City of San Antonio, Texas

 Ethics Opinion No.  1

 July 28, 1999

Issued By:  The Ethics Review Board

 

Whether a former City employee may perform work on contracts between his current employer and the City of San Antonio.

 

A former City employee has asked whether he may perform work on contracts between his current employer, ABC Engineering, and the City of San Antonio. The following facts are presented:

 

An individual was formerly employed as an Air Quality Program Manager in the City’s Department of Public Works, a position he held from April 1996 until June 1999.  The position of Air Quality Program Manager is neither a supervisory one nor one responsible for providing oversight on contracts.

 

Currently, the individual is employed as an Assistant Project Manager with ABC Engineering.  His duties do not include developing new proposals or soliciting new contracts with the City.  He has stated that, if he were assigned to the environmental contract between ABC Engineering and the City’s Environmental Services Division, he would be working with people he worked with in his previous job.  He further stated that, while employed by the City, he was not involved in the solicitation, selection or administration of any of the contracts with ABC Engineering.

 

ABC Engineering presently has several professional services contracts with the City that are discretionary in nature. The issue is whether the individual may perform work on contracts between ABC Engineering and the City given his former employment.  Part C, Sections 1, 2(b), and 3(b), of the Ethics Code of the City of San Antonio, continuing confidentiality, subsequent representation, and interests in discretionary contracts, respectively, apply to former City employees.

 

OPINION

 

It is the opinion of the Ethics Review Board Panel that the individual does not have a prohibited “financial interest,” as defined in the Ethics Code of the City of San Antonio, in the existing ABC Engineering Contracts with the City.  It is further the opinion of the Ethics Review Board Panel that there is no conflict of interest or ethics violation if the individual is assigned to work on one of the present ABC Engineering contracts with the City.  The Panel does advise, however, that the individual refrain from involvement in any new contractual effort, including, but not limited to, developing proposals for new contracts with the City of San Antonio for a period of two (2) years from the date of his leaving City employment.

 

 

 

___________________________                                            ___________________________

ARTHUR DOWNEY, District 9                                                         JOHN VALDIVIA, District 3

 

 

 

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ISRZEL AGUILAR, District 5