This story appeared in the Dallas News submitted by reporter, Michael Lindenberger who did a great job. For the purpose of this blog, there will be some editing and paraphrasing.
Here's the skinny:
The Garland City Council appointed Tracey Whitaker to represent Garland on the DART Board in 2008.
Whitaker is also an employee of Iron Mountain Inc, a DART contractor. That's a no-no because it violates DART's ethics ordinance. Whitaker is asking DART for a waiver to the ethics rules that prohibit a board member from being an employee of a DART contractor.
The Story in a Nutshell
"Some board members seemed to work overtime to take the waiver seriously without offending Whitaker, while others did not seem to have a problem chucking the ethics rules altogether." Kind of like the way our Federal Government views the Constitution. Some members of Congress take it seriously while others view it as an outdated document that is too confining and should be scratched. Same with this ethics policy.
Reporter Lindenberger wanted to ask Whitaker whether he included his DART service on his application and resume submitted to his employer, Iron Mountain. I don't believe Whitaker ever gave a straight answer. Instead he said that he never knew his employer had a contract with DART before he accepted the job. If you believe this you'll also believe in the tooth fairy. Every person I have ever known includes all relevant information on their resume, and when a person is on the Board of a large transit agency -- that's something one would make a point of including on a resume and application. Therefore, it appears that this information may have been conveniently omitted. Surely, Mr. Whitaker was familiar with DART's ethics policy .... he's not a stupid man!
"DART ethics rules flatly prohibit a board member from being an employee of a company that is also a contractor with the agency." That sounds pretty cut and dry to me, except for the back door written into this ethics policy. Here's the back door. If a super majority of the DART Board members choose to waive the ethics rules, Mr. Whitaker could continue to serve. What genius thought this up? Must have been a lawyer!
Dancing With The Stars
DART Board member, Mark Enoch, started off with a fox trot. He said he was uncomfortable granting the waiver and asked the General Counsel whether the board could instead tweak the ethics rules in a way that would allow some board members employed by a contractor to continue to serve without a waiver.
General Counsel, Hyatte Simmons followed up with the Quickstep, saying the ethics policy could not be changed without jeopardizing it's ability to receive federal funds.
Scott Carslon of Dallas and John Carter Danish of Irving got on the floor, doing a fantastic cha-cha-cha by making a point that both Whitaker and his employer could include a written pledge to the effect that neither one would discuss the DART business while Whitake remains on the Board. Carlson got the weasel award.
Ray Noah of Richardson chose to knock 'em dead with a tantalizing Tango. He wanted to know why Whitaker can't remain on the Board and refrain from voting if his employer were involved.
Jerry Christian, a Dallas appointee who also pastors a church, pointed out that this thing could easily come back and bite them in the butt (or someng to that effect). The audience began singing the Hallelujah Chorus, while a judge offered a prayer of thanksgiving that somebody on that Board has a brain.
Member, Claude Williams, a dentist waltzed his way around the stage saying that to his knowledge the Iron Mountain contract had never been discussed by the Board, and he thought Whitaker was being held to too high a standard. Imagine that folks "too high a standard." Claude wants to "lower the bar." I bet by this time Pastor Christian was asking Jesus to send reinforcements.
Garland's Mayor, Ron Jones who is also a pastor, has been informed that if Whitaker is to be removed that action can only be done by the City Council. Jones responded, "you can be sure that as Mayor this Council will do what is in the best interest of Garland."
Mayor Jones now has an opportunity to do the right thing and honor the ethics policy that is in place on the DART Board by removing Tracey Whitaker. Doing the right thing is not always easy, but then Mr. Jones already knows that. Now is the time to stand and be counted. When a Committee was formed to re-write Garland's ethics ordinance Laura Cox, who chaired that Committeee stated repeatedly that we MUST AVOID ALL APPEARANCE OF IMPROPRIETY.
We are calling on Mayor Jones and this Council to do exactly that because it's the right thing to do.