HomeMy WebLinkAboutReport - Read Before Packet - 7/26/2016 - Power Point Presentation From Carrie Daggett Re: Resolution 2016-058 Approving Ethics Opinion 2016-11
Resolution 2016-058 approving Ethics Opinion 2016-1
City Attorney Carrie Daggett
July 26, 2016
Ethics Review Board
City Code Section 2-569 establishes the Ethics Review Board:
• The Board is authorized to hear complaints regarding
Councilmember or board/commission member ethical violations;
• The Board is authorized to consider any inquiry from a
Councilmember regarding how state or City ethics provisions
apply to actual or hypothetical situations of Councilmembers or
board/commission members.
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Ethics Inquiry Under Consideration
June 27 - Councilmember Campana Inquiry RE:
• the extent to which a member of a City board or commission
(together referred to as “boardmember”) may take action as a
private citizen (and not as a boardmember) to influence the
decision of his or her board after declaring a conflict of interest in
that decision. The pending inquiry also requests review of the
question as it relates to City Councilmembers.
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City Charter Article IV, Section 9(b)(3)
. . .
(3) Interests in other decisions. Any officer or employee who has, or
whose relative has, a financial or personal interest in any decision of
any public body of which he or she is a member or to which he or she
makes recommendations, shall, upon discovery thereof, disclose such
interest in the official records of the city in the manner prescribed in
subsection (4) hereof, and shall refrain from voting on, attempting to
influence, or otherwise participating in such decision in any manner as
an officer or employee.
. . .
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City Charter Article IV, Section 9(b)(1)c
(1) Sales to the city. No officer or employee, or relative of such officer or
employee, shall have a financial interest in the sale to the city of any
real or personal property, equipment, material, supplies or services,
except personal services provided to the city as an officer or
employee, if:
. . .
c. in the case of services, such officer or employee exercises any
supervisory authority over the services to be rendered to the city.
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Ethics Opinion 2016-1
Opinion 2016-1:
• Interprets Charter to address only actions “as an officer or
employee”
• Recommends development of Code language to clarify proper
board/commission member actions (with an exception process)
• Recommends development of Code language to clarify limitation
on Councilmembers representing persons or interests
• Narrowly interprets Charter prohibition on sales of services;
recommends Charter clarification
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Next Steps
Ethics Review Board recommends:
• Further Board recommendations re specific Code language
• Consideration by Council of possible Charter clarification re
prohibition on sales to City
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