2014_0212_Ethics Packet - Laserfiche WebLink

Home

Regular City Council Meeting Monday, January 06, 2014 Page 10 Ciry Attorney Bartholdi advised that his office would be in discussion with the Ethics Commission. Chair Fjelstad advised that the Commission had also held conversations about how best to change the process if the complaint concerned the Ciry Manager, City Council or Mayor; opining that the current process was not as clear as it could be. Chair Fjelstad advised that the Commission's intent was to ask Interim Ciry Man- ager Trudgeon to set up another discussion about the process; and how to address dismissal or withdrawal of a case, since current language did not allow a case to be withdrawn or define a clear process to follow if doing so. Mayor Roe opined that this discussion made perfect sense given the withdrawal of the previous case. Councilmember Willmus concurred, opining that it made sense at that time, and still does. Vice Chair Lehman questioned how the Ciry Council envisioned a process if the complaint was made against the entire City Council, since they were the ultimate decision-makers; and how the Ethics Commission should establish their discus- sions. Mayor Roe responded that, as part of the process, ethics investigations against elected officials or elected bodies, subsequently enforced by the body itself, with those being held to the standard are the actual deciders of the sanctions. Mayor Roe further noted that part of the reason may not be bad, with political ramifica- tions serving as the backstop for the process with elected officials, individual Councilmembers or the City Manager; but supported having further discussion. Councilmember Etten spoke in support of discussions tonight retaining more strength to the Ethics Commission with the current higher standard of proof ver- sus a reduced standard. Councilmember Laliberte concurred, opining that if clear and convincing evi- dence standards were maintained, if provided less wiggle room for the group as a whole if it reaches that level. Having not been on the City Council that the time the previous formal complaint came forward, Councilmember Laliberte sought clarification on the final action, with Mayor Roe advising that the City Council took action to dismiss the complaint. At the request of Councilmember Laliberte, Vice Chair Lehman confirmed that, in hindsight, the process needed additional work from the perspective of the Commission.