Code of Ethical Conduct

This Tuesday, the Planning and Policy Committee will review a new Code of Ethical Conduct for the Ottawa County Board of Commissioners. I agree that the Board should have a process for addressing serious misconduct, but I have significant concerns with the approach being suggested.

Commissioners are independently elected by the people. We are not direct employees of the County, nor are we required to represent whichever faction may constitute the current Board majority. Our obligation is to exercise our own judgment and ultimately answer to the voters.

That's why I'm uncomfortable with an ethics code that attempts to regulate ordinary aspects of how elected officials do their jobs. The proposal says commissioners should "work objectively towards consensus," "respect and adhere to" the results of Board votes, and characterize disagreement with an official Board position as their "own personal opinion."

I don't believe disagreement is an ethical problem. I believe it is a vital function of representative government and helps us find the most representative answers for the residents we serve.

I also have concerns about the proposed complaint process. Under this draft, the Board Chair initially has discretion over whether a complaint is placed on the agenda. If it reaches the Board, a majority could immediately determine that a commissioner violated the policy, direct the County Administrator to investigate an elected commissioner, or appoint a three-member committee to investigate.

I prefer a simpler and more predictable process.

Every written complaint should come before the Board. No Chair, administrator, or other official should decide whether the Board gets to consider it. The Board should then decide whether the allegation is serious enough to warrant further review.

And if we're contemplating discipline of an independently elected commissioner, I think there should be a buffer between accusation and punishment. A small committee can investigate, allow some time for everyone to step away from the initial controversy, develop the facts, and make a recommendation before the full Board makes a disciplinary decision.

That's not bureaucracy for bureaucracy's sake. It's a cooling-off period that protects everyone involved.

I think an effective Board Conduct Policy can actually be quite simple: Commissioners should act with integrity and treat colleagues, other elected officials, County employees, and members of the public with courtesy and professionalism. When conduct becomes serious enough to materially undermine the integrity of the office or the effective functioning of the Board, there should be a fair process among commissioners for addressing it.

Most everything else should remain where it belongs: with the judgment of the voters.