The proposed Code of Ethics seems very thorough in defining a broad range of
ethical expectations of city employees and offiicials.  It also has a
comprehensive mechanism for investigating ethics complaints.  However, there
is one thing that seems to be at least partially missing:  teeth.  An
ethical practices board is supposed to investigate any complaints of ethics
violations. There is no mention of subpoena power to enable the board to
compel testimony or documents necessary to investigate ethics violations.
Can someone comment on whether there is any other authority that would give
it subpoena power?  Most significantly, there is no clear regimen of
penalites for ethical violations.  As to regular city employees, the ethics
code states that they may be disciplined or terminated for ethical
violations, but there are no specific standards to mandate any particular
level of discipline for any violation.  This unfortunately leaves such
decisions to the whims of city bureaucrats who can easily enforce the ethics
code based on aribitrary or political considerations, thereby negating the
purpose of an ethics code.  As for allegations of ethical violations by
department heads and elected officials, the ethical practices board merely
reports its findings to the Mayor and City Council.  There are no standards
or guidance to indicate the actual consequences of any ethical violations.
A decision is again left completely to the whims of the city council, who
are left in a position to enforce the ethics code based on political or
arbitrary considerations.  The sanctions for violations would be more likely
based on the official's power and popularity rather than the gravity of the
violation.  I suggest that the ethics code be amended to provide some more
specific sanctions that must be imposed for violations.

Another point.  It is likely that the passage of the ethics code will result
in signficant expenses for the city, since the ethical practices board will
be hiring staff, and other expenses will be needed to conduct
investigations.  I believe the expense is justified in order ensure
credibility and integrity in local government.  However, why did the Mayor
so adamantly oppose significant funding for a serious and independent
civilian review authority?  Is police accountability less important than
general integrity in government?  This seems to reflect a continuing pattern
of priorities in this adminstration geared toward the concerns of the more
privileged.

Jordan Kushner
downtown lawyer
----- Original Message -----
From: "Sether, Laura S" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Friday, February 21, 2003 5:54 PM
Subject: [Mpls] RE: Public Hearing Monday on Ethics


Mayor Rybak encourages all interested citizens to attend a public hearing on
Minneapolis' Code of Ethics in the Ways & Means Committee on Monday,
February 24 at 2:30 p.m. (time certain).

Click on "Proposed Changes at a Glance" at
http://www.ci.minneapolis.mn.us/mayor/priorities/ethics/
to see the Ethics Task Force proposal.




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