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Linden adopts Code of Ethics ordinance after 4-3 vote

City of Linden City Council · September 23, 2024
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Summary

After debate over enforcement and whether ethics rules should be an ordinance or policy, Linden City Council adopted a new Code of Ethics (new Chapter 35) by a 4-3 vote; the city attorney and councilors discussed alignment with MML guidance and Act 196.

The Linden City Council voted 4-3 on Sept. 23 to adopt a Code of Ethics ordinance that adds Chapter 35 to Title III of the city code.

City Attorney Michael Gildner told councilors the draft draws on examples used by the Michigan Municipal League and other communities and explained how the proposed compliance and enforcement provisions are intended to function. Councilors debated whether ethics governance should be enacted as an ordinance with enforceable provisions or addressed instead through a policy or training program.

Councilors raising concerns said they wanted clearer definitions of enforcement, transparency around appointment and approval powers, and assurances that staff time would not be diverted from core city functions. Some members suggested alternative approaches such as mandatory training, an ethics board, or a nonbinding oath of civility.

Public commenters urged the council to consider policy alternatives and training rather than codifying the rules in ordinance form. The council nonetheless approved the ordinance in a roll-call vote: Ayes — Culbert, Simons, Howd, MacDermaid; Nays — Cusson, Dick, Armstrong.

Mayor Danielle Cusson said the council may need additional discussion on the policy-versus-ordinance question and City Manager Ellen Glass asked for direction for staff on next steps.