Council Approves Inspector General After Resolving Independence Concerns
Council votes 6-1 to establish independent watchdog with power to hire outside counsel
Committee advances equal evidence standards after false complaints advanced to hearings despite sworn testimony proving innocence.
The Governmental Processes Committee advanced reforms Tuesday to the city's ethics complaint procedures, with Vice Chair Jim Perry proposing changes weeks after cannabis businesses withdrew false allegations against him and three colleagues.
Committee members sharply criticized current Board of Ethics procedures, particularly language requiring the board to accept complainant statements as true during initial review.
Member Chuck Conder described what he called the "kick the unicorn test."
"Somebody could come down and stand there and say, 'I witnessed Councilmember Conder on Thursday afternoon, kick a unicorn on the corner of Ninth and Lemon.' You got to take that as fact," Conder said. "And that is just ridiculous."
Perry said the board advanced the cannabis-related complaints to formal hearings despite his sworn statement that he was not present at the alleged March chamber event and multiple colleagues confirming his absence.
He proposed requiring that "all evidence submitted by the complainant and the elected official or board or commission member shall be taken in its totality with equal weight given to both."
The committee approved most ethics code changes recommended by the Board of Ethics, including expanding who can file complaints to include vendors and contractors who work with the city.
However, the committee maintained the one-year statute of limitations for filing complaints rather than extending it to two years as the board recommended.
Chair Philip Falcone said he opposed extending the deadline because he didn't want the "pendulum swinging back and forth every year." The statute was previously two years before being reduced to one year last year.
Resident Malissa McKeith suggested during public comment that ethics oversight should eventually move to the future Inspector General's office, calling the current process "cumbersome and complicated" and saying it's "being manipulated significantly."
Falcone agreed that ethics oversight could eventually shift to the Inspector General's office once that position is created. City Council is scheduled to vote Tuesday evening on establishing the Inspector General's office.
The ethics code revisions will advance to City Council for final approval.
The committee also directed staff to develop recommendations for consolidating some of the city's 16 advisory boards and reducing membership sizes to address 31 vacancies creating persistent quorum problems. Staff will return in January with specific options.
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