FAIRFAX CITY, VA — The Fairfax City Council unanimously adopted a new Code of Ethics and Standards of Conduct Tuesday night, establishing written expectations for the mayor, council members and members of city-appointed boards, commissions and committees.
The code covers conflicts of interest, public conduct, transparency, use of city resources, confidentiality and other ethical standards. It also provides a process for addressing violations and allows the City Council to impose sanctions including reprimand, formal censure or loss of seniority or committee assignments.
"I think this makes sense as a common sense thing to do," Councilmember Anthony Amos said before the vote, thanking city staff for developing the document and seeking feedback.
The Sept. 8 vote followed City Council work sessions on May 26 and July 14. Previous councils had not reached a consensus that a formal ethics code was necessary, according to a city staff report.
At the July meeting, a majority of council members indicated they wanted to move forward with the proposal and asked staff to solicit comments from the chairs of City Council-appointed boards and commissions.
City Attorney Brian Lubkeman told the council Tuesday that the city received one response, which primarily involved a stylistic suggestion.
"Other than that, we received no input from boards and commissions," Lubkeman said.
City staff described ethics codes as tools that can supplement existing legal requirements by providing aspirational standards for conduct and reducing ethical confusion and misunderstandings.
The Fairfax code says public officials should act in the public interest, comply with applicable laws and avoid even the appearance of impropriety. It calls on members to treat the public and one another courteously and fairly and to base decisions on the merits of the issues before them.
It also says officials should publicly share substantive information relevant to matters under consideration when that information comes from outside the public decision-making process.
On conflicts of interest, the code says members should not use their positions to influence government decisions in which they have a material financial interest or when an organizational responsibility or personal relationship could create the appearance of a conflict. Members are expected to make disclosures required by law and abstain from deliberations and decisions when conflicts exist.
Other provisions address gifts and favors, confidential information, use of public resources, representation of private interests and the relationship between elected officials and city employees.
Also See ...
Councilmember Billy Bates highlighted language requiring officials to treat the public and one another in a "courteous, impartial, fair and equitable manner."
"To me, that means conducting ourselves with honesty and transparency and not surprising each other at the dais, which is something that I have always remained true to," Bates said. "I think that this is certainly worth an attempt to see how this is able to improve the process of governing the city."
The code is intended to be self-enforcing. New and returning council members, the mayor and members and applicants for boards, committees and commissions will receive ethics standards as part of their orientation and training. Members entering office will also be required to sign a statement saying they have read and understood the code.
If a member becomes aware that they or another member violated the code, they are directed to make the violation known to the body on which they serve. The mayor and chairs of boards, committees and commissions have an additional responsibility to intervene when apparent violations are brought to their attention.
The City Council can impose sanctions for violations, including reprimand, formal censure, loss of seniority or committee assignments, or other measures allowed by law. A violation of the ethics code by itself would not invalidate a decision made by the council or a city board, committee or commission.
Before the council considered the measure Tuesday, Fairfax City resident Jessica Locke spoke during public comment in support of adopting an ethics code.
"Like many Fairfax City residents, I assumed our government already operated under a local code of ethics," Locke said. "I was surprised and somewhat concerned to learn that we don't."
Locke said state conflict-of-interest laws provide minimum legal requirements but argued that the city should establish additional standards covering disclosure and recusals.
Councilmember Stacey Hardy-Chandler moved to adopt the Code of Ethics and Standards of Conduct as presented, and Councilmember Tom Peterson seconded the motion.
Council members Amos, Stacy Hall, Hardy-Chandler, Peterson, Bates and Rachel McQuillen all voted in favor. The motion passed unanimously.
Sign up for free local newsletters and alerts for the
Fairfax City Patch
Patch.com is the nationwide leader in hyperlocal news.
Visit Patch.com to find your town today.