Proposal could could open door to Omaha City Council ousting one of its own

The Omaha City Council in the Omaha City Council chambers. (Aaron Sanderford/Nebraska Examiner)

OMAHA — A Nebraska lawmaker and a statewide civil rights organization have joined the chorus raising a red flag on a proposal that could empower the Omaha City Council to oust one of its own from an elected seat.

The Omaha City Council is to vote Tuesday, Aug. 6, on whether to establish a “code of conduct” that lays out a path to reporting and investigating behavior violations of council members — and for ultimately removing an elected council member.

To invoke that power of removal, the Omaha City Charter would first have to be amended. On Tuesday, the council is to vote also on a measure to place a related charter amendment on the November ballot.

ACLU, state lawmaker weigh in

Much of the criticism over the code of conduct, expressed during a public hearing last week and by others since, is that it appears targeted to the lone person of color on the council, Councilwoman Juanita Johnson, who has at times conflicted with Mayor Jean Stothert and members of her cabinet.

State Sen. Terrell McKinney of North Omaha told the City Council that while he does not oppose codes of conduct in government, he believes they should be “equitable, clearly defined, and just.”

“While this ordinance may be long overdue, its introduction at this time, considering the current makeup of the council, feels like a targeted effort against a specific council member,” McKinney said in a statement. “This should be frowned upon and not allowed.”

The American Civil Liberties Union of Nebraska lodged concerns as well, cautioning the council against adopting a tool that could be used to “censor important conversations.”

“It must be applied evenly to all those subject to it to ensure that it is not used as pretext for discrimination,” ACLU-Nebraska policy director Scout Richters told the council in a statement.

North Omaha resident Cheryl Weston was among opponents who said she viewed the code of conduct as a potential “form of voter suppression.”

“You’re taking away the vote of the people,” Weston said during a public hearing last week before the council.

Dorothy Johnson said that as an African-American woman — and a vice president of diversity, equity and inclusion for a global firm — she views ramifications of the code of conduct as “oppressive” and “scapegoating.”

Not a unique concept

City attorney Matt Kuhse said, however, that the code of conduct is not a unique concept for legislative bodies and that it is intended to create standards of behavior that council members must adhere to in their official role and in interactions with city employees.

“Having such standards of conduct prevents actions or acts that would not be in the best interests of the City of Omaha,” he wrote in a statement attached to the proposed ordinance.

The code, he said, came at the request of the City Council’s Law Committee, which is composed of council members Danny Begley, Brinker Harding and Aimee Melton.

As a result of comments during last week’s council meeting, the Law Department has proposed limiting the type of violations for which a council member could be expelled: racial or sexual discrimination; “severe and pervasive mistreatment” of city staff; conviction of a crime of violence; and having a personal financial interest in a contract or transaction under consideration by the city.

Another change calls for six of the seven City Council members, rather than five, to agree that removal from office is suitable, Kuhse said.

Under the proposed code, a council member or city employee could file a complaint to the City Attorney, which would review  circumstances along with the City Human Resources Director.

The two department heads could call for an investigation and potential punishment could range from a reprimand to, if the charter amendment passed, an ouster of a council member from office after a public hearing.

Other reasons for removal

The charter amendment that would be placed on the November ballot, if the City Council agrees, calls for two other changes related to removing a council member from office.

Those provisions have raised relatively little outcry. One calls for members to be ousted if they ceased to be residents of the council district they were elected to represent, unless the move occurs as a result of redistricting.

The second is that a council member could be expelled after missing four consecutive council meetings without being excused by the council. Currently, members lose their seat for missing three unexcused consecutive months of meetings.

Weston said the council was moving too fast and without sufficient community outreach, particularly with regard to the code of conduct.

“You’re not respecting the people when you don’t host city town hall meetings to say, ‘Hey, this is what’s coming up, this is something important and could take away your vote.”

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