Board: Paying fines with city money unethical

After City Councilmember Richard McIver tried to pay an ethics fine with city money, the Seattle Ethics and Elections Commission Wednesday recommended changing the law to force city employees and elected officials to use their own money.

The change would require City Council approval. A majority of the council, including McIver, has said it would support the change.

Leaving the law as it is "would render absolutely meaningless the ability of this body to fine people for ethics violations that were committed," said commission Chairwoman Michele Radosevich.

McIver was fined $1,000 in July for awarding a no-bid contract to a company after vacationing in the Virgin Islands condominium of one of the firm's owners. The commission ruled that while McIver did not intend to violate the code or receive any private benefit, a reasonable person would consider his judgment impaired by his vacation stays.

McIver paid the fine with city funds, which he said was allowed under city law. Wayne Barnett, the commission's executive director, last week rejected payment and threatened legal action. McIver then paid with personal funds.

Council President Richard Conlin and Council members Sally Clark, Tim Burgess, Tom Rasmussen and Jean Godden also support the commission's proposal. Clark said she expects to discuss the issue in her committee this fall.

"The ethics code is one area where you want to have to pay your own fine," Clark said.

She was undecided on the commission's simultaneous recommendation Wednesday to reduce the city's responsibility for providing legal defense in an ethics case. Under the current code, the city provides an attorney for the person accused of misconduct.

The commission recommended the City Council loosen the requirement so if an employee is found to have intentionally violated the ethics code, the city can demand reimbursement for legal costs.

The proposed requirement would be consistent with how the city treats employees who are sued. "That's not as slam-dunk or as easy as saying ethics fines should be paid by a city employee," Clark said.

The commission made the recommendations in a 6-1 vote, with Commissioner Mel Kang opposing them. Commissioners Radosevich, Robert Mahon, Tarik Burney, Ed Carr, Lynne Iglitzin and Nancy Bickford Miller supported them.

Sharon Pian Chan: 206-464-2958 or schan@seattletimes.com