A few Edgewater incidents and the Mayor’s bike trip in Europe have inspired the City Ethics Board to start making changes to their ethics law. Many of you know I sent an open letter to the Ethics Board about the state of ethics in the City of Madison. And, I got some results! Hey, you gotta celebrate the small victories. And hopefully they make some difference!
There were three changes to the Ethics Ordinance that were proposed at the Ethics Committee and all three passed unanimously. Plus they gave the Mayor an advisory opinion that he could not raise money for the Center for New Urbanism (CNU) under current law, but could if the council passes one of the changes and then authorizes the fundraising. I’ll bog about the second part later. Here’s the two successes!
DISCLOSURE OF CONFLICTS AT MEETINGS
Mike Verveer moved approval of an ordinance that he drafted that would require an agenda item on every agenda that would require people to disclose any conflicts of interest. Here’s the drafter’s analysis:
DRAFTER’S ANALYSIS: Under Sec. 3.35(5)(f), MGO, of the City’s Ethics Code, members of boards, commissions or committees (sub-units) of the City are required to make certain disclosures or abstain and not participate in certain matters. These involve situations of potential conflicts or other relationships that create a conflict of interest or would “reasonably be expected to impair her or his independence of judgment.”
This ordinance would require that the agenda for all sub-units include a separate item for “Disclosures and Recusals.” Member would, at that time, make any necessary disclosures or recusals in compliance with the Ethics Code.
And the ordinance language:
“(f) Disclosures and Recusals. Every sub-unit shall include an agenda item related to disclosures or recusals under the City’s Ethics Code, Sec. 3.35(5)(f), MGO. Members of the sub-unit shall, at the time such agenda item is taken up, state any matters on the agenda for which they will abstain, or for which they believe a disclosure is required under the Ethics Code.”
Verveer explains that the Konkel letter brought up that there was a perceived or real conflict of interests that have not been disclosed and that it came to hisr attention with the Edgewater hotel development, so they thought it would be a good idea to require for agendas of boards committees and commissions to have a specific section on the agenda as a reminder to disclose or recuse themselves. Verveer asked for it to be drafted, he thinks it mirrors what they agreed was a good idea.
Carol Weidel asks if the language would clarify that people have to make the disclosure at each meeting, that they can’t just make it once.
They agree that the language would do that.
Michael Jacob asks if they would bring it up at that agenda item and again when the item appears on the agenda. Or do they just abstain or step away from the tale when the item comes up.
Steve Brist says that is a good question, he thinks they would make the disclosure when the agenda calls for it, and they won’t have to do it twice.
Jacob confirms that at the point on the agenda everyone with any disclosure or issues would do so at that time, then when recusing self they would step away.
The item passes unanimously.
PROCESS FOR THIRD PARTIES TO PAY ELECTED OFFICIAL/STAFF/COMMITTEE MEMBER EXPENSES
Verveer says that, also thanks to the Konkel letter, there were some concerns about 3rd parties paying for expenses by an incumbent. He moves approval of his ordinance change. Here’s the drafter’s analysis:
DRAFTER’S ANALYSIS: The Ethics Code allows third parties to pay for expenses incurred by an incumbent, but sets out no procedure for such payment, and only requires that the expenses be primarily for the benefit of the City and not the individual benefit of the incumbent. This ordinance establishes such procedures and requires that the expenses be allowable under existing City policies. Such expenses shall be submitted to the Comptroller along with the contact person for the third party who agreed to pay the expenses. After the Comptroller determines which expenses are reimbursable, the Comptroller shall reimburse the incumbent and then obtain payment from the third party for reimbursement of the allowable costs.
And here’s the ordinance language:
If a third party, other than the City, is authorized to pay for any expenses, including food, travel or lodging, incurred by any incumbent under this subsection, such reimbursement shall be made through the City Comptroller. The incumbent shall submit the expenses for which reimbursement is sought to the Comptroller, together with the contact person for the third party who agreed to pay those expenses. The Comptroller shall determine which expenses are reimbursable pursuant to City policy, and shall reimburse the incumbent for those expenses, and then obtain payment from the third party to the City for those expenses.
Verveer says they talked about this at their last meeting and you can read about it in the minutes we just approved, this was about the recent bike trip to Europe that City and County officials took. This was a good idea.
Brist says this is consistent with the way the state handles it. For instance, if a legislator teaches for a certain national organization, they only get their per diem and the third party pays that amount to the state.
Passes unanimously.
STAY TUNED
More work in progress . . . hopefully more success on the way!
