The D.C. Council will vote Tuesday on a new “Code of Official Conduct” for its members that sets out ethics guidelines for city lawmakers but makes virtually no changes to existing law nor contains any sanctions for violators.
The code, Council Chairman Vincent Gray said, is but a “framework” for a more complete ethics rulebook for the council, a body shaken by Ward 8 Councilman Marion Barry’s questionable earmarking and penchant for hiring girlfriends.
The proposed ethics document contains a series of guidelines “based on existing regulations.” A second resolution would appoint the council’s general counsel, currently Brian Flowers, as its “ethics counselor.”
The D.C. Code and personnel regulations are replete with complex and conflicting ethics rules, Gray said. The new code, the chairman said, “brings it together in a comprehensive, cohesive fashion.”
The new guidelines demand “a high level of ethical conduct with the performance of official duties.” Council members would be barred from accepting gifts from contractors or ordering staff to perform non-government work.
But the code asks only that lawmakers “avoid conflicts of interest” in awarding contracts, and to “avoid all actions” that result in, or create the appearance of, impropriety.
There are no provisions for sanction or censure if a rule is broken.
“These are steps in the right direction, we believe,” Gray said.
The demand for a council ethics code emerged after Barry — following his July 4 arrest on a charge of stalking — was revealed to have hired two girlfriends over the course of two years through a pair of personal services contracts. Barry’s six-figure earmarks to a lineup of Ward 8 nonprofits also drew the attention of investigators.
Barry claims to have done nothing wrong. Former federal prosecutor Robert Bennett is investigating on behalf of the council.
Gray promised to have an ethics document ready for a vote when the council returned from its summer recess.
The council is working with Jacksonville, Fla.-based CityEthics under a $5,000 contract to develop a more comprehensive ethics code, a censure and sanction process, and a training program for members and their staffs, Gray said.
“Most people think we’re just responding to Mr. Barry’s troubles, but the chairman was onto this well before that,” said Ward 3 Councilwoman Mary Cheh. “This is just the natural progression. It’s not like we threw something together and wrote it on the back on the envelope.”
