Marin Independent Journal

Code of ethics in works after mayor scandal

- By Kathleen Coates

In the wake of the scandal that enveloped Windsor after its former mayor was accused of sexual assault in April, town leaders are working to create a code of ethics for elected and appointed officials.

As part of the process, residents are being asked to fill out a short public survey online by Sunday. An article on the Windsor website says the town is developing the code “to assure public confidence in the integrity of our local appointed and elected government officials.”

“One of the lessons we learned following the allegation­s against the former mayor was that the city didn’t have an adopted procedure to address misconduct by a council member,” said Windsor Town Manager Ken MacNab. “So one of the actions the council wanted to take was to adopt some procedures, so that is what this ethics survey is about.”

Former mayor Dominic Foppoli, who resigned in disgrace in May, is the subject of a seven-month investigat­ion into sexual assault allegation­s made against him by a rising number of women.

Foppoli, whose Windsor home on Merlot Way was the subject of a Nov. 10 search by the Sonoma County Sheriff’s Office and members of a North Bay law enforcemen­t task force, has denied any wrongdoing.

According to a request for a search warrant, filed by the sheriff’s Office with Sonoma County Superior Court, investigat­ors were specifical­ly searching for two photos of women who allege they were sexually assaulted by Foppoli.

The photos, officials said, are believed to be connected to incidents that occurred in 2002 and in 2017.

Authoritie­s removed 10 items from Foppoli’s home, including two laptops and a cellphone.

Although town officials are already subject to state ethics laws governing criminal misconduct in office, conflicts of interest, campaign contributi­ons and gifts, the town wants to fill in gaps in the laws, according to the article.

“A code of ethics creates a set of aspiration­s for behavior based on values associated with public service,” the town says in its message to residents. “It complement­s laws to define how elected and pointed officials should act when they are at their best.”

A code of ethics is based on principles about shared values and expectatio­ns, not laws, according to the video, which was prepared by Regional Government Services, charged with creating the new code.

MacNab said he thinks a lot of people don’t understand why the ethics code is being proposed.

“Some people are confused about why we are preparing an ethics code. They know that elected and appointed officials are required to follow certain laws such as conflict of interest and financial disclosure­s,” he said. “The ethics code will supplement these laws and provide a framework for aspects of conduct that may not be specifical­ly addressed in the law.”

For example, elected or appointed officials cannot use their positions for personal gain, such as accepting gifts. They should be acting in the public interest, he said.

MacNab said the council will review the results of the survey at the Dec. 15 meeting, give their comments and then town staff will return with statements of ethical conduct.

After that, staff will come back with an ethical code of conduct and a process for addressing misconduct, probably at a meeting in March, he said.

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