Pueblog USa
Monday, October 08, 2007
Personal and Private and Financial
Last week Susan Pelto tweaked the City Council…
...about any property or business interests they might have in the Old Historic Northside Neighborhood. Mr. Jagger, the City’s contracted attorney, promptly pointed out that the Council Members were not obliged to answer the questions. Only one Council Member responded.
The question has to do with the City’s Code of Ethics and what constitutes an interest that would keep anyone on a Board, or Commission, or Council, from voting on or participating in a discussion of, some issue before it. In the “definitions” section of Title 1, Chapter 9 of the City’s Ordinances, a “financial interest” is defined. However, later in the document we find this statement:
1-9-7:
(c) A member of the City Council who or whose family has a personal or private interest in any matter proposed or pending before the City Council shall disclose such interest to the City Council and shall not vote thereon and shall refrain from attempting to influence the decisions of the other members of the City Council in voting on the matter.
Notice we’re now talking about personal or private interests. Neither is defined in Chapter 9, nor in Colorado Statutes. Nor in the online Legal Dictionary. However, the Legal Dictionary does define “interest:”
interest n. 1) any and all, partial or total right to property or for the use of property, including an easement to pass over a neighboring parcel of land, the right to drill for oil, a possibility of acquiring title upon the happening of some event, or outright title. While most often referring to real property, one may have an interest in a business, a bank account, or any article. 2) the financial amount (money) paid by someone else for the use of a person’s money, ... 3) one’s involvement in business or activities or with an individual which is sufficient to create doubt about a witness being objective—-damaging his/her credibility—-or it is sufficient connection to give a person “standing” (the right based on interest in the outcome of the lawsuit or petition) to bring a lawsuit on a particular matter or act on behalf of other people.
So this is the deal: Some folks who serve on boards, etc., that will be considering the Parkview PUD were sent notices of the hearing because they live within 300 feet of the proposed boundaries. Does that mean they are automatically presumed to have the wrong kind of “interest” in the proposal and should therefore recuse themselves from taking action? Or are we to figure that they were appointed or elected to reflect the interests of the folks in those areas, and should vote?
What about business relationships? Parkview is one of the largest employers in town, and it has contracts with many businesses in town. Almost everyone has a relative, a neighbor, or a friend who either works for Parkview or does business with them. Nearly everyone in town sees a doctor who does business at Parkview. Is everyone who is going to hear this proposal supposed to recuse him or herself? Where exactly do you draw the line?
Let’s look at something else. Some of the organizations that received the notices are not-for-profits. The people who serve on their boards do not get paid (usually), so do not have a financial interest. However, does that fact allow those folks who are, say, on a church board and on a City board to vote, even though they have assumed the same responsibilities towards the not-for-profits groups that paid board members do for for-profits?
Finally, the Code of Ethics mentions that employees, officials, etc., should wait six months before taking a position where their “special” knowledge might benefit the new employer or sponsor. What about positions you left immediately prior to taking on a City post? Are they not seen as influencing decisions also? People frequently cycle on and off and on again the same volunteer and paid boards. Is this a legal consideration when deciding whether or not to recuse oneself?
Next entry: Planning & Zoning Commission Meeting — 071010 Previous entry: Economic Impact of the Pueblo Convention Center