Ethics commission enjoys the absence of Cape complaints

Cape Girardeau's Ethics Commission has had nothing to do -- outside of annually electing officers -- since it was formed nearly seven years ago.

It has received no written complaints concerning top city officials and has launched no investigations of its own.

And now one of its members, James Clay Waller, has been told by the city attorney that he'll have to resign because he plans to run for Cape Girardeau County Commission later this year.

City attorney Eric Cunningham said members of the Ethics Commission are barred under the city charter from being involved in any political activity other than voting.

The seven-member board met Wednesday evening at city hall to elect new officers. Commissioners ended up keeping their current slate of officers, including chairman J.J. Williamson, who said he missed last year's meeting and wasn't even aware he was the chairman.

Commissioners spent several minutes introducing themselves to one another.

"I'll probably forget everybody's name by next year," said commissioner Steve Simmons. "We laugh about it, but it does speak well of the city," he said, referring to the lack of complaints.

But commissioners said prior to the meeting that the lack of complaints doesn't mean the board isn't needed.

Commissioners said the seven-member board was set up to investigate any signed, written complaints of ethical violations, conflicts of interest or other wrongdoing involving city council members, the city manager, chief purchasing officer, city judge and advisory board members.

But commissioners said the board isn't widely publicized and few Cape Girardeau residents probably realize it even exists.

"Not enough people know about the commission to know we haven't done anything," said the Rev. Barry Pfanstiel, who has served on the commission for more than three years. "Every year we meet in January and we laugh about it. We haven't met for a year and that is the way we want to keep it."

The commission serves as an advisory board to the city council. Members receive no pay, but must meet guidelines. Commissioners can't be city or state employees or work as lobbyists. They also are barred from being involved in politics.

Voters created the commission by approving an amendment to the city charter in April 1996. The council appointed the first seven-member commission in June 1997.

Commission members serve five-year terms. The terms of the original commissioners were staggered.

Then mayor Al Spradling III argued prior to the 1996 election that it was redundant to establish such a city board, and those duties could be handled by the state ethics commission.

But charter amendment supporters said it would safeguard both city officials and the public while providing a way to address questions of impropriety.

Commissioner Richard Hengst believes in the merits of having an ethics commission. But he said Wednesday the commission needs a broader scope that would allow it to consider complaints involving the police and fire chiefs and other city workers.

Cunningham said any move to change ethics commission duties or even eliminate the board would require voter approval.

Hengst said he gets "all sorts of calls" from city residents who have complaints, but none have followed through by filing formal complaints with the city clerk.

"I tell people how to do it and they don't do it," he said.

mbliss@semissourian.com

335-6611, extension 123