Town of Herndon Grapples with How to Revamp Ethics Code

Updated at 9:15 a.m. on March 18 — A previous version of this story incorrectly said “Vienna” instead of “Herndon” officials. This has now been corrected. 

Some Herndon Town Council members are pushing for more robust ethics guidelines, but there’s disagreement about how best to go about doing that.

While councilmembers have agreed that revising the code of ethics is a positive step toward ensuring ethical behavior of future councils and erasing a perception that the council skirts rules, they have different ideas on what should get changed or added.

At a March 5 meeting, Councilmember Pradip Dhakal suggested borrowing from other codes of conduct, and analyzing omissions in the current code, may solve current gaps. (Councilmembers said they have been looking at the ethics codes from the Town of Amherst and Williamsburg as examples to emulate.)

Breadth and specificity dominated the March 5 debate, with some councilmembers raising concerns that trying to list every single unethical behavior could end up missing some things and creating a policy that no one would read.

For the sake of appearances, having a longer ethics code might raise some eyebrows if it’s overly detailed, one councilmember said.

“I’d be like what kind of crap is going on if they need this level of detail?” said the councilmember, who could not be positively identified on an audio recording of the meeting.

While some of the councilmembers expressed support for the current policy’s simplicity, others argued that a more in-depth code will clear up any confusion.

“We are coming from different backgrounds and sometimes common sense is uncommon,” Dhakal said. “My common sense may not be yours.”

Other possibilities floated at the March 5 meeting included defining “ethical behavior” and adding some definitions and rules that are in the state code. Creating guidelines for social media and online conduct also came up as a possible addition to the code of ethics or as a separate set of guidelines.

Vice Mayor Sheila Olem and councilmembers Cesar del Aguila and Signe Friedrichs have led the effort to revise the code.

Unethical, sketchy, and uncomfortable behavior among Herndon officials are some of the main reasons behind the push to strengthen the code. The councilmembers shared stories of unnamed former town officials who publicly berated staff, grabbed a staffer in a sexual manner, and solicited jobs from other elected officials in the performance of their official duties.

The code of ethics is currently located in Article I of the second chapter under the Herndon Town Code.

Reston Now saved you the trouble of hunting it down:

Sec. 2-5. – Code of ethics for the members of the town council and council appointed board and commission members.

(a) Members of the town council and council appointed board and commission members shall perform their duties to the very best of their abilities and demonstrate integrity, honesty, and ethical behavior in the conduct of all town business.

(b) Members of the town council and council appointed board and commission members shall treat the public, town staff and each other in a courteous manner and shall at all times refrain from abusive conduct, threatening or intimidating language or gestures, personal charges, or verbal or written attacks concerning the character or motives of other members of the town council, town boards and commissions, town staff, or the public.

(c) Members of the town council and council appointed board and commission members shall bring any concerns about the performance of a council appointee to the entire council. Concerns about the performance of a town employee shall be discussed privately with the town manager.

(d) Members of the town council and council appointed board and commission members should direct significant requests for information or discussions concerning town business to the town manager, who directs the day-to-day operations of the town and its employees.

(e) Members of the town council and council appointed board and commission members shall fully comply with the provisions of the Virginia Freedom of Information Act, Code of Virginia, §§ 2.2-3700, et seq. and the State and Local Government Conflict of Interests Act, Code of Virginia, §§ 2.2-3100–2.2-3131, as applicable.

“One of our citizens came to a public hearing and said, ‘Pass it now!'” Mayor Lisa Merkel said at the end of the March 5 discussion. “I don’t think we need to rush into it, but [we’re] making movement in the right direction and making sure it reflects what we all really want to see in there.”

The Town of Herndon is still working on the code. At the town’s public session on Tuesday (March 12), del Aguila said that the code of ethics “is certainly coming to fruition.”

Image via Town of Herndon