Imagine, if you will, the following scenarios with Rod Serling’s voiceover:
The city council forces its members to sign a new code of ethics not codified into the Arizona Constitution, city ordinances or state law, and requires the mayor and council members to sign it. The code mandates that:
- Each council member provides visible public support for the city manager, does not undermine his/her authority and counters misinformed public criticism.
- Concerning a city or community issue, under no circumstances should the mayor or an individual council member direct or contact by any means, a city staff member. Each council member will refer all of their concerns and constituent concerns via email to the city manager to resolve or answer.
- Each council member understands that the city manager is the primary contact with the city and community and does not publicly criticize the mayor, city manager or the city.
- Each board member will not speak to the press in any way that reflects negatively on the mayor, city manager or city staff, even when they disagree with a decision or policy.
- Those who refuse to sign will be punished by the city council.
Or this:
Congress forces its members to sign a new code of ethics not codified in the U.S. Constitution or federal law. The code mandates that:
- Each senator and member of the House of Representatives provides visible public support for the president, does not undermine his/her authority and counters misinformed public criticism.
- Concerning a government or national issue, under no circumstances should a senator or members of the House of Representatives direct or contact by any means, a federal worker or secretary in the cabinet. Each senator and member of the House of Representatives will refer all of their concerns and constituent concerns via email to the president to resolve or answer.
- Each senator and member of the House of Representatives understands that the president is the primary contact with the American people and does not publicly criticize the president, secretary in the cabinet, federal agents, federal workers or the federal government.
- Each senator and member of the House of Representatives will not speak to the press in any way that reflects negatively on the president, secretary in the cabinet, federal agents, federal workers or the federal government, even when they disagree with a decision or policy.
- Those who refuse to sign will be punished by the federal government.
Both scenarios are pretty nuts, aren’t they? Reeking of a dictatorial loyalty oath? These proposed codes openly defy the First Amendment of the U.S. Constitution and the Speech and Debate Clause. These policies would mandate loyalty to the government and not to the people elected officials are sworn to serve.
Yet this is the very policy Yavapai Community College is still demanding our elected board members to sign, mandating loyalty to college President Lisa Rhine Ph.D. and refusing to question her decisions, behavior in office or policies.
College board members Toby Payne [District 3] and Bill Kiel [District 1] have already refused to sign, yet the college is pushing this again at the meeting scheduled of Tuesday, Feb. 24. Voters have every right to eject those who sign at the next election or in a recall — and probably should consider exercising their right.
Yavapai Community College board members are required to sign one — and only — “code of ethics.” It reads thusly:
“I [name], do solemnly swear [or affirm] that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of Yavapai Community College board member, according to the best of my ability, [so help me God or so I do affirm].”
Anything beyond this single oath to follow existing law and the Constitution and faithfully and impartially serve constituents is an unlawful and unethical demand for unquestioning institutional obedience.
Rhine is an unelected employee of the board, not its leader, and has no right whatsoever under state law or the Arizona Constitution to demand a loyalty oath from her five bosses. Board members who have signed have replaced their duty to voters and Yavapai County residents with loyalty to their college president above the rest of us.
Payne and Kiel were right to refuse this demand for fealty and obedience.
