Draft ethics policy draws concerns

A first draft of a new ethics policy

for city staff and elected officials was met with critical

questions by concerned members of the Whitefish City Council during

it’s Jan. 3 meeting.

Whitefish became the first city in the

Flathead to adopt an ethics policy in December 1997 after

then-councilor Jan Metzmaker expressed concerns about

behind-the-scenes talks between some councilors and the Iron Horse

subdivision developers. The policy was revised five months later to

accommodate donations to nonprofits but hasn’t been revised — or

implemented — since then.

An ad hoc committee tasked with

drafting a new ethics policy was formed in July after several

citizens suggested some councilors were being influenced by their

supporters in the 2009 municipal election.

Committee member and attorney John

Lacey said the ad hoc committee took input from councilors,

attorneys and citizens and reviewed ethics policies in other small

towns. Parts of the draft came from Bozeman’s ethics policy, but he

emphasized that the proposed policy focuses on process, not

substantive changes.

“It doesn’t set policy — it implements

it,” he said.

The 11-page document establishes a new

three-member board that could handle complaints, conduct hearings

and determine how to proceed. The council could use the board’s

recommendations in deciding whether to impose sanctions. Lacey said

the existing policy is “very narrow” and the committee opted to

expand the scope to city staff.

Councilor Turner Askew said the draft

policy looked “substantially different than before,” and he

expressed concerns about “unintended consequences.” He said he felt

lucky the new policy wasn’t in place earlier or his wife wouldn’t

have been allowed to give him a present for Christmas.

Councilor Phil Mitchell also had

issues. He said his definition of “morally” and “honestly” might be

very different than what the committee intended in the draft

policy, and he took exception to comparing Whitefish with

Bozeman.

“They have five people on their legal

staff,” he said

Mitchell said he spent some time

looking at ethics policies of cities closer in size to Whitefish

and received calls from union members and city staff.

Lacey said the committee tried to

preserve as much as possible from the original policy, and the goal

was not to address specific problems but to put a process in

place.

“We need to say we care about these

things,” he told the council.

Mayor Mike Jenson recommended the

council direct staff to review the draft policy, including city

attorney Mark VanBuskirk, and then bring it back to the city

council for a work session. His suggestion was met with unanimous

approval.