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Council adopts updated ethics policy with new removal option for elected members
Summary
The council adopted an updated city ethics policy that mirrors Montana law and added a council-approved amendment allowing removal of a council member by a supermajority (4 of 6, including the mayor) if the member refuses to resign after an ethics finding.
The Whitefish City Council adopted a revised city ethics policy on May 5 that mirrors Montana’s code of ethics for public officers and employees and added a council amendment providing a process to remove an elected member by supermajority.
Staff background: Angie, the staff lead on the rewrite, told the council the city’s policy dated from the late 1990s and that Montana law has changed since then. The draft policy tracked state law and incorporated council direction from two prior work sessions. Angie said she exempted advisory committee members from quasi‑judicial restrictions except for boards that make binding quasi‑judicial decisions (for example the planning board or police commission), because committees generally provide recommendations rather than final decisions.
Amendment and vote: During the meeting Councilor Frank proposed an amendment to the draft policy that would permit the council to remove a member who refuses to resign for ethics reasons by a supermajority vote that includes the mayor. Councilors discussed thresholds and enforcement mechanisms; staff said removal pursuant to charter or state law could be structured as a supermajority requirement. The council approved the amendment and then voted to adopt the updated ethics policy unanimously.
Why it matters: The updated policy aligns the city with current Montana statutory standards, clarifies expectations for committee members and quasi‑judicial roles, and adds a local mechanism for removal of an elected member when resignation is refused. Staff indicated the county attorney may receive referrals under state law in some circumstances, but councilors expressed skepticism that the county attorney would pursue prosecutions in ethics cases; the local remedy was added to provide council-level recourse.
Implementation: Staff will incorporate the supermajority provision (four of six votes including the mayor) into the final adopted policy language and publish the updated policy for council and board members.
