Commission member charges chair with unethical conduct in office

Linn County Commissioner Jason Hightower failed to get his fellow commissioners to discuss commission ethics in their meeting on Monday, April 14, so he left his seat and leveled charges against commission Chair Jim Johnson during the public comment portion of the agenda. (Journal file photo)

Journal staff report

MOUND CITY – At the beginning of the Linn County Commission meeting on Monday, April 14, District 1 Commissioner Jason Hightower asked that a discussion on the Kansas County Commissioner Association “Code of Ethical Conduct for County Commissioners” be put on the agenda. 

Hightower then moved to approve the agenda as presented with the addition, however, the motion died for lack of a second. Commissioners Alison Hamilton and Jim Johnson ignored the suggestion and Hamilton moved to approve the agenda as originally presented. 

Commissioner Jim Johnson

Later during public comment, Hightower left his seat at the commission table and stood at the podium to address mostly Johnson about his thoughts about the state of the Linn County Commission under Johnson.

Below is a transcript of his presentation in which he charged that Johnson violated that code of ethics:

“First, I want to say that this has nothing to do with the decision to fire Shaun West, you had the two votes that you needed to take that action.  I don't think it will surprise anyone that you didn't follow best practices as that is standard operating procedure for this committee here. Nobody can succeed under this leadership, we are a sinking ship with you as our captain. 

“Jim, you have bullied people here at this table, bullied them in the backroom, and tried to manipulate people outside of the meeting including former commissioner McCullough. Ali, I think some of the people calling you are sent by Jim. I've had it happen to me, trying to sell me on bringing up an idea, that is mostly all Jim. And then, Jim will call it up and bring it up a few weeks later trying to get my support.  

“Jim, I've had reports from some of the people whose information was shared through the KORA (Kansas Open Records Act) report from my personal phone that you and your family confronted them about my conversations with them. 

“I bet you were really hoping Danny wouldn't turn in his phone, maybe you two even planned it that way, let him fall on the sword to get you out of trouble, very noble of you.       

“I have sat up here trying to work with you for two years while you undermine the decisions made by this commission as you root for your own side to win, never moved on from being out voted, continued to attack our employees, inflated our attorneys fees with your constant bombardments, and increased our legal liability with your lack of respect for even the laws that you made.  

“This week, you crossed the line for the last time.  I can no longer sit up here silently while you spread fear, and ask people to do unlawful things as you seek revenge in public and try to cover your ass by devious back channel dealings.  I believe you have been acting on your own on these matters outside the commission without being directed by the commission to do so. 

“Jim, this pattern of behavior stops now, I'm going to come in here every week and throw it in your face until one or both of us is kicked out of office because you should never be allowed to manage anyone ever again. Nobody should have to put up with your behavior, no one should have to work for you and nothing will ever prosper under you and your constant manipulation.  We're not going to get anything done anyway but we haven’t been, so what’s the change!”

After speaking, Hightower left the room briefly but returned for the rest of the meeting.

A version of the Code of Ethical Conduct for County Commissioners that Hightower wanted to discuss hangs on the wall behind Johnson as he sits in the commission meeting.

Neither Johnson or Hamilton responded to Hightower's charges in open session.

Here is a version of that code that Hightower handed to his fellow commissioners:

Kansas County Commissioners Association

Code of Ethical Conduct for County Commissioners

Preamble

The opportunity to serve the public as county commissioner is a high honor and confers a sacred trust to the office holder. Stewardship of the public trust not only requires allegiance to the law, but also obligates a county commissioner to act in ways consistent with the highest standards of ethical conduct. 

The Kansas County Commissioners Association adopted this code of ethics as a means of promoting the vitality of the democratic process in county government. The following principles are offered to encourage commissioners to engage in ethical reflection in advance of decision-making. Ultimately, the ethical course of action for a county commissioner must be discerned by the dictates of individual conscience and commitment to the public interest. 

A county commissioner should be vigorously dedicated to the democratic ideals of honesty, openness and accountability in all public matters involving county government. 

• A commissioner should exert good faith effort to communicate the full truth about county matters and avoid structuring information so as to mislead others or gain personal advantage. 

• Accountability requires a commissioner to accept responsibility for his or her public conduct as well as the actions of the county commission, especially when mistakes occur. 

• A commitment to the spirit of open government is characterized by the broadest possible provisions for public access and information sharing, and qualified only by those instances when meetings or certain public records are shielded by state law.

• A commissioner has an obligation to report suspected illegal misconduct by another elected official to the proper investigative authorities.

A county commissioner should model decorum, respect for others and civility in all public relationships. 

• The honor of public office requires a commissioner to behave with courtesy and respect for the dignity of others in all public relationships with other elected officials; employees; citizens, media and representatives of other units of government. 

• Commissioners should affirm the value of services provided by government and maintain a constructive attitude about governmental affairs. 

• Meetings of the county commission afford a prime opportunity for commissioners to promote conduct that enhances respectful civic discourse. 

A county commissioner should actively practice stewardship of the county's human, fiscal and material resources. 

• A commissioner should conserve public resources and support the wisest and best use of those resources consistent with the public interest and community need. 

• The principle of merit should guide all of a commissioner's human resource management decisions associated with recruitment, hiring, compensation, promotion and discharge. 

• A commissioner should advocate for and encourage county employees to adopt practices that promote the most efficient, effective and ethical county services. 

A county commissioner should strive for excellence and continuous learning in personal development and in all operations of county government. 

•A commissioner, regardless of the length of tenure in office, should actively seek opportunities to develop skills and acquire knowledge in order to perform the duties of public office more effectively. 

• A commissioner should dedicate the time necessary to adequately perform the duties of the office of county commissioner. 

• As a member of the governing body, a commissioner should advocate and appropriate resources for a learning courthouse, a county work environment in which employees are given opportunities to expand their performance capacities. 

A county commissioner should perform the duties of public office with fairness and impartiality so as to enhance public confidence in county government. 

• Impartiality requires a commissioner to engage in conduct unswayed by public clamor, without fear of criticism and without seeking personal financial gain or partisan advantage. 

• A commissioner should make decisions free from the influence of family members, private business relationships, or other personal relationships. 

• A commissioner should promote county business practices that contribute to public perception of the impartiality of county decisions. 

• A commissioner should abstain from voting even if not required to by law if his or her impartiality might be reasonably questioned. 

• A commissioner should support the principle of equal employment opportunity and vigorously oppose discrimination in county operations. 

A county commissioner should neither seek nor accept any favor from any source that may be offered to influence his or her official decision making. 

• Commissioners should decline to accept anything of value that could be construed by a reasonable and informed person as intended to influence the commissioner's actions. 

• Avoiding the appearance of impropriety sustains public trust in democracy and is a necessary standard for commissioners to consider in determining an ethical course of action.