Westwood councilman proposes code of ethics

Monday, December 1, 1997

Westwood councilman proposes code of ethics

WESTWOOD: Hernandez felony prompts Mike Feuer’s measure that
calls for stricter penalties

By Eleni Hioureas

Daily Bruin Contributor

In response to Councilman Mike Hernandez’ drug incident, Fifth
District Councilman Mike Feuer, the representative of Westwood, is
currently devising a code of conduct for City Council members. This
"contract with the voters (would) ensure that all members exhibit
conduct which does not discredit the council," Feuer said.

Feuer hopes that his code of conduct will prevent council
members that exhibit illegal behavior from continuing to serve
their term. He believes that this will create a "higher standard
for public trust."

From the beginning of his term in the Fifth District, Feuer has
been interested in government ethics. He first raised the idea of
having a code of conduct two years ago.

However, Hernandez’s drug arrest resurrected Feuer’s idea for
the code.

Last summer, Hernandez was arrested by the Los Angeles Police
Department for purchasing and possessing cocaine. He was charged
with a felony that would normally prohibit him from serving on the
council.

However, because he pleaded guilty and went into drug
rehabilitation, he will not be convicted, and the incident will not
appear on his record a long as he continues with
rehabilitation.

Feuer was upset that in this case, as in many others, illegal
behavior wasn’t sufficient to remove a member from the council.

A draft of the code is still being revised by the Rules and
Elections committees. It is still uncertain when the proposal will
be in its final form. However, Feuer plans for the issue to be
placed on the ballot in the next city-wide election.

Offensive behavior listed in the code will include sexual
harassment, homophobic or racial comments or actions, or any other
forms of serious crimes or ethics violations. Removal from office
would not only include council members convicted of a felony, but
also council members that admit to or plead guilty to a felony
violation.

Penalties may range from reprimand, censure or expulsion from
the council.

Feuer believes that the code is necessary because "elected
officials should be role models. When their conduct falls short,
everyone is diminished; they undermine the credibility and
effectiveness of the institution they serve."

Feuer realizes that other levels of government define codes of
appropriate conduct, but he felt that they were too broad, and they
also didn’t include the City Council. He wanted to incorporate a
provision similar to the ethics code in the state government, but
with additional, specific provisions.

Feuer believes that "it undermines the public support of the
City Council when council members get away with misdemeanors," said
Daniel Hinerfield, a spokesman for Feuer.

The code of conduct will be governed by a Council Oversight
Committee (COC) consisting of the council president pro tem, the
chair of the Rules and Elections Committee, the city attorney, and
the president of the City Ethics Commission. This council will
decide whether a complaint should be investigated. This requires a
two-thirds vote by the COC and at least one council member. After
investigation, the complaint then becomes a violation if the action
taken included wrongdoing and discredit to the council.

The person or people charged with violating the code may
challenge the complaint and present the COC with more arguments and
evidence. The COC requires a two-thirds vote to determine whether
the complaint filed is a violation of the code of conduct as well
as what penalty to administer.