An expansive new ethics policy for the city of Whitefish is ready for review after being drafted by an ad hoc ethics and conflict of interest committee.

The Whitefish City Council will decide Monday how to proceed with the draft document, whether council members will peruse it during an upcoming work session or schedule a public hearing.

A committee was set up in July to take a look at the city’s 1998 ethics policy after city officials fielded requests from citizens asking for an ethics policy review. Some of the concerns were related to City Council election issues and political action committees.

The proposed policy is more than double the length of the old policy and some elements were adapted from the city of Bozeman’s ethics policy.

One of the biggest changes in the new policy is that it establishes a three-member Board of Ethics that would handle complaints, conduct hearings as needed and determine how to proceed. The board could dismiss a complaint, refer it to authorities for criminal investigation or refer it to the city or county attorney if it appears to be substantiated.

The committee would submit a written report and findings to the City Council, with a recommendation that the council impose sanctions. Those sanctions would include a written reprimand or censure by council resolution, or a written request by resolution that the individual resign his or her position with the city.

The current ethics policy details those same sanctions, but relies on the council to determine whether an alleged violation should be forwarded to the Flathead County attorney.

The city has rarely, if ever, cited a city official or employee for an ethics violation or conflict of interest. Whitefish City Clerk Necile Lorang said she wasn’t aware of any past violations, “but that doesn’t mean it hasn’t ever happened,” she added.

The old policy forbids public officials from accepting gifts greater than $50 in value, including but not limited to non-monetary gifts such as food or drink. The new policy simply states that “no official or employee shall accept a gift, gratuity or favor from any person or entity, except as authorized by law.” State law, however, does allow gifts of up to $50 in value, according to ethics committee minutes.

Whitefish was the first city in Flathead County to adopt its own ethics policy. Then-council member Jan Metzmaker pushed for a policy after the city approved the 800-acre Iron Horse subdivision on Big Mountain. Metzmaker contended developers worked behind the scene to sway council members to their side. The ethics policy was intended to squelch interaction between and elected officials and land-use applicants prior to public hearings.

It was a controversial move. Five months after the initial policy was adopted in December 1997, the council revised it to make it more palatable to officials and the public. The biggest change was removing language dealing with contributions to nonprofit groups.

The draft policy can be found on the city website, www.whitefish.govoffice.com.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at [email protected]