Council Skeptical of Conduct Code

One city councilwoman worries that her sex life could be deemed illegal. Another frets that the length of her skirt could be considered improper. The council president wonders whether a one-armed push-up in the council chamber could be grounds for discipline.

But Councilman Mike Feuer is undeterred: He believes there is an immediate need to impose a serious code of conduct on the council.

“There is currently no mechanism for the council to deal with a situation when conduct injures the council as a whole by a member,” Feuer told the council’s Rules and Elections Committee on Wednesday morning. “There’s a need for a code of conduct here.”

Feuer first made his proposal last month, when he publicly called for his colleague Mike Hernandez to resign because of his arrest for possession of cocaine.

Under the City Charter, council members can be removed from office if they are recalled or convicted of a felony. Hernandez, who has admitted to cocaine and alcohol addictions, entered a drug diversion program, which will allow him to avoid a felony conviction if he successfully completes treatment.

But Feuer’s proposal for a conduct code was met with some skepticism, at least initially Wednesday, by his colleagues on the committee. They took no action on it, referring the proposal instead to the city attorney’s office and the city Ethics Commission for review.

“In 32 states in this country, my sex life is illegal,” said Councilwoman Jackie Goldberg, who is gay. “That’s a very serious issue. That’s a code of conduct question.”

Councilwoman Ruth Galanter said she, too, is concerned about the actions and behavior that could be covered in such a code.

“Skirts at least knee length? Gentlemen should wear ties?” Galanter said. “I have real doubts that it’s the role of the city’s legislative structure to tell people how to behave.”

Under Feuer’s proposal, an oversight committee would be created to draft a code and, if warranted, to investigate complaints against council members.

Council members could be deemed code violators if wrongdoing is proven and if the council was “discredited” by the action, according to Feuer, who patterned the code after the one Congress uses.

Penalties could range from reprimand and censure to suspension or expulsion. The full council, by a two-thirds vote, would make the final determination on penalties.

Council President John Ferraro, who chaired the panel, expressed some apprehension.

“I think someone doing a one-arm push-up in the chamber discredits the council,” he said.

But Feuer responded earnestly: “There would be a very serious review . . . before any kind of investigation is launched.’

Still, council members expressed concerns about such a code’s ability to accommodate the normal course of social change. “In some periods of time, alcohol was illegal,” said Goldberg, who has strongly supported Hernandez. “In other periods of time, cocaine was legal--it was put in Coca-Cola. . . . I think it’s dangerous for any group to decide what the conduct ought to be.”

Further, Goldberg said the recall process is designed for these kinds of cases when constituents are displeased with their representatives.

A recall campaign is underway in Hernandez’s 1st District, where petitions are being circulated in an effort to qualify the measure for the ballot. Hernandez, who has steadfastly refused to resign, is gearing up to fight, hiring political consultant Steve Afriat this week to form an anti-recall campaign.