Model Code

This is the place to raise and discuss issues involving the filing of a complaint regarding an alleged violation of the Code, and the ensuing investigation. Possible issues for discussion include who may file a complaint; whether complaints must be sworn; whether an Ethics Commission may file its own complaints; whether it may file a complaint based on others' allegations, anonymous, or not; whether an Ethics Commission may make a settlement with the respondent; reimbursement of respondents' attorney fees; and how to handle complaints based on false statements.

This is the place to comment on and discuss the hearing process for proceedings before the Ethics Commission. The assumption here is that such proceedings are public after a finding of probable cause. The discussion of whether or not they should be public is elsewhere.

214. Public Hearing Process.

1. After a finding of probable cause, the Ethics Commission must hold one or more public hearings, and the first public hearing must commence within thirty days after the finding of probable cause.

This is the place to discuss penalties involving contracts. There are two in the Model Code: automatic voiding of contracts upon a finding of a violation of the Code, and debarment of persons and entities from entering into other contracts with the municipality after violating the Code. Do you think these penalties are too harsh? Are there other appropriate penalties involving contracts? Please share your opinions as well as your experiences with these penalties or experiences where these penalties were not available?

106.

This is the place to share your opinions of and experiences with judicial review of Ethics Commission decisions. For example, who should be able to seek judicial review: complainants, respondents, other interested parties, anyone? Are there situations where judicial review is inappropriate, too expensive (where there is nothing but a reprimand)? Should there be judicial review of alleged procedural irregularities?

216. Judicial Review.

Any person or entity aggrieved by a decision of the Ethics Commission may seek judicial review and relief pursuant to ----- of [state law].

The Model Code makes Ethics Commission investigations confidential. However, upon a finding of probable cause, Ethics Commission proceedings become public. In addition, disclosure statements, advisory opinions, waiver requests, and documents filed in Ethics Commission proceedings are public. Please share your opinions on and experiences with the confidentiality vs public nature of Ethics Commission proceedings and documents. What problems are created by each, and why are each of them important? How does a community balance the two?

217.

This is the place to comment on the penalty provisions of the Model Code, to recommend alternative penalties, to share experiences with various penalties and the lack of certain penalties, and to discuss the advantages and disadvantages of various penalties. For example, please share your experiences with ethics commissions that have the power to suspend or remove employees, as well as with situations where this power is reserved to the legislative body or other individuals or bodies.

This is the place to comment on the Model Code's miscellaneous provisions, and to suggest different language as well as additional provisions.

218. Miscellaneous Provisions.

1. No existing right or remedy may be lost, impaired, or affected by reason of this code. 2.

This is the place to comment on, discuss, and share alternative content and language relating to the declarations of policy that can usually be found at the beginnning of municipal ethics codes. Most declarations are very short and often ignored, since they cannot be enforced. But they are important in showing the community why ethical conduct is more important than just being good and fair.

Below is Robert Wechsler's introduction to the Model Municipal Ethics Code. This is the place to comment on issues raised and positions taken in this introdcution. Introduction Since most cities already have an ethics code, why is there a need for a model code? Because, as Mark Davies has so effectively argued, a poor ethics code, one that seems to be something it is not, is worse than no ethics code at all.

City Ethics' Model Code Project assumes that an ethics code is central to municipal ethics programs. But this raises several issues. How important is an ethics code to an ethics program? Can an effective ethical environment be created without any sort of written ethics code?