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Council debates whether prepared remarks conflict with ethics code; legal counsel says preparation is acceptable if members keep an open mind
Summary
A councilor raised concerns that prepared statements might violate the council's ethics code; a speaker identified as 'Ka' explained that members may prepare but should retain an open mind until the conclusion of the hearing and that the city's code is self-enforcing.
Clemson — The City Council spent a substantial portion of its Feb. 2 meeting discussing whether councilors' prepared remarks could run afoul of the body's ethics code, prompting a legal-style explanation from a speaker identified in the meeting as "Ka."
A councilor opened the sequence by saying "there has been an accusation made that by having prepared comments we are in violation of our own ethics policy" and asked for an explanation of the code section that discusses maintaining an open mind. The councilor framed the concern as stemming from a misunderstanding of how the policy works and asked Ka to clarify.
Ka offered an extended analogy to appellate-court practice and argued the code's text requires members to "maintain an open mind until the conclusion of the hearing" and to base decisions on facts and the law presented at the hearing. Ka said having prepared materials or a draft opinion is not inconsistent with arriving at a final decision after hearing public comment and discussion: "...even after all of that research... the three judge panel would recess by themselves and make a decision." Ka also noted the council's ethics code is self-enforcing and that state ethics laws have a separate enforcement mechanism.
Councilors exchanged views about public input opportunities, the number of readings typically applied to council items in Clemson, and the practicalities of being prepared while remaining open-minded. No formal complaint or enforcement action was recorded in the meeting.
Why it matters: The exchange clarifies how councilors interpret their obligations under the city's ethics code and signals that the body expects members to gather information in advance while still basing final votes on evidence presented in hearings.
The discussion concluded without a formal vote; councilors emphasized the availability of multiple public comment opportunities before final votes.
