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Kalispell council to consider ethics code

by Tom Lotshaw
| October 26, 2012 10:00 PM

After many past requests by council member Randy Kenyon, the Kalispell City Council has agreed to at least explore the creation of a local code of ethics for city officials and other staff.

“I brought it up many years ago and it just fell flat,” Kenyon said.

Kenyon’s later requests to fellow council members under then-City manager Jane Howington and interim City Manager Charlie Harball, the city attorney, also fell flat, he said.

Kenyon repeated his request Monday, pushing for the City Council to adopt something in addition to the statewide code of ethics that was created by the Legislature as required by the Montana constitution.

“We need to come up with our own,” Kenyon said.

“It’s a matter of public trust and it says we take the ethics of our city government very seriously.”

It remains to be seen just how rigorous a draft code of ethics would be, and what if anything it would require in terms of disclosure.

Kenyon said there’s no sign of unethical behavior on the City Council driving his push for a local code of ethics.

“It’s kind of symbolic,” he said of his initiative. “I’m just looking for a straightforward, easy-to-read ethics policy that covers the basics.”

Council member Phil Guiffrida III said he “always has concerns about symbolic gestures,” especially when they take staff time to prepare.

“When it comes to ethics, we’re all bound by the citizens of Kalispell,” Guiffrida said. “And if we’re not ethical they’ll boot us out of office. That said, I’m willing to see what’s drafted.”  

At several points in Monday’s discussion, council members referred to codes of ethics enacted in Whitefish and Bozeman.

According to Bozeman’s website, its code requires city commission members and other “major financial decision makers” to file yearly disclosure forms detailing their past and present employers, business and property interests and affiliations with other organizations.

At Monday’s meeting, local attorney Jim Cossitt urged the City Council to consider just that: requiring its members to disclose their financial and equity interests.

As policy, permitting and other major decisions are weighed and made, the public deserves to know how elected officials are connected to the community and how they derive their income, Cossitt argued.

“When in doubt, disclose, disclose, disclose,” Cossitt said at one point.

Kalispell City Manager Doug Russell suggested any potential code of ethics could be rolled into orientation materials for elected officials and employees.

“What we’ll do is go and review the policies out there to see what is the most meaningful and effective ... I’d envision a couple of work sessions to get it smoothed out in terms of what [the council is] looking for and thinks will be a useful document,” he said.

Reporter Tom Lotshaw may be reached at 758-4483 or by email at tlotshaw@dailyinterlake.com.