Ethics Advisory Opinion No. 38
January
4, 2000
Issued By: City Attorney’s Office
Whether
an individual who serves as a member of the Zoning Commission and the City’s
Tax Phase-In Committee may be hired as an administrative aide to a City
Councilmember.
The City Clerk’s Office has asked whether an individual who serves as a member
on two (2) commissions of the City of San Antonio may also serve as an
administrative aide to a City Councilmember.
The following facts are presented:
The Zoning Commission is responsible for, among other things, recommending
and presenting to the City Council the boundaries of original zoning districts.
The Tax Phase-In Advisory Committee, on the other hand, serves in an
advisory capacity to review quarterly reports of Tax Phase-In Agreements.
An individual who serves on both of these commissions is being considered
for a position of an administrative assistant to a City Councilmember.
As an administrative assistant, the individual would be under contract
with the City to provide services as stated in the Administrative Assistant
Contract.
The issue is whether an individual who serves as a member of these two
commissions may also serve as an administrative aide to a City Councilmember.
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...” Given
his membership on the commissions, the individual is a City official, and as
such, is required to follow the standards of conduct as set out in the Code.
Prohibited
Financial Interest in Contract.
Part B, Section 10 prohibits City officers from having a financial
interest in a contract with the City or its agencies.
Under this section, a City officer includes, among others, “members
of any board or commission which is more than advisory in function.”
A board or commission is more than advisory in function where the
decisions of said commission are appealable to the City Council.
All other commissions are advisory as the decisions they render have no
binding force other than to provide the information supporting the
commission’s recommendation(s). Because
the decisions rendered by the Zoning Commission are passed after public hearing
and unless appealed to the City Council, the Zoning Commission is one that is
more than advisory in function. Therefore,
the members of this commission are City officers for the purposes of this
section.
To be in violation of this section, the City officer must have a financial
interest in a contract with the City. A
financial interest, includes, but is not limited to, being a party to a City
contract. Because aides to City
Councilmembers are under contract with the City to provide administrative
services, the requisite financial interest would be met where an officer is
under said contract. Therefore, a
violation of this section is found where a member of the Zoning Commission also
serves as an administrative aide.
If, however, the individual resigns from his position with the Zoning
Commission, he may serve as an administrative aide subsequent to such
resignation. The individual may
continue serving as a member of the Tax Phase-In Committee provided he continue
to abide by the standards of conduct as set forth in the Code.
SUMMARY
A member of the Zoning Commission and the Tax Phase-In Committee may not
contract to provide administrative services to a City Councilmember given his
membership on the Zoning Commission, a circumstance prohibited by the Ethics
Code of the City of San Antonio. However,
should he choose to contract with the City, the individual must resign from the
Zoning Commission prior to entering into said contract, but may continue serving
on the Tax Phase-In Committee provided he continue abiding by the standards of
conduct as set forth in the Code.
FRANK J. GARZA
City Attorney