Proposal backed by Seattle Ethics and Elections head would mandate public disclosure, avoid foggy recusal process
Councilmember Cathy Moore (District 5) today released the following statement on a proposed update to the City’s Ethics Code. Members of the Governance, Accountability & Economic Development Committee will be briefed on the bill at 2 p.m. Thursday.
A thoughtful revision to the City’s Ethics Code has been in the works for several months now. My ultimate goal with this proposal is to strike a delicate but crucial balance. We aim to guarantee that the public is fully informed about any potential conflicts of interest, fostering transparency and accountability. Simultaneously, we must safeguard the fundamental principle of democratic representation, ensuring that all voters have their voices heard through their elected officials. In
November 2024, Seattle Ethics and Elections Executive Director Wayne Barnett expressed his growing discomfort with the current recusal requirements, highlighting a fundamental tension between the code and basic democratic principles. At that time he noted the increasing potential for our existing rules to create an uneven playing field during crucial policy debates.
I fully recognize the validity of these concerns. It’s what this new Council has witnessed firsthand since taking office in 2024 – the system isn’t functioning as intended. This has been frustrating for the legislative process. It also comes at the expense of voter representation within our district representation system.
It’s also important to recognize that Seattle’s approach to potential conflicts of interest is an outlier in both Washington State and across the nation. Our code is overly restrictive and impedes the legislative process in unintended ways. This proposed legislation draws upon the experiences of other jurisdictions to ensure best practices.
I want to reassure the public that this proposal is focused on refining our ethical standards to better serve the needs of our city and enhance transparency. I believe we need to empower residents to make the final call in our democratic process. I look forward to discussing these changes with my colleagues and the public as we consider these long overdue updates.
Background
The draft bill being heard in committee today seeks to:
- Offer additional transparency and accountability. Anything that currently falls under a conflict of interest being broadly interpreted will require public disclosure by a councilmember. Councilmembers can still choose in any case to recuse themselves.
- Strengthen our local representative democracy. The current system leaves districts open to being under-represented (in some cases with none) on important issues impacting the community. Under my proposal, councilmembers are required to publicly disclose any conflicts and voters are empowered to pass judgement on their decisions.
- Address disruptions to the legislative process. Since taking office in 2024 the new Council and Seattle Ethics and Elections Commission (SEEC) have repeatedly dealt with complaints. As Barnett noted, this has raised concerns about the SEEC putting a finger on the scale in policy debates. In their research it was noted that Seattle is an outlier when it comes to its Ethics Code requirements. It’s also why Barnett has strongly recommended the change of mandating disclosure.
- Maintain protections. The proposal maintains the current protections of requiring recusal in cases of quasi-judicial matters and direct or indirect involvement in a City contract.
In addition, the Council remains subject to another level of ethics rules at the state level.
Next steps
The proposed update will likely return for another round of discussion, and a possible vote, at a later committee meeting.
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