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19-001: DCTA Appointment (Council Member Keely Briggs - District 2) BOJORQUIEZ 12325 Hymeadow Drive LAW FIRM PC Phone: (512)250-0411 Suite 2-100 Fax: (512)250-0749 Austin,Texas 78750 TexasMunicipalLawyers.com TexasMunicipalLawyers.com June 3, 2019 Umesh Dalal City Auditor City of Denton 215 E. McKinney Street Denton, Texas 76201 via email: umesh.dalal@cityofdenton.com Ethics Advisory Opinion regarding recusal on DCTA matter Mr. Dalal: This letter is offered in response to your request for an opinion on whether a Denton City Council Member must recuse themselves from voting on the appointment of Denton County Transportation Authority("DCTA")board member if the City Council Member's sister-in-law is a DCTA employee. The City Council Member is not required to recuse herself in this instance because the appointment of a DCTA member does not meet the definition of a"pending matter" per the Denton Code of Ethics.1 As a preliminary matter, the Code of Ethics imputes potential conflicting interests of certain public officials' relatives to that specific public official for purposes of determining whether disclosure and recusal from deliberations is required for the public official in question.2 Because a sister-in-law qualifies as a"relative" as defined by the Code of Ethics, any conflicting interest of the sister-in-law is imputed to the council member in question.3 However, no conflicting interest is present in this inquiry. The Code of Ethics' prohibition on deliberation by members of City Council only applies to a "Pending Matter".4 A matter is considered a pending matter if it is one of the following: 1. an application seeking approval of a permit or other form of authorization required by the City, State, or Federal law; 'Denton,Texas,Code of Ordinances ch. 2,art.XI,div. 1, §2-269. 2 Id.,ch.2,art.XI,div. 1, §2-273(a)(3). 3 Id.,ch.2,art.XI,div. 1, §2-269. 4Id.,ch.2,art.XI,div. 1, §2-273(a)(1). 2. a proposal to enter into a contract or arrangement with the City for the provision of goods, services, real property, or other things of value; 3. a case involving the City that is (or is anticipated to be)before a civil, criminal, or administrative tribunal.5 The issue about which you inquire involves the City Council's appointment of a transit agency's board member. Such an action does not fit within the three categories noted above that define a "Pending Matter"per the Code of Ethics. Therefore, because the potential action by the member of City Council about which you inquired would not qualify as a pending matter, there is no conflicting interest present. Accordingly, the council member may deliberate on the appointment of a DCTA board member despite the council member's sister-in-law being a DCTA employee. This Ethics Advisory Opinion is provided in accordance with the Denton Code of Ethics, §2-278. It is based upon the facts as provided to my office. If the facts are different than those provided, a change in circumstances may alter the nature of the opinion issued. Sincerely, If AA?anf_ r Bo rque Special Counsel to the City of Denton . Stovall Assistant Special Counsel to the City of Denton 5 Id.,ch.2,art.XI,div. 1, §2-269.Numbering and formatting added for clarity. City of Denton June 3,2019 Ethics Advisory Opinion Page 2 of 2