Ethics
Advisory Opinion No. 69
September
18, 2002
Issued
By: City Attorney’s Office
Issue: Whether an employee of the Neighborhood Action
Department can
participate
in City’s Lead-Based Paint Program
The
Neighborhood Action Department (NAD) manages the City’s Lead-Based Paint Hazard
Reduction Program. The program identifies and controls lead-based paint
exposure to small children in eligible housing. It also covers the cost of
testing homes for lead-paint hazards. If lead is found, a Construction
Specialist works with local, licensed abatement contractors to make the home
"lead-safe." In addition, children under 6 can be tested for exposure
to lead.
An
administrative staff member of NAD has inquired whether she can apply to be a
client of the program. The employee’s duties for the city do not involve the
paint program. The employee qualifies under the criteria of the program and
there is nothing in its enabling authority that would preclude city employees
from applying.
The
issue is whether the City Ethics Code would prohibit the employee’s
participation. Under the Ethics Code, all City employees, whether part-time or
full-time, are required to follow the standards of conduct as set forth in the
Code. The Code imposes numerous restrictions on employee conduct in order to
promote the public confidence in City government. Ethics Code Part A, Section 1[1].
Improper Economic Benefit
To
avoid the appearance of impropriety, a city employee cannot take any official
action that the employee knows will affect his or her own economic interest, or
that of the employee’s family, clients or business in which the employee or his
or her family holds a financial interest. Part B, Section 1[2].
In this situation, the employee’s official duties do not involve
decision-making or other involvement in the lead-based paint program.
The availability of the program is a matter
of public information and any member of the public may apply. So long as the
employee applies for and is considered for the program under the same standards
and procedures as any other member of the public, there would be no violation
of this provision.
Unfair Advancement of Private
Interests
Part B, Section 2[3] of
the Code prohibits all City employees from using their position to unfairly
advance private interests. Again, as stated before, so long as the employee
applies for the program and is accepted under the same criteria as any other
applicant, she would not violate this provision. The employee should take care
to follow all the application requirements and not use her position within the
department to unfairly expedite the process.
Summary
The
Neighborhood Action Department’s Lead-Based Paint Program is open to the
general public for application. City employees, even those in NAD, can apply
for the program just as any other member of the public, as long as the employee
does not use his or her position with the City to unfairly advance their private
interest. See Ethics Advisory Opinion No. 28 (city employee may receive
financing under City’s rental housing rehabilitation program).
Andrew Martin
City Attorney