Oklahoma City's MAPS controversy causes officials to walk a

Journal Record, The (Oklahoma City), Nov 4, 2009 by Brian Brus

Whether in favor or opposed, those with a stake in the Dec. 8 MAPS 3 bond election must walk a fine line between official duties and political activism.

Mayor Mick Cornett serves as an elected official who represents all of Oklahoma City's residents and the chairman of the pro-MAPS 3 campaign committee. Phil Sipe, the chairman of the Not This MAPS Coalition, is on the city's payroll and a union official.

On one hand, city policy forbids the use of public funds, property and personnel for political advocacy. On the other hand, "being mayor is a 24/7 deal," Cornett said.

"I have to do what's in the city's best interest, and doing everything I can to help MAPS 3 pass is in the city's best interest," he said.

At the top of the city's most recently published informational flyer about the $777 million MAPS 3 tax issue, Cornett is quoted: "MAPS is about creating jobs, improving our quality of life and continuing our momentum."

Those words were chosen carefully, said Kristy Yager, the head of the city's public information office. The phrasing does not inherently advocate a vote in favor of MAPS 3, because if the issue passed it would, indeed, continue the momentum of a penny sales tax otherwise set to expire and it would create jobs - at least during construction. And few would argue that a new park, fixed-rail transit system, sidewalks, convention center, trails and senior wellness centers would not improve the quality of life.

The rest of the flyer outlines specific details of MAPS 3, without bias. The first MAPS project in 1993 set a penny sales tax for about five years to raise money for projects such as building the Ford Center, Bricktown Ballpark and the Ronald J. Norick Downtown Library. The second issue, dubbed MAPS for Kids, focused on local school improvements, mainly rebuilding or renovating all 75 buildings in the Oklahoma City Public Schools District.

If MAPS 3 is approved with a citywide public vote Dec. 8, the sales tax collections will begin April 1, 2010, the day after the end of the sports facilities sales tax that voters approved in March 2008.

Yager said City Hall has the responsibility of providing the best information possible to help citizens make informed decisions without advocating a position. So her staff must also keep politics in mind while preparing the city's public programming on Channel 20.

"When we produce the Mayor's Magazine (show), we want to make sure it's free of outward advocation. And that would include making sure there are no 'Vote Yes' buttons or posters on the set, for example," she said. "We treat the city Web site the same way."

And Cornett said he would not use the television show as a platform.

"We have policies against it," he said. "We also don't allow people to politick on the horseshoe (during City Council meetings) or when we're conducting business. It just seems that you could have your meeting hijacked."

Marilyn Hughes, executive director of the state Ethics Commission, said the advocacy issue is a local matter guided by city ordinances. Oklahoma City Deputy Municipal Counselor Diana Lewis confirmed that council members' political activities are not expressly prohibited by state statutes.

Statutes do provide some guidance, Lewis said, in regard to disallowing the use of public funds, property, time or personnel on personal matters. Lewis would not provide additional perspective on the issue because it would be a legal opinion to a third party, she said.

City Clerk Frances Kersey said Cornett is not proscribed from serving on the Yes For MAPS Coalition as a volunteer on his own time.

"He's not using city equipment, supplies or anything," she said.

Cornett's situation isn't unique. Sipe, the chairman of the oppositional Not This MAPS Coalition, is also president-elect of the International Association of Firefighters Local 157 and a city employee. Although he tries to keep all his anti-MAPS 3 efforts separate from his job, Sipe said, "I also represent these guys (firefighters) 24 hours a day, much like the mayor."

Cornett said clearly identifying when his private time begins and city representation begins is best handled on a case-by-case basis.

"It's kind of unique and difficult to define you're asking me to define it," he told The Journal Record. "You never stop being mayor. And I'm just relentless in promoting the city and pushing forward."

And other city officials said Cornett's speaking engagements at events sponsored by the Greater Oklahoma City Chamber aren't a problem, either. The chamber, which is the lead promoter of the MAPS 3 issue, receives about $900,000 annually for economic development on the city's behalf. But the use of those funds is clearly outlined in a contract between the parties; the money cannot be used on the MAPS 3 campaign.