Ethics
Advisory Opinion No. 59
April
29, 2002
Issued
By: City Attorney’s Office
Whether a
member of a City Commission may promote an event sponsored by a client before
the Commission and/or City staff providing support to the Commission.
A member of a City Commission has asked
whether he may promote an event sponsored by a client before the Commission
and/or City staff providing support to the Commission. The following facts are
presented:
A member of the San Antonio Convention &
Visitors Commission ("Commission") is also the owner of an area
business that provides consultation, direction, and marketing of event
services. Currently, he is under contract with an association to promote an
upcoming event, a contract that he has held for the previous two (2) years. The
contract provides, among other things, that the member interface with City
staff providing support to the Commission, in an effort to increase awareness
of the event.
The Commission is comprised of 27 members
appointed by the City Council and has several subcommittees, including, but not
limited to, the Multicultural Marketing Committee. The duties of the Commission
are to, among other things, advise the Director regarding objectives for the
Bureau and evaluate all current and proposed programs. The individual also
serves on the Commission’s Multicultural Marketing Committee
("Committee"). This Committee is charged with attracting conventions
of diverse attendees and works closely with the Public Relations Visitors Sales
Division "to increase local awareness and importance of . . . Hispanic
meetings, conventions, and leisure visitors."
The issue is whether a member of this City
commission may represent a client before the Commission and/or City staff.
Members of Boards and Commissions that are created by the City Council are City
officials under the Ethics Code and subject to the standards of conduct
thereunder.
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 his client. Should such occur,
the 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 accordance with this rule, if an issue involving
his client requires action by the City official in his position as a member of
either the Commission or the Committee, he must recuse himself from any and all
discussions, and disclose the matter to the City Clerk’s Office and the other
board members.
Representation of Private Interests. Part B,
Section 5 of the Code[1] addresses
representation of private interests before the City by a member of a City
commission. Section 5(a) states:
"A city
official . . . who is a member of a . . . City body shall not represent any
person, group or entity:
- before that board or body;
- before city staff having responsibility for
making recommendations to, or taking any action on behalf of, that board
or body, unless that board or body is only advisory in nature; or
- before a board or other city body which has
appellate jurisdiction over the board or body of which the city official
. . . is a member, if any issue relates to the official’s . . . official
duties."
Under section 5(a)[2],
the individual may not represent his client before the Commission or before the
City Council on a matter that relates to his board duties. The individual may
represent his client before City staff supporting the Commission as it is only
advisory in nature, before other boards and commissions, and before city bodies
if the issue(s) does not relate to his duties on the Commission. He may not,
however, assert or imply that he is able to advance the interests of his client
because of his position on the Commission in accordance with Part B, Section
5(b)(3)[3].
Unfair Advancement of Private Interests. Part B, Section 2 of the Ethics Code[4] prohibits all City
officials from using their position "to unfairly advance or impede
private interests, or to grant or secure, or attempt to grant or secure, for
any person (including himself [ ]) any form of special consideration,
treatment, exemption, or advantage beyond that which is lawfully available to
other persons." Pursuant to this section, the official may not use his
position on the Commission to advance the interests of his client or give the
impression of such.
The concern lies with the language of the
contract between the member and the client which specifically states that the
member shall "inter-face with SACVB PR Division to maximize travel
writer opportunities [and] inter-face with SACVB Visitors Division to maximize
exposure of local event." This, coupled with the role of the Committee
to work closely with the Public Relations Visitor Sales Division to increase
local awareness of Hispanic events, may give the appearance of attempting to
secure special consideration for the client, consideration "beyond that
which is lawfully available to other persons." Therefore, it is
advised that the member err on the side of caution and refrain from
representing his client before City staff on this matter.
SUMMARY
City officials are governed by the standards
of conduct set forth in the Ethics Code of the City of
ANDREW MARTIN
City Attorney