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4/10/2013 12:07:00 PM
Dewey-Humboldt vice mayor upset at McBrady's failure to sign Code of Conduct

Sue Tone

According to town code, everyone who takes office in the Town of Dewey-Humboldt must sign a Council Code of Conduct. But apparently this hasn't happened, and that has upset at least one council member.

Town Code 30.015 (G) Assumption of Office states: Immediately prior to assumption of the duties of office, each Councilmember shall publicly sign the Council Code of Conduct and take and subscribe to the Oath of Office.

Town Clerk Judy Morgan confirmed that all current council members except Mark McBrady have signed the Code of Conduct. McBrady said he doesn't know why he hasn't signed it.

"I don't think I have any problems with it," McBrady said yesterday afternoon as he was reviewing the Aug. 16, 2011, meeting in which the council adopted an ordinance that threw out a previous Code of Conduct and Code of Ethics approved by council and former town manager William Emerson. The ordinance also established the current Code of Conduct. Four council members signed it in August and September 2012; newest council member Arlene Allen signed it in December.

McBrady said he was researching the matter to find out why he didn't sign the document that staff placed in his mailbox around that same time in 2012.

Vice Mayor Dennis Repan proposed a change in wording of the ordinance at the April 2 council meeting. He would like to insert wording that says any council member who has not signed the Code of Conduct cannot vote on any town matters.

Repan did not mention McBrady by name, but said a council member had not signed the document and he would like to preclude it from happening in the future. He said applying a restriction to taking office is probably not the thing to do, but wondered how to ensure that people coming into office provide a certain amount of integrity while serving the public.

Town Attorney Phyllis Smiley said, telephonically, the town set three requirements to serve on the council: age, residency, and taking the Oath of Office. She cited a recent case in Quartzsite and said Dewey-Humboldt cannot require signing a Code of Conduct in order to be on the council.

Smiley said the town can still have a Code and council members can voluntarily comply with it, but it can't be a qualification for taking office. She confirmed that, at present, if a council member did not sign the Code of Conduct, it would be a code infraction and the council could sanction the council member.

Repan said he would like to see the Quartzsite case and look at the general provisions of other towns. On April 4, Repan submitted a request form to discuss in executive session, at the April 16 meeting, with the town attorney to censure and/or sanction McBrady for allegedly violating Town Code 30-015 and possible other infractions.

In other action, the council appointed Tammy DeWitt to the Planning and Zoning Commission; and heard a presentation from Chris Bridges, administrator of CYMPO.

• Presented an Appreciation plaque to Councilman David Hiles.

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• McBrady signs document amid haggling over sanctions

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Reader Comments

Posted: Tuesday, April 23, 2013
Article comment by: wesley huntley

Such a nice Town you folks have high in the Mtns away from the triple diget heat and you have a very small amount of unrest as far as political problems go.
We down here in Quartzsite would trade some of our problems with you if you can handle them.
For instance we have a real charecter here that was forcibly removed from a council meeting because she just can't adhere to rules and the lawful conduct of council meetings. While she was removed, she claimed a ellbow injury that was possibly caused by the officer that removed her.
Now, two years later she is trying to sue the Town saying that she can know longer do her job trimming dogs.
Keep in mind that this is taking place two years later perhaps because the snowbirds have left our Town might not have something to do with it as there is no longer any business for her during the summer months.
Also we have a person trying to sue our Town because an officer put the handcuffs on too tight while placing this person under arrest.

Just think about it for awhile, do you really have so bad a Town that you want to get mixed up in unimportant things.

I think you have a great Town, probably the best in Arizona. Entertainment is tops at the courthouse, probably the best reason to visit your Town during the summer months.

Posted: Thursday, April 18, 2013
Article comment by: Larry T

I listen to the meeting on line. The mayor acted very childish when he walked out on the meeting. Then when he returned he went on about town codes that were old and out date. If the mayor wants the respect of the council he needs to earn it. It was not his place to defend Mark McBrady at the meeting. When it comes to friendship with other members of the council he needs to separate it from town business.

Posted: Sunday, April 14, 2013
Article comment by: Len Marinaccio

The sky isn't falling, folks! I'm familiar with the case in Quartzsite and Phyllis Smiley is right about it. The Council cannot prevent a member from performing the duties for which he or she was elected or appointed. The simple solution is for Mr. McBrady to sign the code of conduct and we all move on. I'd be surprised if he hasn't already. If there is an issue with this, the Council and the Town Attorney will sort it out.

Posted: Saturday, April 13, 2013
Article comment by: David Nystrom, Dewey-Humboldt

Perhaps a better response from Councilman McBrady should have been, " I don't understand why a signed copy of this document was not on file. But I can assure you a signed copy is now on file with the Town Clerk, I regret the oversight." Instead, we get a wishy-washy response that makes no commitment and leaves business unfinished, giving the appearance that some investigation is required to resolve the situation. Yet another embarrassment that reflects poorly on our Town Council. The current Code of Conduct document is an extremely watered down, weak version of the original Code of Conduct and Code of Ethics documents. Is it really that hard to just do the right thing and sign the document???

Posted: Saturday, April 13, 2013
Article comment by: russel ahrens

SAD! The joke is on you, the D-H citizens, in just another case of the unacceptable behavior of an alleged leader. When are you going to take the reins of failed governance? RECALL select leaders and/or boycott their businesses. Take control of your community in an extraordinary and passionate manner.

Posted: Thursday, April 11, 2013
Article comment by: Chris Berry

As I'm reading this story I notice that there is a simple solution to this problem and if it were implemented there wouldn't be what has every appearance of being or becoming a biased witch hunt, (Not only on Dennis Repan's part but also Sue Tone's reporting). Mark McBrady, if he has integrity and ethics, should just sign the code of ethics and be done with it. He states that he has no problem with it. So why all the hoopla? If he refuses to sign it, then you have a story.
There was no need to go public with an easily reparable and possible paperwork error or oversight before giving Mr. McBrady the opportunity to comply. The cart is being put before the horse. I as a constituent and a consumer demand that my government and the newspapers are fair and impartial and do not misuse their positions to prematurely and publicly slander or condemn someone. Once again, Imbecilic Dewey-Humboldt politics makes the newspaper and gives the rest of the town an undeserved black eye.

Posted: Wednesday, April 10, 2013
Article comment by: nothing new

The three ring circus continues on. No wonder no wants to serve on the council except the same old group. This town is doomed

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