Homeless in Arizona

Experts: Phoenix ethics rules for elected leaders lag

By Dustin Gardiner The Republic | azcentral.com Wed Mar 13, 2013 11:02 PM

Phoenix’s ethics rules for its elected leaders significantly lag the best practices of large U.S. cities, a task force of legal experts has found.

That’s the conclusion reached by a group of prominent attorneys and judges who spent four months reviewing the city’s ethics policies, also determining that Phoenix employees are often held to a “higher standard” than City Council members.

Topping the group’s list of concerns is Phoenix’s lack of a legal mechanism to investigate or sanction council members who potentially violate its conflict-of-interest or gift policies.

On Wednesday, former Maricopa County Attorney Rick Romley, who led the task force, gave the critique to a subcommittee of City Council members. He said that “most levels of government,” including the state, already have processes to sanction elected officials through a vote of their peers.

“The area of greatest weakness is with the elected officials,” Romley said of the city’s ethics safeguards. “We were quite surprised that there was nothing in place (to enforce rules) on elected officials.”

Phoenix’s Ethics Review Task Force, which Mayor Greg Stanton created last fall, has released 27 recommendations to improve overall policies for elected officials, board members, employees and volunteers.

Perhaps the most controversial measure calls for the creation of an independent ethics commission to oversee investigations of potential violations by elected officials. Residents would have to approve the move through a ballot measure because it requires an amendment to the City Charter.

Task-force members said other shortcomings they found were inconsistencies between the city’s rules for elected officials and general employees, who can be fired or disciplined for violations.

For example, state laws restrict council members from participating in deals in which a relative’s involvement could present a conflict of interest. But employees are restricted from directly doing business with anyone with whom their relationship “may create the appearance of a conflict.”

Council members so far haven’t been overtly enthusiastic about the task force’s recommendations. Wednesday’s subcommittee praised the group’s work but wanted more time to mull the issue before deciding whether to advance it to the full council for a vote.

“I know that from experience it sounds simple, but it’s not,” Councilwoman Thelda Williams said. “Ethics is kind of a personal perception for me and most people, I truly believe.”

Councilmen Daniel Valenzuela said he supports the aim of the task force but wants to ensure there’s no ambiguity in defining “unprofessional conduct” of elected officials, which could be investigated by the ethics panel. He said he does not want it to become an “overused tool” for tarnishing city leaders.

Romley said the task force hopes the council will approve the recommendations and convene another group to flesh out guidelines for elected officials.

“The City Council has the opportunity to walk the walk,” said Ernest Calderon, a task- force member and longtime Phoenix attorney. “I believe that the citizens of Phoenix don’t want a good council. They want a great council.”

Meanwhile, Stanton told The Arizona Republic that he will not take a stance on the specific recommendations until the subcommittee acts, though he supports the overall message.

Although the lack of a way to investigate council ethics violations was the task force’s main concern, it seeks other changes. Other key recommendations:

Require elected officials and board members to report within 48 hours gifts, including food, that exceed $50. Gifts that create an appearance of undue influence or conflict of interest would be banned entirely.

Create a uniform gift policy that applies to elected officials and employees, banning gifts that create an appearance of undue influence and gifts of entertainment, such as tickets to sporting or cultural events.

Establish ethics policies for the use of social media by elected officials and employees. These policies would likely vary for the two groups.

Conduct a city review and update of ethics policies at least every four years. The city’s policies haven’t been updated since 2005.

Who needs stinkin’ ethics?

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Who needs stinkin’ ethics?

Picture the Arizona legislature as the surly, ragtag bandits in the great old movie “The Treasure of Sierra Madre” (Surprisingly easy to do isn’t it?) only the bandits aren’t trying to convince you they’re lawmen, they’re trying to convince you that they have principles.

“Ethics?” the gang leader says, “We don’t need no stinkin’ ethics!”

As Alia Rau’s article so clearly demonstrates, that is EXACTLY what the Republicans who control Arizona’s legislature are saying.

Recall the Fiesta Bowl scandal?

It’s worst than that. That was an enormous and very public disgrace. It’s the little things that you don’t see that really are big things, however, like the way a legislator in Arizona can craft legislation that lines his or her own pockets and then claim that it’s okay because he’s an expert on the topic.

Take this paragraph from Rau’s article:

“Sen. Steve Yarbrough, R-Chandler, is executive director of Arizona Christian School Tuition Organization, which in 2012 accepted $13 million in donations and provided private-school scholarships for 5,683 students. He has proposed and supported legislation that would bring more money to school-tuition organizations. Yarbrough said he has consulted with legislative attorneys to confirm that he has no conflict of interest.”

Is that not proof positive that we tighter rules?

And an ethics commission.

A commission made up of people who are NOT legislators and who are very concerned that the ethics in this state really are stinkin’.