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HomeMy WebLinkAbout1995-090-06/20/1995-CARL MCWILLIAMS CONFLICT OF INTEREST ETHICS REVIEW BOARD LANDMARK PRESERVATION OPINION 95-5 RESOLUTION 95-90 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING THE ADVISORY OPINION AND RECOMMENDATION NO. 95-5 OF THE ETHICS REVIEW BOARD WHEREAS, the City Council has established an Ethics Review Board ("the Board") consisting of three members of the City Council; and WHEREAS,-the Board isempowered-under- Section-2-569- of the City Code to render advisory opinions and recommendations regarding actual or hypothetical situations of Councilmembers or board and commission members of the City; and WHEREAS, the Board met on June 14, 1995, to consider whether Carl McWilliams, a member of the Landmark Preservation Commission, has a conflict of interest in reviewing recommendations made on behalf of City staff by his wife, Karen McWilliams, an employee of the Advanced Planning Department; and WHEREAS, the Board has issued Opinion No. 95-5 with regard to the foregoing issue; and WHEREAS, Section 2-569(e) of the City Code provides that all advisory opinions and recommendations of the Board be placed on the agenda for the next special or regular City Council meeting, at which time the City Council shall determine whether to adopt such opinions and recommendations; and WHEREAS, the City Council has reviewed the opinion and recommendation of the Board and wishes to adopt the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Opinion No. 95-5 of the Ethics Review Board, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A," has been submitted to and reviewed by the City Council, and the Council hereby adopts the opinion and recommendation contained therein. Passed and adopted at a regular meeting of the Con f the City of ins held this 20th day of June, A.D., 1995. ayor ATTEST: � �� j oty Clerk 95-5 OPINION OF THE ETHICS REVIEW BOARD OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS June 14, 1995 The Ethics Review Board ("the Board") met on the above-referenced date to consider a question presented by Mayor Pro Tem Gina Janett, the liaison to the Landmark Preservation Commission ("the LPC"). The question presented is whether a member of the LPC, Carl McWilliams, has a conflict of interest in reviewing recommendations made on behalf of City staff by his wife, Karen McWilliams, an employee in the Advance Planning Department. BACKGROUND: The functions and duties of the LPC have been recently revised by the Council. A copy of the Code Section that contains those duties and functions is attached. Among the LPC's primary responsibilities are the designation of buildings and areas as historic landmarks and the approval of alterations to the exterior of buildings that have already been designated as landmarks. Karen McWilliams has recently been employed by the City to assist City staff in formulating recommendations as to whether particular structures or areas of the City should receive historic landmark designation by the LPC. Additionally, she will be doing a certain amount of work with the owners of properties that have already received such designation to assist in the design of alterations to the buildings. Such alterations must be approved by the LPC, and staff generally makes a recommendation as to whether proposed alterations should be approved. Carl McWilliams, Karen's husband, is a member of the LPC. The question presented is whether his independence of judgment in making the kinds of decisions referred to above will be impaired by reason of the fact that his spouse will be making recommendations to the LPC on behalf of City staff. RELEVANT CHARTER PROVISIONS: The City Charter describes two kinds of conflicts of interest: financial and personal. Clearly, there is no financial conflict of interest presented by the McWilliams' situation. However, there appears to be a significant question as to whether there is a personal conflict of interest. The Charter definition of a personal interest reads as follows: Personal interest means any interest (other than a financial interest) arising from blood or marriage relationships or from close business, political or personal associations or concerns which would, in the judgment of a reasonably prudent person, tend to impair independence of judgment or action in the performance of official discretionary duties. Ethics Opinion 95-5 June 14, 1995 Page 2 ANALYSIS AND OPINION: The Board believes that the marital relationship is the kind of "close" association contemplated by the Charter provision that creates a personal conflict of interest when one spouse is making a recommendation to the other. The City's employment policies recognize this concern in that as the policies prohibit one spouse from directly supervising another. In the context of an advisory board or commission, and its working relationships with City staff, the Board believes that the same concern exists. Admittedly, staff attempts to reach a consensus with regard to its recommendations. Nonetheless, particular staff members are assigned lead roles in formulating those recommendations. In this instance, it is Karen McWilliams who is primarily responsible for formulating recommendations with regard to the designation of historic structures or districts. Additionally, it appears that she will be, over a period of time, assuming additional responsibilities with regard to staff recommendations as to the acceptability of proposed alterations to existing historic landmarks. Those two decisions comprise a very substantial portion of the decisions made by the LPC. The Board is cognizant and very appreciative of the considerable expertise that Carl McWilliams adds to the LPC. Also, the Board is confident that Mr. McWilliams would make every effort to separate the decisions that he makes as an LPC member from any personal influence. Nonetheless, the Board believes that the marital relationship is such a close association that a reasonably prudent person would conclude that Mr. McWilliams' independence of judgment might be impaired by reason of that relationship when reviewing recommendations formulated and advanced by his spouse. Therefore, the Board believes that Mr. McWilliams would have a conflict of interest in attempting to review and act upon such recommendations. Because these kinds of decisions constitute such a large part of the business transacted by the LPC, the Board does not believe that it would be feasible for Mr. McWilliams to declare a conflict of interest on each such decision. Instead, the Board believes that Mr. McWilliams' contributions to the Board could better be made in an individual, personal capacity as a private citizen. Therefore, the Board recommends that he resign his position on the LPC so that Karen McWilliams can continue to carry out her employment duties and make recommendations to the LPC, and the LPC, in turn, may receive and review those recommendations with input from all of its members. Ethics Opinion 95-5 June 14, 1995 Page 3 This advisory opinion was reviewed and approved by Ann Azari and Gina Janett, regular members of the Ethics Review Board. Pursuant to Section 2-569(e) of the City Code, this opinion and recommendation is to be immediately filed with the City Clerk and made available for public inspection. '/ Dated this _aIday of June, 1995. Stephen J. oy, City Attorney SJR:meg ORDINANCE NO. 66, 1995 OF TBF—COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-278 OF THE CODE PERTAINING TO THE FUNCTIONS OF THE LANDMARK PRESERVATION COMMISSION WHEREAS, Section 2-278 of the City Code enumerates the functions and duties of the Landmark Preservation Commission ("LPC") of the City; and WHEREAS,the functions of the LPC have,as a matter of practice,been expanded to include services which the City Council considers to be in the best interests of the City but which are not presently listed in Section 2-278; and WHEREAS,the City Council wishes to amend the foregoing section of the Code to include those additional functions; and WHEREAS,the City Council has also determined that it would be in the best interests of the City to authorize members of the LPC to serve as City representatives on the board of directors of the Historic Fort Collins Development Corporation,the Poudre Landmark Foundations,or such other privately funded non-profit corporations that may be organized for the primary purpose of furthering the preservation of the community's historic resources. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2-278 of the City Code is hereby amended so as to read in its entirety as follows: Sec.2-278. Functions. dal The commission shall perform all duties relating to preservation of historic landmarks as set out in Chapter 14, including the designation of sites, structures, objects or districts as landmarks and the review and approval or rejection of plans for the construction, alteration,demolition or relocation of any such site, structure, object or district. Decisions of the commission are final unless appealed to the City Council. 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Introduced,considered favorably on first reading, and ordered published this 6th day of June, A.D., 1995, and to be presented for final passage on the 20th day of June,A.D., 1995. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of June, A.D., 1995. Mayor ATTEST: City Clerk