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Chester City Council hears plan to clarify code of ethics after litigation raised ambiguity
Summary
The city solicitor presented a proposed clarification to Chester's code of ethics to remove language a court and parties had interpreted as potentially restricting appointees from acting as independent board members; the specifics will be discussed further in executive session.
The city solicitor told the Chester City Council on June 22 that staff is proposing a revision to the city's code of ethics to eliminate language that, as written, could be misconstrued in ongoing litigation.
The solicitor said the provision at issue was drafted in a way that some parties — he cited "CWA" — and the litigation record could interpret to mean certain appointees, such as the city's appointee Tom Moore, were required to act solely on behalf of the city and not as independent board members. "We passed the code of ethics after much deliberation," the solicitor said, adding, "there was a section . . . which could be misconstrued." The solicitor characterized the proposed change as a clarification of intent rather than a policy reversal.
Council members and staff were briefed that the revision grew out of material raised in litigation and at a hearing, and that there are legal aspects councilors may prefer to review in executive session. The solicitor said specifics could be discussed in executive session because of the legal issues and asked to address further questions after adjournment.
The transcript does not record a formal motion or vote on the amendment during the public portion of the meeting. The next procedural step, according to staff remarks, is continued legal review and discussion in executive session before any final action is taken.
