Policy to curb Council behavior called toothless

By Fawn Porter/The Mustang News

A policy aimed at curbing “inappropriate” behavior by City Council members toward appointed advisory board members was approved 3-2 by Council members Tuesday.

The administrative policy, drafted by City Attorney Ted Pool and meant to serve as a guideline for present and future members, was met with disdain by a few Council members.

“I am opposed to this policy,” Councilwoman Linda Hagan said. “I feel it takes away my rights.”

Hagan said she wanted the right to be able to talk to a board member and tell that person how she felt about an upcoming issue.

“That’s my right,” she said. “And by agreeing (to the policy) I am giving away some of my rights.”

However, Councilman Darrell Noblitt, who pushed for the policy, said it was a first step.

“Here is the right way … here is the wrong way,” he said.

Councilman Keith Bryan echoed Hagan’s concerns on the policy’s acceptance.

Bryan said Noblitt was the person on the Council who was the most diligent in going through the city’s code book and questioning useless or outdated ordinances, ones that were unenforcable. But, Bryan said, it seemed as if policy would be the same thing.

“It has no teeth behind it,” Bryan said. But, he added, he planned to live by the policy, felt like they were good guidelines, but was bothered this was considered a “first step” — the next, he said, would be censorship.

The policy, if not adhered to, would carry no penalty.

And, with that in mind, Mayor Chad McDowell said “this is an agreement this gentleman won’t agree to.”

McDowell said he knew that, as mayor, he was going to “take heat and upset people.” He said he was going to do what was “best for the city of Mustang” even if it meant talking to or passing information along to a planning commissioner.

“In my opinion, that’s my job,” McDowell said. “It’s what I am supposed to do … be in communication with them (board members). Actually, I should be in more communication with them.

“I am going to be in contact with whomever I want and be involved in every aspect of the city.”

Noblitt responded to McDowell by saying the mayor had made it clear he didn’t plan on following any rules put forth by the Council that he (McDowell) didn’t agree with.

Councilwoman Wendy Wilkerson said it was obvious the policy needed to be put in writing, for people to have something “tangible … in black and white” to look at.

“I think the policy is well written,” she said. “I will continue to adhere to the policy, even if there is no consequence.”

The policy drafted by Pool states:

• Elected and appointed officials should refrain from speaking as a representative of, or on behalf of a board or commission to which they are appointed or elected unless specifically authorized to do so by that specific board in a public meeting.
• Although any member of any elected or appointed board is free to state a personal opinion or viewpoint to another elected or appointed member at any time, such communication is best conducted in a respectful, constructive manner free of any perception of undue political influence.
• All elected and appointed officials are cautioned to follow the Oklahoma Open Meeting Act and recognize that in certain circumstances, discussions outside of the confines of a properly posted public meeting could constitute a violation of the law.

Before discussion of any agenda items took place, McDowell addressed the audience regarding concerns raised by some Council members about his real estate dealings.

“I do consider my personal business to be just that,” McDowell said. “I have done nothing illegal, unethical or broken my oath of office.”

Before the mayor defended himself, some audience members approached the Council with pleas to get along.

Some Council members said if there was any question in their mind that circumstances they were involved in may be construed as unethical, they would refrain from it.

The Council also added language to the existing conflict of interest form to include the phrase “real property.” The added phrase only applies to City Council members and city employees will not be required to list real property owned.

The conflict of interest form is filled out by city officers and employees as an internal accounting control in order that (city staff) is insured they are not conducting business with persons in violation of the law. The form requests city employees to provide a listing of businesses owned by self or spouse in which a proprietary interest of 25 percent or more is owned.

For example, city staff would not purchase office equipment from someone who works for the city.