City Council debates revising ethics policy
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Brendan Lynch/Axios
The Des Moines City Council is reevaluating its ethics policy after concerns recently surfaced that the current ordinance is overly broad, Axios has learned.
Why it matters: The policy was implemented four years ago to prevent conflicts of interest after concerns were raised about the appearance of nepotism linked to decisions about several large developments — though the councilmembers with family ties to the projects did not vote on them.
- There's now concern that it could instead hamper fair decision-making, Councilperson Josh Mandelbaum tells Axios.
Catch up quick: In 2021, the City Council passed an ordinance barring members from voting or participating in city discussions if they or their immediate family have a direct or indirect financial interest in a project.
- The move followed decisions on an East Village-area development and a contentious downtown skyscraper project — each backed by a developer who was a cousin of either Mandelbaum or then-Mayor Frank Cownie.
Between the lines: Mandelbaum and Cownie both abstained from voting on those issues.
- Plus, cousins were not part of the ordinance's definition of immediate family.
Driving the news: In October, the city's legal team presented councilmembers with a confidential memo detailing possible issues related to the ordinance.
- The City Council was scheduled to vote on revising the conflict policy this week but postponed the decision after Mandelbaum requested the memo be released to facilitate "a more informed conversation."
Zoom in: The revision would add exceptions, permitting councilmembers to serve on boards where they receive no compensation and when the primary focus of their work is charitable or governmental.
- It would also instruct the city's ethics officer to use "clear and convincing evidence" when determining whether conflicts exist.
What they're saying: The legal guidance indicates that the policy could unjustly disqualify councilmembers from engaging in discussions or votes due to their civic activities, donations or advocacy, said Mandelbaum, who is also an attorney for the Environmental Law & Policy Center.
- "I work for an environmental nonprofit. I feel like that could be weaponized at any time to try and get me off issues — not because I have an actual legal conflict but because I have a strongly held opinion," Mandelbaum said.
The other side: The proposed change would lower the standard for determining conflicts, making it easier for councilmembers to vote on issues where their impartiality might be questioned, Councilperson Joe Gatto wrote on Facebook.
- "At a time when people are losing faith in their elected officials, we should be reinforcing our ethical standards instead of weakening them," Gatto wrote.
What's next: The City Council is expected to vote April 7 on whether to publicly release the legal review of the ordinance and consider its first of three readings.