Ethics Opinion No.
July 28, 1999
The Ethics Review Board
a former City employee may perform work on contracts between his current
employer and the City of San Antonio.
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:
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.
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
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.
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.
DOWNEY, District 9
JOHN VALDIVIA, District 3
AGUILAR, District 5