6. An Ethics Commission member wiil serve until his or her successor has been appointed, in the same manner as the origin I appointments. Consecutive service on the Ethics Commission may not exceed two full terms, except that a one-term alternat member may thereafter serve two terms as a regular member, and a two-term alternate member may thereafter serve one te m as a regular member. 7. Members of the Ethics Commission will not receive compensation but will be reimbursed for reasonable expenses incurred in the performance of their official duties. 8. The unexcused absence of any member from three consecutive meetings, unless the Ethics Commission has excused the absence for good and sufficient reason, shall constitute a resignation. Comment: Subsection 5: The terms of office of inembers shouid be staggered, to provide continuity in the work and philosop y of the board. Municipalities may wish to increase or decrease the length of the term of office or establish a different year of servi e than the calendar year. However, terms of office should be sufficiently long to ensure that the members acquire expertise, bu not so long as to discourage people from serving on the commission. In addition, ethics commission members should not be allo ed to become entrenched on the commission; the model law therefore contains a term limitation. However, interested, experienc d members may return to the commission after a term off. 204. Ethics Commission: Vacancies. To discuss the establishment and role of ethics commissions, click here. When a vacancy occurs in the membership of the Ethics Commission, the vacancy will, within sixty days, be filled for the unexpired portion of the term in the same manner as regular appointments. Any person appointed to fill a vacancy on the Commission must meet the qualifications and limitations set forth in 203 of this code. 205. Ethics Commission: Removal of Members. To discuss the establishment and role of ethics commissions, click here. An Ethics Commission member may be removed from office by at least a three-fourths majority of the legislative body, after written notice, including a clear statement of the grounds for removal, and opportunity for reply, at least thirty days before vc on removal. The only grounds for removal are failure to meet the qualifications or limitations set forth in 203 of this code, 49