Councilman Whyte Found in Violation of Ethics Code, Required to Attend Training

Friday, August 16th, 2024

District 10 City Councilman Marc Whyte Found in Violation of Ethics Code

City Councilman Marc Whyte of District 10 has been found in violation of the city’s Code of Ethics. An Ethics Review Board ruled late Wednesday that Whyte utilized his position inappropriately by intervening in a family law dispute earlier this year in April.

Ethics Violation Complaint

The ethics violation complaint was lodged by attorney Martin Phipps in May. According to Phipps, Councilman Whyte exerted his authority to involve law enforcement in an ongoing family dispute in violation of the city’s Code of Ethics.

Violation of Five Provisions

The initial complaint alleged that Whyte’s conduct violated five provisions of the city’s Code of Ethics, including conflict of interest, unfair advancement of a private interest, prestige of office and improper influence, public property, and resources. However, only four provisions were certified to go the Ethics Review Board.

Public Hearing and Findings

A nearly four-hour long public hearing took place in July, during which Whyte and Phipps presented their cases. A 6-1 vote determined Whyte was in violation of three out of four of the provisions of the city’s Code of Ethics he was allegedly in breach of. Consequently, the Ethics Review Board issued Whyte a letter of reprimand and mandated he attend ethics training.

The Incident

The violation issue originated from an incident on April 26 when law enforcement visited Phipps’ residence in response to a complaint. The complaint alleged that a juvenile at Phipps’ home was possibly in danger. It was subsequently revealed that Councilman Whyte, upon receiving a phone call from his wife concerning the matter, had directly contacted law enforcement officers.

Unwarranted Use of Official Position

The Ethics Review Board criticized Councilman Whyte’s engagement with Chief of Police William McManus as an unwarranted use of his official capacity. It was pointed out that direct correspondence with the police chief, especially at late hours, is not a standard protocol among city council members. This direct engagement circumvented the standard 911 emergency call procedure, raising questions about Whyte’s decision-making and use of his position.

Questionable Texts to McManus

Chief McManus received a text from Whyte following the police’s arrival and investigation on site, stating: “I really hope something doesn’t happen” and “I can’t believe your guys left”. These texts indicate Whyte’s incredulity of the outcome and imply his belief in his right to question the course of police work.

Outcome and Follow up

Despite the decision by the Ethics Review Board, Whyte maintains he did nothing any other city member couldn’t have done. Some, including the Mayor Ron Nirenberg, believe that the punishment is sufficient and there is no need for further action. The case has nonetheless highlighted the need to review and strengthen the enforcement tools available to the Ethics Review Board.