Creation of long-delayed Phoenix ethics commission falls apart just before vote

The ethics commission that Phoenix City Council has tried nearly seven years to convene, and was scheduled to finally approve, fell apart in the 11th hour.

The council spent hours interviewing and ruling out candidates behind closed doors last week and on Wednesday was slated to approve a five-person commission.

But the day before the vote, one candidate dropped out, forcing the Council to pull the agenda item.

Carlos Galindo-Elvira, from District 7, said he was disappointed about personal health circumstances that led him to withdraw his nomination.

The council must decide whether to replace Galindo-Elvira with a runner-up, or to find a new candidate altogether.

Mayor Kate Gallego said an ethics commission vote would come soon.

“We unfortunately had one of our appointees remove himself a day before the vote, which altered the timing this week. That said, I am still committed to getting the ethics commission seated and am exploring all options to get it across the finish line very soon," Gallego said.

The five-person commission is supposed to be made up of two Democrats, two Republicans and one non-affiliated independent voter. Seven of the nine council members have to approve the commission, unlike other commissions that require a simple 5-4 majority.

Galindo-Elvira was one of the two Democrats selected. Patricia Sallen of District 6 was the other Democrat.

Jose Samuel Leyvas III of District 7 and Cheryl Pietkiewicz of District 2 were the Republicans selected, and Peter Schirripa of District 4 was selected as the independent.

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Gallego made the ethics commission a primary issue during the November 2022 elections, in which she endorsed Kevin Robinson to replace Sal DiCiccio, who was term-limited, and Kesha Hodge Washington to replace incumbent Carlos Garcia in the downtown and south Phoenix areas.

Robinson and Hodge Washington made it important parts of their campaigns and went on to successfully win seats in Districts 6 and 8, respectively.

Gallego said she planned to bring the ethics commission for a council vote before summer, but that didn't happen.

It is unclear how long the commission could now be delayed. The next council meeting is Dec. 13, but the council may need additional closed-door time to contemplate or interview additional candidates.

Ethics commission contentious from the start

The proposal for an ethics commission has long been controversial on Phoenix City Council.

DiCiccio believed it could be weaponized against council members for political reasons. The late Councilmember Thelda Williams worried about innumerable frivolous complaints. Councilmember Laura Pastor worried about diversity on the commission.

But in 2017, under former Mayor Greg Stanton, the council came together to approve the creation of an ethics commission.

In 2017 and 2018, and again in 2020, the advisory board screened applicants. But none of their recommendations made it to a formal City Council vote.

In 2021, Gallego tried something different. She formed an ad hoc committee of two council members: a Republican who resisted the commission, Waring, and a Democrat who supported the commission, Debra Stark. The two would interview candidates before they came to the council.

While Waring and Stark approved the Judicial Selection Advisory Board's recommended appointments in April 2021, the recommendations failed twice to win over other council members in May 2021.

Councilmember Pastor sat out both votes. Councilmembers DiCiccio and Guardado voted "no."

Guardado, who wasn't on the City Council when the ethics commission was approved, said at the time she wanted to pull back the council's authority over the commission.

"I think ensuring this is an independent process is of the utmost importance. I don't think the council should be the body having the final say over ethics complaints against its own members," she said.

While the ethics commission delay this week was not caused by council member discontent, the time it will take to bring the item back to council for a vote could nonetheless have repercussions.

Cylee Gutting was once under consideration for Phoenix's ethics commission. But after waiting for years to be approved, he grew tired of waiting and withdrew his name.

At least three of the current nominees were also considered in 2020. It's unclear how much longer they may need to wait.

Reporter Taylor Seely covers Phoenix for The Arizona Republic / azcentral.com. Reach her at tseely@arizonarepublic.com or by phone at 480-476-6116.

This article originally appeared on Arizona Republic: Phoenix ethics commission falls apart just before City Council vote