TRAVERSE CITY — As voters weigh whether to require Traverse City to have an ethics ordinance on the books, city commissioners are a step closer to adopting one.
Commissioners voted unanimously Monday to introduce a draft ordinance for possible adoption on Oct. 20. Jackie Anderson, who chaired the subcommittee that drafted the language, laid out its purpose and requirements.
Anderson said the ordinance is meant to serve as a shield against the public from impropriety by anyone serving the city. It should also act as a reminder that anyone working for the city should serve the public, not themselves.
“I see this as a critical step in trust-building between our city government and our community,” she said.
The ordinance would require any city official, elected and appointed, and employee to act impartially and avoid giving or seeking preferential treatment. It would also bar anyone in city government from using their position to seek privileges, interfere with law enforcement or overstep their authority. And close relatives of elected or appointed officials would be barred from holding an appointed position.
Another clause would require anyone in city government to disclose any financial interest in entities that sought contracts or licenses from the city within the past two years, Anderson said.
For enforcement, complaints would go to a neutral, third-party arbiter recommended by the city attorney and approved by the city commission, Anderson said. That arbiter would have the power to investigate, including seeking documents or witnesses, hold a public hearing and issue a final decision.
Arbiters would give the subject of a complaint 15 days to rebut the allegations, with the complainant having a chance to respond to that, Trible-Laucht said. The arbiter could meet with both parties and, if necessary, call for an enforcement hearing.
That process is modeled on what the Michigan Department of Civil Rights uses, Trible-Laucht said.
“We tried to model that on something that exists already and has been around for quite a long time,” she said. “It allows an opportunity for fact-finding to occur.”
Should the complaint involve the city attorney, the city manager would recommend an arbiter instead, city Attorney Lauren Trible-Laucht said.
Enforcement options would range from disciplinary action, up to and including being fired, Anderson said. Enforcement terms in collective bargaining agreements would take precedent over this section, she added.
Elected officials could face a resolution of censure, and the arbiter may find violations that could be civil infractions or misdemeanors. Those would be referred to 86th District Court.
Commissioners suggested a few tweaks, with Heather Shaw suggesting a 90-day window for people to file complaints about a particular incident, and that arbiters file annual reports summarizing how many complaints they dealt with in the past year. She also suggested requiring short refresher courses for the ethics ordinance.
Commissioner Mitch Treadwell and Mayor Amy Shamroe pointed out that, while city leaders could adopt the draft ordinance on Oct. 20, it wouldn’t short-circuit a question voters will decide at the Nov. 4 election.
One ballot question asks voters if they want to amend the city charter to require Traverse City to have an ethics ordinance on the books. Shamroe explained that vote wouldn’t be for any specific ordinance — including the one currently under deliberation.
“Proposal Three states, not for these exact rules, because ordinances can be living or breathing things, that we will have an ethics ordinance as a city, whatever that may look like — this one, or five years from now someone might totally overhaul it,” she said. “But (the charter amendment) wouldn’t allow them to ever get rid of the ordinance.”
City resident Judy Nelson praised commissioners for tackling a tough project, and said that, while the draft isn’t perfect, it’s a huge improvement from existing ethics provisions in city law.
“It’s important that. you do something in this area to increase public trust, and you can learn from it,” she said.