The city council is scheduled to vote Tuesday on a bill that attempts to define tougher rules on ethical matters. No need to go into the urgency for these new rules. Suffice it to say three sitting members are under investigation by federal prosecutors, and two others have had a hard time paying taxes. A few wags have called the new legislation toothless, and some council members have been working behind the scenes to weaken its rules. In my book, this signals the bill’s author, Ward 4 Council Member Muriel Bowser, must have done something right.
But that doesn’t mean there isn’t room for last minute improvement. I suggest a special Marion Barry section, based on the former mayor’s assorted brushes with the law and his ability to talk his way out of inappropriate acts. Here’s are the Barry Rules and consequences that end with expulsion.
— Council members must be current in all local and federal taxes.
Barry quit paying federal taxes in 1999, and federal prosecutors twice took him to court to force restitution. The Ward 8 council member is still cross-wise with the IRS, which has filed a lien on his property. Barry explains it away by saying many Americans have tax problems, which are private matters. Not if you are an elected official who must set a model for paying the tax man.
Any council member who does not pay taxes cannot vote on financial matters until the dispute is resolved.
— Council members cannot steer city contracts to paramours or family members — and then ask they kick back some of the funds.
An investigation called by then council chair Vince Gray found that Barry had steered contracts to friends and a former girlfriend. Barry famously said there were no rules against such acts. Make some!
Any council member found to have given contracts to current or former love interests cannot vote on city contracts for a year.
— Any council member arrested more than once on drug charges must appear before the city council in special session.
Barry was arrested in 1990 for possession of crack cocaine, and Park Service Police arrested Barry again in 2002 when they allegedly found traces of pot and cocaine in his car. No charges were filed the second time.
Until the drug arrest is resolved, the council member is barred from voting on any public safety matters.
Let’s add the Jim Graham Rule: Any council member who is offered a bribe but fails to report such a bribe must take a six-month leave from the council with no pay.
And the Harry Thomas Jr. Rule: Any council member who agrees to return public funds he or she is accused of spending for personal use must give up his seat.
Finally, the Three-Time Rule: Any member who runs afoul of the three Barry Rules at the same time faces expulsion.
Except, of course, if you are Marion Barry.
Harry Jaffe’s column appears on Tuesday and Friday. He can be contacted at [email protected].
