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IS SAN BENE FINALLY READY FOR A CODE OF ETHICS?

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By Joe F. Rodriguez
Special to El Rrun-Rrun
“Ethics in Open Government” is a “Sine Qua Non” for Success!

Three years ago on June 2013, I wrote a follow-up editorial to a January 2013 guest editorial regarding the City of San Benito’s violation of “City Charter Article VIII GENERAL PROVISIONS
Section 8.01. Conflicts of Interest” (aka: Ethics Ordinance).

The Section specifically states: …. “a) Conflicts of Interest. The use of public office for private gain is prohibited. The City Commission shall implement this prohibition by ORDINANCE.”

To this date, the “Ethics Ordinance” was on the agenda for discussion at the March 2, 2013 City Commission Workshop at the Rancho Viejo Resort & Country Club and on the March 5, 2013 City Commission Regular Meeting (where it was tabled because the ordinance needed further review/editing). Mr. Lara again placed it on the agenda of the workshop held on Monday, July 15, 2013.

The topic was not even discussed since no Commissioner was willing to discuss it; again, more time was needed.Why should you care about an ethics ordinance and the compliance to the Home Rule City Charter?

The voter-adopted City Charter is the medium through which the citizens of San Benito limit and control the powers and responsibilities of their City government. The City provides many services through responsible use of taxpayer dollars. If the Charter provides the opportunity for “accountable
leadership”, the City can improve the quality and quantity of services delivered to the public.

The City Charter is the “Constitution” for the City. Just as the United States Constitution serves as the “supreme law of the land” for our country, the San Benito Charter serves as the basic tenet or set of rules for our City government. The San Benito Charter limits City officials in much the same way that the Constitution constrains the officials of the federal government. They are not allowed to pass any law or act in any way the Charter prohibits.

The Charter establishes the boundaries that San Benito’s taxpayers have imposed upon their City government. It is the source of the City’s system of checks and balances, prescribing the relationship between the two branches of government: the Mayor and the City Commission and the interaction of the City Attorney with both. The Mayor’s authority to recommend policies and the Commission’s power to enact policy are all established by the Charter as the City’s basic law.

On May 6, 2017, the City of San Benito will be holding an election where four City Commission positions are up for grab – three in the regular election and another in a special election. In view of the fact that after five years of pending action on the proposed Ethics Ordinance with no action taken and as an ardent proponent of “Open Government and Transparency”, I would proffer that voters support candidates who promise to support the adoption of an Ethics Ordinance as mandated by the voter-approved City Charter.

The City Commission has become a politician’s fief which, in my opinion, individual pettiness and self-imposed political boundaries have superseded “Common Sense Governance”. Seriously, How much time do you need to read, understand, and vote “Yes or No” on an ordinance?

Again, Ethics is a “Sine Qua Non” for open government. As my late friend, Mark Cassidy, used to say “Reform San Benito”!


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