See Texas Attorney General Opinion JC-225
issued May 22, 2000
(the common-law doctrine of incompatibility
precludes the City Council from appointing a member of the Council to a city board)
Ethics
Advisory Opinion No. 34
October
4, 1999
Issued
By: City Attorney’s Office
Whether a City Councilmember may serve as a member of the Greater Kelly Development Corporation.
The City Clerk’s Office has asked whether a
City Councilmember may serve as a member of the Greater Kelly Development
Corporation. The following facts are presented:
The Greater Kelly Development Corporation
("GKDC") is responsible for overseeing the redevelopment of Kelly Air
Force Base as it moves from public operation to private ownership. The GKDC is
comprised of eleven members appointed by the City Council to serve for a term
of two (2) years. To that end, a member of the City Council has expressed
interest in serving on the GKDC.
The issue is whether the City Councilmember
may serve as a member of the GKDC given his position. Part A. Section 2. of the
Code of Ethics[1] states that an
"official" includes, among others, members of the City Council.
Improper Economic Benefit. As a general rule, a City official may not take any
official action that he knows is likely to have an effect on, among others, his
economic interest or the economic interest of a nonprofit entity for which he
serves as an officer. If such occurs, the City official is required to recuse
himself immediately, refraining from any further participation in the matter,
and disclose in writing to the City Clerk the economic benefit. In other
words, the Councilmember would not be allowed to vote on the yearly
appropriation of funds to GKDC because this effects GKDC’s economic interest,
but would be allowed to vote on non economic matters such as board
appointments.
Prohibited Financial Interest in Contract. Part B, Section 10[2] prohibits City
officers from having a financial interest in a contract with the City or its
agencies. Under this section, a City officer includes, among others, a
Councilmember.
To be in violation of this section, the City
officer must have a financial interest in a contract with the City. A financial
interest, includes, but is not limited to, being a party to a City contract.
Technically, City Councilmembers are not under contract with the City to
provide services. Rather, Councilmembers are compensated for their services
pursuant to Article II, Section 6 of the City Charter. Section 6 states that "[e]ach
member of the Council shall receive as compensation for his services as such
member the sum of Twenty Dollars for each meeting of the Council attended [
]." Therefore, there is no violation of this section should a member
of the City Council serve as a member of the GKDC.
SUMMARY
A City Councilmember may serve as a member
of the Greater Kelly Development Corporation. However, should an item involving
the economic interest of GKDC come before the City Council on which the
Councilmember must take official action, he must recuse himself immediately and
disclose to the City Clerk.
FRANK J. GARZA
City Attorney