Ethics code up next for Spokane

Spokane City Council members still have some unfinished business in the wake of this month’s recall of former Spokane Mayor Jim West.

The council in January is expected to consider an 18-page proposal to establish a code of ethics and an ethics commission to enforce the code.

City voters earlier this month recalled West by a 65 percent majority following seven months of controversy surrounding the mayor’s personal activities. West was ousted from office after more than 17,000 people signed petitions in late summer to put the matter to a vote.

In addition to a new ethics code, Councilman Al French said he plans to introduce an amendment to the City Charter to create a new method for placing any future recall elections on the ballot. But a charter amendment would be handled separately from the code of ethics.

French said a city ethics code has been discussed for years, but the scandal and recall have heightened public concern over the issue. “This happens to be an opportune time because it raises the consciousness in the community,” French said during a recent City Council meeting.

Until now, City Council members, appointed officials and top employees have been governed by state law, city personnel policies and the council’s own rules of conduct.

A code of ethics would expand the scope of regulation and give enforcement power to a seven-member commission. The commission could levy fines of up to $5,000.

Council members are now soliciting public comments about the proposal. Action on the ordinance could come as early as Jan. 3.

Last October, nearly 100 people turned out for a public hearing on the possibility of establishing an ethics commission and ethics code. The session was sponsored by council members in conjunction with members of the Neighborhood Alliance of Spokane and the Spokane Center for Justice.

If approved by the City Council, Spokane would join King County, Seattle and several other jurisdictions in the state in adopting codes of ethics. The Spokane proposal would mirror other ethics codes in Washington and would incorporate existing prohibitions such as the state law against officials voting on contracts in which they have a vested interest.

In addition, the Spokane proposal would prohibit officials or employees from leaving City Hall and going to work in the private sector on matters for which they were directly involved while working for the city. The so-called “cooling-off period” would be in force for a period of one year.

Tom Reese, the city’s economic development adviser, left his city position in June to become project manager for Kendall Yards, a 77-acre mixed-use development planned for the West Central Neighborhood in Spokane.

Reese was not available on Tuesday to comment on his job change.

Mike Piccolo, assistant city attorney, said Reese’s employment on the Kendall Yards project was not prohibited by an ethics code when Reese took the job, but that it could be an example of the type of job change that could be curtailed under the proposed ethics ordinance.

Prohibited conduct would include:

“Having a personal interest in a contract involving the city.

“Seeking to influence a contract selection while having a personal involvement in a company or person seeking the contract.

“Representing a private person at a city proceeding.

“Holding a private job that is incompatible with public service.

“Benefiting directly or indirectly from any legislation or contract unless the relationship is disclosed.

“Disclosing confidential information.

“Using a city position for personal benefit.

“Improper use of city property or personnel.

“Accepting or giving favors, gifts or gratuities unless the item is of nominal value.

Donna McKereghan, a Spokane resident who serves on the Washington State Legislative Ethics Board, said the proposed ethics ordinance in Spokane should not be viewed as a punitive measure, nor should it be seen as an attempt to reduce the authority of city leaders.

“The idea isn’t to punish,” she said, but to create a forum for considering some of the complex ethical issues that frequently confront city officials.

In addition to the ethics ordinance, French said he wants the City Council to place a charter amendment on the ballot to create an optional recall process. Under the amendment, the council would be given authority to place the recall directly before voters, thus avoiding the state law’s requirement for a large petition signature drive.

West had been accused in last month’s recall of using his office for personal benefit.

French said a charter amendment could go to voters early next year, possibly appearing on a special election ballot with a school levy measure.