Ethics Advisory Opinion No. 26
June 16, 1999
Issued By: City Attorney’s Office
Whether an individual who sits on the Greater Kelly Development Corporation may lobby members of the City Council.
A question has been posed as to whether a member of the Greater Kelly Development Corporation may represent a client before the City Council. The following facts are presented:
Resolution No. 96-03-01, passed and approved on January 18, 1996, established the creation of the Greater Kelly Development Corporation ("GKDC"). The GKDC is responsible for overseeing the redevelopment of Kelly Air Force Base as it moves from public operation to private ownership. A member of this board has lobbied members of the City Council on behalf of a client regarding a concession contract, an issue unrelated to those before the GKDC.
The issue is whether a board member may lobby members of the City Council given his position on the GKDC. Although Part A. Section 2. of the Code of Ethics states that an "official" includes, among others, "members of all boards, commissions (except the Youth Commission whose members are minors), committees, and other bodies created by the City Council pursuant to federal or state law or City ordinance, including entities that may be advisory only in nature," a member of GKDC is not subject to the standards of conduct as set forth in the Code. He must, however, adhere to Chapter 171 of the Texas Local Government Code, pursuant to Section 4 of Resolution No. 96-03-01.
Under this chapter, a member of the GKDC is a local public official as defined therein. As such, he must refrain from taking official action on any matter in which he has a substantial interest. Should one arise, the member must recuse himself and file an affidavit with the GKDC’s official record keeper. There appears to be no violation in the instant case because the issue for which the member represented his client was not one before the GKDC. Therefore, no official action was necessary.
Lobbying. Under the Ethics Code of the City of
Under the Ethics Code of the City of
FRANK J. GARZA
 Currently codified in Ethics Code Section 2-42(u)
 Currently codified in Ethics Code Division 5 (Lobbyists) Section 2-63
 Currently codified in Ethics Code Division 5 (Lobbyists)
 Please refer to Division 5 (Lobbyists) for the current requirements as the section on Lobbyists has been substantially updated since this opinion was written.