Ethics
Advisory Opinion No. 37
January
19, 2000
Issued
By: City Attorney’s Office
Whether
members of the Zoning Commission and/or the Planning Commission may participate
in mediating or contributing to the development of a property which has an
application pending before the Commission.
The
Planning Department has asked whether members of the Zoning Commission and/or
the Planning Commission may participate in mediating or contributing to the
development of a property which has an application pending before the
Commission. The following facts are
presented:
The
Zoning Commission is established pursuant to Texas Local Government Code Section
211.007. The Commission is
empowered to, among other things, make recommendations for changes in zoning
districts. The
Planning Commission, on the other hand, is established pursuant to Section 117
of the San Antonio City Charter. This
Commission acts as an advisory board to the City Council.
Among its duties, the Planning Commission amends the master plan for the
physical development of San Antonio.
The
issue is whether an individual who serves on either of these two (2) commissions
may participate in the development of a property which has an application
pending before the commission. Part
A, Section 2. of the Code of Ethics states that an “official” includes,
among others, “members of all boards,
commissions (except the Youth Commission whose members are minors), committees,
and other bodies created by the City Council pursuant to federal or state law or
City ordinance, including entities that may be advisory only in nature...”
Therefore, an individual who sits on either of these two (2) commissions
is a City official, and as such, is required to follow the standards of conduct
as set out in the Code.
Unfair
Advancement of Private Interests.
Part B, Section 2 of the Code prohibits all City officials from using
their position to unfairly advance or impede private interests.
More specifically, a City official “may
not enter into any agreement . . . with any other person that official action by
the . . . official will be rewarded . . . .by the other person [ ].”
It
is my understanding that members of the Zoning Commission and Planning
Commission often meet individually with the applicants requesting the proposed
changes in the member’s district and the adjacent property owners.
In an effort to resolve any disagreements between the two (2) parties,
the commission member may agree to support a proposed change, subject to the
applicant’s agreement to limitations requested by the adjacent property
owners. Such an agreement does not
violate this section of the Code in that a commission member who works to
resolve the disagreement is presumably acting with the best interests of his
district in mind and not with the interests of one particular individual or
entity.
Representation
of Private Interests.
Part B, Section 5 of the Code prohibits a City official from representing any
group before the board on which he sits, before city staff providing support to
that board or before City Council on matters previously heard before the board.
Under the present situation, members of these commissions may meet on an
individual basis with applicants and property owners in an effort to resolve any
disagreements between the two (2) parties.
Once a resolution is reached, the matter is brought before the respective
commission and presented for its approval.
The commission member may recommend approval of the change given the
resolution between the parties. This
action does not violate this section of the Code as the member, in advocating
his approval, does so as the representative for his district.
SUMMARY
Members of the Zoning Commission and the Planning Commission may participate in mediating and contributing to the development of a property which has an application pending before their respective commission. However, they should remain cognizant of the standards of conduct set forth in the Code, including, but not limited to, recusing and disclosing any official action that may confer an economic benefit on an individual or entity as prohibited in the Code.
FRANK
J. GARZA