This North Smithfield Code of Conduct is perhaps the most ill-conceived and poorly executed policy I have seen in my many years of observing our town government. These regulations are beyond ludicrous – who exactly is to determine what constitutes “respectful discourse,” (or be) the arbiter of treating “every person fairly and with respect?” Will Town Council meeting agenda items and related votes around the comportment of those controlled by this Code of Conduct become commonplace, or will these determinations be made in executive session? How specifically will “disrespectful, abusive and/or threatening manner towards members of the community, other elected or appointed officials, the Town Administrator or Town Staff” be deduced? Are not the clause “expected and required” and statements “covers all of their actions and communications whether spoken or written including but not limited to all electronic communications including social media”; “In the event that any member declines to sign the form, that fact shall be noted by the Town Clerk on the form”; and “The North Smithfield Town Council will monitor compliance with this Code of Conduct Policy for the purpose of considering enforcement provisions in the future” essentially threatening, and as well – for the last two – punitive? Who primarily wrote this cacophonous mess of a Code of Conduct? Was it the same Town Council member who held a private meeting with the attorneys representing a local business mired in litigation with our town, in essence violating the Code of Conduct provision III – i?
I have served on many town of North Smithfield boards and commissions over the years. If I was serving currently, I would immediately tender my resignation – any individual regulated by the North Smithfield Code of Conduct has now substantially become a “duck in a shooting gallery,” open to taking direct shots from anyone so inclined but largely unable to defend themselves, lest their responses be deemed disrespectful or abusive. This reality is unacceptable, and I therefore request that a majority of the North Smithfield Town Council consider rescinding this absurd manifesto.
I submit that for many North Smithfield residents, the thought police are not welcomed in this town, state or country – we are “the land of the free,” bound only by the detailed restrictions beyond our First Amendment to the United States Constitution. This Code of Conduct is an embarrassment to North Smithfield – what’s next? Will stockades be erected on town hall grounds, to be used as punishment for those determined to be in violation of the Code of Conduct? Sound crazy? Well, look where we are…
Tony Guertin
North Smithfield
Editor’s note: The above references a councilor attending a private meeting, about which more information can be found here. The councilor has recused on all matters related to the proposal by Material Sand & Stone as an abutter to the subject property, clarified that all abutters were invited to attend such meetings, and said she did so as a private resident and not in her official capacity.
The complete Code of Conduct adopted by the North Smithfield Town Council unanimously on July 21 can be found below.
CODE OF CONDUCT POLICY
FOR TOWN ELECTED AND APPOINTED OFFICIALS
I. PURPOSE
The Town recognizes that all individuals elected and/or appointed by the Town must
maintain and enforce respectful discourse with their fellow elected and/or appointed
members, with those who work for the Town, those who volunteer their time and services
on behalf of the Town and members of the public by striving at every meeting, forum or
other official interaction to treat every person fairly and with respect regardless of any
differences of opinion.
This Code of Conduct provides guidance on the standards of behavior that are expected and
required from all elected and appointed officials, with the objective of enhancing the
effectiveness, credibility and accountability of all elected and appointed officials of the
Town
II. APPLICABILITY
This policy and all its sections shall apply to all elected and appointed officials acting on
behalf of the Town and covers all of their actions and communications whether spoken or
written including but not limited to all electronic communications including social media.
III. CODE OF CONDUCT
As such, the North Smithfield Town Council adopted the following Code of Conduct to
encourage public confidence in the integrity of local government and its fair and effective
operation.
i. All Town elected and appointed officials are expected to act honestly,
conscientiously, reasonably and in good faith at all times having regard to their
responsibilities, the interests of the Town and the welfare of its residents and in a
manner to maintain public confidence in our local government.
ii. The Town elected and appointed officials must refrain from communicating or
acting in a disrespectful, abusive and/or threatening manner towards members of
the community, other elected or appointed officials, the Town Administrator or
Town Staff.
iii. The Town elected and appointed officials should refrain from publicly discussing
Town matters that are pending or are expected to be filed before their board or
committee.
iv. Additionally, all elected and appointed officials of the Town must comply as fully
as possible with all applicable laws, including, without limitation, the following:
· The Open Meeting Law
· Procurement Laws
· Title 36 – Public Officers and Employees Chapter 36-14 – Code of Ethics
IV. DISTRIBUTION AND EDUCATION
· The Town Clerk shall provide a copy of this policy, the Rhode Island Open Meeting
Act, and the Rhode Island Code of Ethics to all elected and appointed officials upon
its issuance and upon the subsequent appointment or re-appointment of any
individual.
· Each individual shall sign a statement that they have read this policy and will comply
with all requirements set forth in this policy. In the event that any member declines to
sign the form, that fact shall be noted by the Town Clerk on the form.
V. COMPLIANCE WITH CODE OF CONDUCT
A. Generally
The goal of this Code of Conduct Policy is to raise awareness and encourage
compliance, rather than enforcement penalties. The North Smithfield Town Council
will monitor compliance with this Code of Conduct Policy for the purpose of
considering enforcement provisions in the future
I agree that the code of conduct was it cost a waste of time, especially now that they removed any kind of enforcement power. It is basically a woke sign saying be nice to each other.
That said leave it to Tony to get offended. He is more sensitive than a woke 20 something. Get over it! It’s a worthless piece of paper. If TC needed to go through the exercise in order to move on to more productive things then so be it. I hope they enjoy that warm feeling that they accomplished something. Now I hope they will be able to deal with more important issues going forward.
PS there’s no truth to the rumor I started that they were installing a blackboard behind administrative row in the town hall so that people found in violation of the code can write 100 times on the blackboard what they should not do in the future.
I think that the blackboard is a wonderful idea and could think of two sitting TC members that could benefit: one has called into local radio shows and has spoken very crudely about immigrants and the other reports that he takes notes about what people say and then votes against them to be selected for a committee. He has even called a place of employment to intimidate an individual. Now, if those actions do not require any repercussions, not sure what might. Do anonymous letters even rise to the occasion?
Thank you Lazarus….are you running again? This is special coming from you. I agree, it may as well be rescinded, because now there is nothing to prevent the bullies and “anonymous” letter writers from continuing in their uncouth behavior.
Taking a look at the discourse in the comment sections here and on the VB, I would say yes
Who knew treating people with respect was such a bad thing. Who knew not calling people names was a bad thing? Even one of the council members you agree with is paraphrased with people shouldn’t be calling people names, then breaks their own view by insulting townsfolk by calling them names. Maybe the town wouldn’t be in such a mess if people in charge were more respectful to eachother and to the people of this town. There are codes of conducts that people sign when elected or appointed to positions, not just here but around the country.
Really! Come on. Do you folks really need an ordinance to behave like civil human beings?
Some people need it more than others, as you can tell by the person who wrote this.
Lol! True! With the prime example above, being, an empty, cruel, accusation against a member who recused themself, when only gathering info, that is proof of why such a calling for respect is needed in the biggest way! No need for schoolyard bullies. Long overdue.
Moral turpitude. My city has such a code and if anyone gets mistreated one too many times, out the door. 2 young city employees were let go due to biased behavior against one resident, for several yrs, this past yr. Quietly, efficiently, without fanfare. That’s what runs a town. No place for ugly. Personnel records sealed. And if you think this concept is new, think again. More and more cities have had it in place. Companies too. But like I have said before, anything new is balked at, criticized, run to the ground in NS, so no wonder nothing gets to fruition. It has been the culture, and it has to change. Learn to agree to disagree, constructive criticism, the children are watching and learning from the adults.