Council raises voting threshold to four-fifths for alleged violations of new conduct code
MIDLAND, Mich. — The Midland City Council amended its new code of conduct on Monday to require a four-fifths vote to rule that a violation has occurred.
The amendment was requested by City Councilman Steve Arnosky (Ward 3) in order to raise the bar when it came to sanctioning officials accused of violating the new rules.
Midland Mayor Maureen Donker (Ward 2) and Councilman Diane Brown-Wilhelm opposed the measure.
“You know, it’s Constitution Week. We’re here talking about Free Speech and the things that we’re allowed to do in this country, especially in front of governmental bodies, and as participating governmental bodies. And I think if you allow three-fifths, it has the opportunity to start black-balling somebody,” Mr. Arnosky said. “We talked about that this has never been brought before the Council, I’m not sure exactly why we need it then, but if we’re gonna have it, it ought to be for clear-cut situations, and making it a three fifths vote allows it to be turned into a weapon when you’ve got subjective elements in this code of conduct.”
“You know, I’ve seen some things in the last year that I’ve actually questioned, that have happened, and — I’m not going to go to specific instances — but I do feel certain people were called out when they shouldn’t have been, and maybe somebody should have said something,” Ms. Brown-Wilhelm said.
Each Member of the City Council, as well as the various City boards and commissions, is required to sign the code. The code has 16 major sections, including subjects such as acting in the public interest, complying with the law, positive workplace environment, and ensuring that Council requests of City staff go through the City Manager’s or City Attorney’s offices. It was formally adopted at the City Council’s Jan. 25 meeting.
The moved to implement a code of conduct for elected and appointed officials came after Councilman Pam Hall (Ward 1) made bombastic comments on social media late last year, falsely accusing her political opponent, Jeremy Rodgers, of being a white supremacist. Ms. Hall also said that Ms. Donker — was an “[extension] of the worst kind of male privilege and do not truly help free other women” and a “Stepford [Wife], Handmaiden’s Tale.”
Ms. Hall later made a public apology for her comments in a letter to the editor in the Daily News.
The seemingly benign argument over a three-fifths majority voting threshold and one of four-fifths amplifies the current ideological makeup of the City Council.
The City Council is comprised of five individuals who represent Midland’s different Wards and hold nonpartisan seats, however there is an ‘establishment bloc’ of members — Mayor Maureen Donker (Ward 2), Mr. Wazbinski, the mayor pro tem (Ward 5), and Ms. Brown Wilhelm (Ward 4) — whose politics lean slightly right and who tend to support the various institutional forces in town. The bloc votes together on nearly all matters.
Ms. Donker said that she opposed the idea of raising the voting threshold for alleged violations of the code because the Council generally requires just a majority vote for nearly all other matters.
“But I think — if you flip that around, you’re willing to agree to sanction somebody when 40 percent of the Council does not agree,” Mr. Arnosky said.
“I mean, that’s with every decision we make,” Mayor Pro Tem Marty Wazbinski replied.
“Yes, but this is a subjective question, right? It’s not whether we approve a Toro lawnmower, or improve an improvement to the Wastewater Treatment Plant. This has to do with human behavior, which is by its nature very subjective,” Mr. Arnosky said.
In the end, Mr. Wazbinski seemed to carry the deciding vote.
“This is a real difficult decision, because I see both sides of the issue on this one,” he said.
The vote on the amendment included a hiccup when Ms. Hall accidentally voted no. A re-vote was conducted after the Council adopted a motion to reconsider the original vote. Mses. Donker and Brown-Wilhelm voted to deny Ms. Hall the courtesy of being allowed to correct her original vote.
After a re-vote, the amendment passed 3-2 with Mr. Wazbinski providing the swing vote.
Michael Westendorf is the chairman and executive editor of Chemical City Paper. As Executive Editor, he leads the City Paper’s news coverage and editorial team.