A Special Ordinance Is Not the Way to Provide a Waiver
There are usually many ways to deal responsibly with a conflict situation. But
there are also many irresponsible ways to deal with a conflict situation. One
of the irresponsible ways is to be considered today in Portland, OR, according
to <a href="http://www.katu.com/politics/Portland-Police-Bureau-Officer-John-Myers-…; target="”_blank”">an
article on the KATU News website</a>.<br>
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The conflict situation involves a police officer who owns a business
that sells law enforcement equipment. In Portland, it is illegal for
a city employee to be a city vendor. But the police department wants
the officer's company to be able to bid.<br>
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The most responsible way to do this is to ask for a waiver from an
independent ethics commission. To do this, it must be shown that
there is an overriding consideration that would make it best for the
city to have this company become a city vendor. Unfortunately,
Portland does not have an ethics commission, nor does it have a
waiver policy. All it has is <a href="http://www.portlandonline.com/auditor/index.cfm?c=51735&a=279370" target="”_blank”">an
aspirational code of conduct</a> that expressly leaves it up to
each department and agency to have its own ethics policy.<br>
<br>
So what the police department has done is to get the council to
consider a special ordinance that would allow the police officer's
company to bid on equipment contracts. The only argument for this
special ordinance is that it might bring down the price the city has
to pay for such equipment. The police spokesperson is quoted as
saying that the ordinance is "not awarding a bid, it's not awarding
a contract, it's just saying you can bid just like this other
company can."<br>
<br>
But it's not any other company. Clearly, there is no problem if the
company loses a bid. But if it wins a bid, it will create an
appearance that it was given preferential treatment or that it had
inside information that allowed it to underbid the other vendors. In
fact, when other vendors learn that an insider will be bidding, they
are likely not to bother making a bid, which could cost the city
more money rather than less.<br>
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As an Oregon Progressive Party organizer is quoted as saying, "It's
not every company that gets an ordinance before City Council to
waive standard city codes that are designed to protect taxpayers and
our community members from unfair practices." In other words, there
is an appearance of preferential treatment even in the presentation
of the ordinance.<br>
<br>
This is a perfect occasion for Portland to think about starting a
real ethics program. Its officials are covered by a state program,
but the state ethics commission is relatively weak and understaffed,
and it has no waiver provision.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
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