Phillips: What I am doing differently following the ethics complaint filed against me
An open letter to Scottsdale residents
Posted
It is clear that campaign contributions are not exempted under the city’s ethic code, therefore, accepting campaign contributions from developers, developer consultants, vendors, bidders, and lobbyists or attorneys representing clients with a financial stake in city decision-making or permitting processes are prohibited.”
On Tuesday the 19th of May, your City Council will vote on whether to accept or reject the findings of the city’s ethics panel regarding an ethics complaint filed against me by a high-density pro-development advocate Mike Norton.
It is obvious that Norton’s complaint was politically motivated by my opposition to the 150-foot tall buildings in Old Town and my support for the Scottsdale voters’ right to have their say about it at the ballot box.
Back on May 5 the ethics panel, which is made up of three retired superior court judges, found that I did not violate the city’s ethics code.
Since I have to recuse myself in the council decision to accept or reject the findings of the city’s ethics panel, or be able to present on my own behalf, I will instead speak to the residents of Scottsdale in this open letter.
First, the ethics code specifically prohibits city elected officials from accepting gifts of any kind from anyone who is engaged in a general practice or specific situation that involves the city’s decision-making or permitting processes except those exempted in the ethics code.
The only exceptions in the ethic code are “entertainment, hospitality (including meals), transportation, and token mementos directly associated with events that an official is attending as a representative of the city.”
Simply put, City Councilmembers cannot accept gifts of any kind from anyone with a financial interest that is involved in city decision making or permitting.
Second, there was no attempt to conceal my longtime friend Sue Wood’s unsolicited GoFundMe effort which was underwritten by anonymous donors.
Just like the average interested citizen, Ms. Wood does not have any financial interest in city decisions or permitting.
The ethics panel found: “To be clear, the GoFundMe account was not hidden, and Mr. Phillips accurately disclosed the source and amount of the payments made from the account on the annual financial disclosure statement he filed in January 2020.”
Third, as required by state law and the city code, elected officials and council candidates are required to file an annual financial disclosure statement. For reporting purposes in an annual financial disclosure statement, campaign contributions are exempted as gifts for disclosure as they are fully disclosed in the election finance reports as required by state law.
However, this disclosure exemption does not apply to the city’s ethics code that forbids the “soliciting, receiving, or accepting gifts of any kind from anyone who is engaged in a general practice or specific situation that involves the city’s decision-making or permitting processes.”
Additionally, Sec. 14-135(d) of the Scottsdale code: “Gifts and other personal benefits or items of value shall not be accepted if acceptance could reasonably be construed as an attempt to exert improper influence on any municipal decision or action, or as a reward for any official action.”
Because of the ethics complaint, although baseless, I have read the ethics code several times to make sure that I am keeping faith with Scottsdale residents and taxpayers.
It is clear that campaign contributions are not exempted under the city’s ethic code, therefore, accepting campaign contributions from developers, developer consultants, vendors, bidders, and lobbyists or attorneys representing clients with a financial stake in city decision-making or permitting processes are prohibited.
Consequently, I have reviewed the donors to my campaign, and I am in the process of returning those contributions from those givers that have, have had or will have an interest in city decision-making or permitting processes.
I challenge not only my council colleagues, but those running for the council to do the same. I include those candidates running for council because if you are elected you will have a conflict in any decision involving those that gave to your campaign that have an interest in the city decision-making or permitting process.
In conclusion, I am sure that I can count on the Scottsdale voters, and folks like Jim Derouin, to support my challenge that all mayoral and City Council candidates should return any prohibited gifts and/or contributions as well.
Editor’s Note: Guy Phillips is an elected member of Scottsdale City Council.
