Council Shows Little Support for Ethics Board

City Council began to discuss the fate of the local Ethics Board on Thursday but came to no resolution.

In a brief debate, only Councilman Pete Guinosso voiced support for retaining the volunteer board.

At issue is a group that was formed in 2006 as a way for citizens to file complaints about ethics violations among city officials and employees. The board has received just 11 complaints since it was formed and issued findings of ethical violations in just one case.

That case led to an  and was ultimately dropped because of "procedural deficiencies" in the investigation.

City Council considered a resolution to abolish the board early in 2012, and council members at the time cited the potential for such legal costs in questioning the costs and benefits of retaining a local board when the same oversight is available through the state Local Finance Board. The new debate over the Ethics Board was triggered by the municipal budget under consideration — it includes no funding for Ethics Board legal representation.

City Council President Michael Allegretto reported the following number of complaints filed:

• 2007: 0
• 2008: 6
• 2009: 2
• 2010: 0
• 2011: 2
• 2012: 1

City Solicitor Dorothy McCrosson explained to council the distinction between the employee disciplinary process (related to performance and conduct) and the city's Code of Ethics (related to conflicts of interest and financial disclosure). She suggested that between the city's internal procedures and a separate Civil Service system for public employees, a strong set of checks and balances is in place.

Guinosso argued that the Ethics Board should serve as a deterrent for both unethical actions and employee lawsuits.

"I think the Ethics Board is important to us," Guinosso said.

Councilman Keith Hartzell noted that no employee has sued the city under the new administration of Mayor Jay Gillian, and he noted the distinction between potential ethical violations and lawsuits.

He said the city will never be able to prevent people from filing lawsuits.

"Some lawyer may say you have a suit," Hartzell said. "That's the society we live in."

Hartzell argued for letting the state ethics board do its work and for saving Ocean City taxpayers money.

"If they can't get a ride to Trenton, I'll take them," he said.

The discussion ended with Allegretto saying he will take the input under advisement as budget discussions continue.

Council could potentially fund the Ethics Board in the new budget or potentially consider a new amended ordinance that eliminates the board.