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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.