Inquiry Report Agrees With LOVE: "Oro Valley Should Adopt A Code Of Ethics"

"Nearly all of the inappropriate conduct alleged by Employees A, C, and D took place many months ago, in most instances more than a year ago. The Town responded appropriately by counseling the Councilmember orally and in writing, and by implementing protocols that minimize direct interaction between the Council and employees."

That is the conclusion of the inquiry into the complaint filed by Oro Valley Economic Development Manager Amanda Jocobs against Council Member Mike Zinkin. (Source: February 14, 2014 Letter to the Town Of Oro Valley from Laura Lawless Robertson, attorney with Squire Saunders, Phoenix)

A vindication of Council Member Zinkin? No. Simply a recognition that what happened was long in the past, was acknowledged, was properly dealt with by the town and Council Member Zinkin. End of story?  Not quite.

The report identified four areas where the town can do a better job of improving working conditions for its employees. These include:

• Adopting a voluntary Code of Conduct for the Town Council; 
• Implementing in-person harassment training;
• Continuing to implement protocols that minimizing direct interaction between Town employees and council members; and
• Revising and clarifying personnel policies

Once again, LOVE is "leading edge." A year ago we recommended that the town create a code of conduct. In fact, in September of 2012, John Musolf wrote a letter to all member of council asking them to put this item on the agenda.  They did not do so.

Our recommendation stated that the code should be applied to not only council, but also to members of voluntary boards and commissions.  And how about town employees.  Should their use of foul language in any situation be tolerated?

Simply, we felt at that time and today, that a code would have prevented:

• Council Member Joe Hornat from "beating up" on Attorney Tobin Rosen at a council meeting.
• Oro Valley Planning and Zoning Commission Member Don Cox from rebuking 2 sitting council members at a formal commission meeting.
• A town employee from swearing at an elected official
• Elected officials from instigating and leading a recall effort against another council member for spurious, diminimus reasons.

"The Code may also include a pledge to resolve personal disputes among Councilmembers in as discreet and professional a way possible, to avoid the appearance of political motives tainting the integrity of the office or the political process," notes the report.

Do you think its time for Oro Valley to adopt a code of ethics?
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Hornat's Emnity Toward Town Attorney Rosen Is Puzzling. Hornat's Reprehensible Behavior Is Troubling.

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Council Member Joe Hornat wants to rid of the town of the services of Town Attorney Tobin Rosen.  He made that quite clear at last week's council meeting.   View the video of of his discussion of Tobin Rosen's retirement as Town Attorney for Oro Valley  Clearly, this is personal.

Imagine, if you will, telling your employer that you plan to retire. Then, having that employer tell you to pack you things and leave.  Essentially, that is what the four on Council did.

One wonders: Why?  Why treat Attorney Rosen in this manner?  Why give him the "bums rush" under the guise that its good management policy to remove people from their job when they announce their retirement.  This is not a "best practice" in management. This is simply thuggery.

The harshness and the lack of sensitivity that Council Member Hornat demonstrated toward Attorney Rosen was astounding.  It is yet another example of why Oro Valley needs a code of conduct.


Council Member Hornat's behavior is reprehensible.  The tenor of his remarks and his dismissiveness of Attorney Rosen is insulting to the residents of this community. We expect a higher standard of behavior from anyone who represents the Town or Oro Valley.

At the end of the meeting, Hornat  just couldn't leave "well enough alone." They had, after all, already relieved Tobin of his job.  Still, Hornate requested that Tobin's employment situation be on a future agenda.  Council Member Hornat is "like a dog with a bone."  He just won't give it up.

One wonders: What makes someone who was elected by the citizens of Oro Valley think that this type of behavior is acceptable?

One wonders: Why are they after Tobin?

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Speed In A Construction Zone In Oro Valley-It Will Cost You!

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Last night, the Oro Valley Town Council voted for double fines for speeding in a construction zone.  This brings town fines in line with state law.  The fines double only when workers are present.

In other items, the council approved to rescind its agreement to fund TREO since TREO no longer requires municipalities to pay for membership.

During the call to audience, resident John Musolf voiced the need to the town to create and publish a "Code of Ethics".  Resident Bill Adler asked that the council consider that public input be added to fast track project approval process which will be considered by council at the next session. This process applies to Innovation Park construction projects.
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Oro Valley Needs A "Code of Principle- and Ethics-Centered Government"

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Oro Valley needs a "Code Of Code of Principle- and Ethics-Centered Government".   Marana has one, passed in 2009.  The City of Tucson in considering one.   Many municipalities have one.  Major businesses have one.  Why not Oro Valley? After all, Oro Valley is a big business.

That's not to say that Oro Valley doesn't have any documented ethics codes. They do, buried piece by piece in various documents, one to which refer shortly.

Yes. We think that Oro Valley should have a Code of Principle- and Ethics-Centered Government; a single document that that is the sole source of information regarding the ethical behavior expected of our elected officials, our appointed officials, our employees and our suppliers or service providers.

Why?

Simply read our postingarding Commissioner Cox' rebuke of two Council Members at a Planning and Zoning Commission meeting. The fact that the Commissioner had his facts wrong regarding the events, as verified at this week's council meeting by Dave Williams, Oro Valley Planning Division Manager, doesn't matter.

It was Oro Valley Development and Infrastructure Department that asked these Council Members to help them by supporting a change of sign code violation fines. It was not the other way around. It was Oro Valley Development and Infrastructure Department that requested the special Planning and Zoning Commission meeting to discuss this and other items. It was not the other way around.

The point is: Commissioner Cox should not have rebuked anyone at this meeting. He should not have made unsuported accusations.   Especially in that he was the "chair" of the meeting. That said: Had their been an Oro Valley Code of Principle- and Ethics-Centered Government, it likely would have included rebukes of third parties as a "no-no."

Oro Valley does have something with which to start. It is called: "Considerations For Service On Town of Oro Valley Boards, Commissions, Committees, and Other Volunteer Public Bodies" (Source: Appendix C of Parliamentary Riles and Procedures Code of Conduct).  The document, which is not readily available, begins to speak to the behavior expected of appointees:

"It is expected that an appointee who disagrees with fellow public officials, decisions of the Town Council, Town administration, the decisions of his or her own public body or the decisions of other boards, commissions, committees and other volunteer public bodies will do so constructively, based on facts, consistent with applicable law, and avoiding personal attacks, misleading statements or unsupported accusations." (Item 4)   Seems to us that the principles stated therein should also apply to Council Members.

The effort of creating an Oro Valley Code of Principle- and Ethics-Centered Government will bring clarity of expectations to our elected officials, our appointed officials, our employees and our suppliers or service providers; because, if this document is properly developed, it will be created from the "bottom up" and the "top down".  The simple exercise of talking about principles and ethics will bring about a better understanding of the behaviors we expect.
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