CJ Council looks askance at new ethics reporting form
From our weekly issue dated April 16, 2008
As a sort of exodus involving Oregon public officials continues because of a new ethics form many call an invasion of privacy, Cave Junction city officials are taking their own special stand.
Near the end of the hour-long meeting in city hall Monday night, April 14, City Recorder Jim Polk stated that more than 100 public officials have resigned statewide because of the new law, Senate Bill 10. Included is the entire council from Elgin, and two members of the Brookings City Council.
Polk told the approximately 18 persons who attended the meeting that he is fighting the request for new information for himself. The state apparently feels he should be included in the ethics reform situation because it considers him the city manager. He indicated generally that he feels that the form demands inappropriate data in that it is too personal.
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Councilman Margaret Miller noted that at the advice of City Attorney Patrick Kelly, she is returning her form with the notation:
“Under ORS 192.502 (2) information withheld under privacy concerns. Information will be provided to the appropriate government officials on a need-to-know basis where privacy can be protected.”
The new form was championed by Speaker of the House Jeff Merkley (D-Portland), representative of District 47, who is now running for the Senate. The law requiring more information was passed by the 2007 Legislature for ethics reform, apparently because some legislators were caught a couple years ago accepting gratuities.
The new law affects all city managers, city councilors and planning commissioners statewide. Information now required:
Name, address and description of business owned, partly owned or directed by the filer or member of household; names under which the filer or a member of his/her household did business in the previous calendar year.
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Plus, the five most significant sources (not amounts) of income in the filer’s household.
Also, the names of adults in the filer’s household; names of relatives of the filer; real property the filer or member of his/her household owns or has an interest in, excluding the primary residence; any shared business with a registered lobbyist.
Also, value received by the filer for an office-related event such as a trip or conference; source of income greater than $1,000 that was derived from a person or business with a legislative or administrative interest; source of debt owed a person or business with a legislative or administrative interest; amounts of honoraria more than $50; and business investments of more than $1,000 made by the filer or a member of the filer’s household.
Mayor Tony Paulson commented several times about his intense personal dislike regarding Senate Bill 10. Councilors Dan Fiske and Trisha Arias made no comment about the new law. Councilman Don Moore was not present; Paulson said that he had asked for an excused absence.
In information provided the council by Polk, Mike McCauley, executive director of the League of Oregon Cities, said that, “While the provisions of the new law are over-reaching and are legitimately causing consternation, the requirements remain the law.” He also addressed “gaming the system.”
McCauley noted, “… trying to create a technicality intended to avoid the law is probably not really going to work in the long run.”
Polk said that a civil fine of up to $10,000 could be levied against those not fulfilling requirements of the new law. Additional daily penalties also could accrue, he stated.
Water, Sewer Bills
Responsibility Issue
The council held the first reading of Ordinance 514 that would make property owners ultimately responsible for water and sewer bills. Polk and the mayor felt that the second reading would occur Monday, April 28.
But it was pointed out that the date conflicts with a forum for candidates for the Josephine County Board of Commissioners. Polk and Paulson probably will ponder the problem and proffer a pronouncement.
During a public hearing on the draft ordinance, property owner Sally Palmer requested a number of changes. The mayor said that they will be considered, and could be incorporated into a revised ordinance.
The mayor said that nonpayment of utilities is a big problem for the city. He and Palmer chatted back and forth about the need for making property owners ultimately responsible for past-due bills, rather than tenants.
Becky Patton, utility and office clerk, said that the city has the capability of sending bills simultaneously to property owners and tenants. How this would help landlords was bandied about, and Palmer asked for enough lead time so that property owners would not be hit with too large a bill if their tenants bug out.
Details will be forthcoming during the second reading of the proposed ordinance.
Budget Unit Appointed
Besides the mayor and council, the city Budget Committee consists of five citizens-at-large. The council Monday night approved the following members:
Eileen McLean, Lynn Boucher-Johnson, Willa Gustavson, Barbara Ford, and Mary Orton. The date for the group to meet regarding the fiscal 2008-09 budget will be announced.
In another matter, Polk announced that the November general election will include four council positions and the mayor’s seat. Only the post of Position 1, held by Fiske, will not be up for re-election.
