Push for simplified code of ethics in City Charter gains momentum ahead of April ballot

Amending the code of ethics in the City Charter has been on Springfield City Council's to-do list for a year. After councilmembers met Wednesday, proposed changes to Section 19.16 of the charter are one step closer to appearing on April's ballot to ask for voter support.

The City Charter acts as the city's constitution and any changes to it require approval from voters. At the core of the current proposal are the financial conflict of interest guidelines. Currently, the charter prohibits City Council members, employees and other officials from having any "financial interest, direct or indirect, in any contract with the City, or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services, except on behalf of the City as an officer or employee." Any violations of the section are supposed to result in immediate forfeiture of the person's position.

After numerous meetings throughout 2023, a new draft of the code of ethics was presented to council a month ago. But because of the nuanced changes, councilmembers were concerned about presenting it all at once in a single ballot question. Their main goal was to protect city employees — particularly those who hold lower-level positions and have no power over financial decisions but could still be impacted by the policy.

What's heading to voters

The initial draft of the proposed changes came out of the Finance and Administration Committee and tried to tackle the intricacies of financial conflict of interest, apply stricter standards to councilmembers and those in leadership roles and set better definitions for terms that currently are vague. References to any "direct or indirect financial interest" were replaced with "substantial interest," which was defined. The one-size-fits-all solution of forfeiting a position was also tweaked to give leniency for those who may not have violated the charter knowingly.

Councilmembers, with Mayor Ken McClure absent, saw a simplified version of the initial draft on Wednesday.

The main changes in comparison to the charter as it is written now include:

• Addition of a provision that council shall have a code of ethics and review it at least every other year;

• Removal of employees from the provision that any violation will result in a forfeiture of position. Forfeiture will still apply to council members, officers and board members. Instead, the charter draft includes flexibility when handling employee violation, noting they will be subject to disciplinary action that could still include termination;

• The proposed language notes that a prior written advisory opinion from the city attorney that was relied upon in good faith in matters of financial interest is a defense for violations under the section.

Springfield's new city attorney, Jordan Paul, clarified that the initial draft allowed for some financial interest whereas the draft presented for the vote will keep the current, stricter standards in place that do not allow any interest.

Councilman Matthew Simpson asked about the stricter standards for employees who hold purchasing power and may have bigger roles at city departments than those in lower positions since the changes group all employees in one. City Manager Jason Gage said the employee handbook can be adjusted to include clear guidelines for different standards dependent on the position held, though it has not yet been considered.

Real-life impacts

Dale Routh worked as a contracted part-time background investigator at the Springfield Police Department when his wife at the time was hired as an assistant for the city prosecutor's office around 2010. He told the News-Leader the Human Resources Department was aware of the marriage at the time of the hiring and had not informed them of a clause in the charter regarding conflict of interest.

The two worked for the city at their respective departments for years before they were both asked to resign in 2019, amid controversy and investigation of then-Councilwoman Jan Fisk's conflict of interest, Routh said. He was astonished by the way the city had handled the situation, particularly because neither of them held leadership roles and had any influence over the other's work.

"These silly rules do affect people that shouldn't be affected," he said, noting that he was not the only one who had to leave due to a seeming conflict of interest.

Changes to this part of the charter in Routh's eyes are "long overdue" and necessary to prevent any further hardships for employees.

More: Springfield City Council continues to grapple with code of ethics revisions

Along with this change to the charter, the council will also consider sending another amendment to the voters that would extend the mayoral term to four years from the current two years. The term limit would remain at a total of eight years. Both of the ordinances will be in front of council at its Jan. 8 meeting in order to get on the April ballot.

Councilman Craig Hosmer inquired whether it's worth the expense putting the two issues on the April ballot, as they will be the only items from the city. Gage said it costs around $130,000-140,000 to do so, though it depends on whether the total cost is shared by other parties on the ballot. The election will take place on April 2, which will also be when voters will cast their ballots to fill three seats on the Springfield Board of Education.

Marta Mieze covers local government at the News-Leader. Contact her with tips at mmieze@news-leader.com.

This article originally appeared on Springfield News-Leader: Financial conflict of interest changes could be on Springfield ballots