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19-003: Police Substation Bond Proposal (Council Member Keely Briggs - District 2) OF Board of Ethics OF DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8531 August 17, 2019 Council Member Briggs 215 E. McKinney Denton, Texas 76201 Advisory Opinion Advisory Opinion No. 19-003: Pertaining to Council Member Briggs voting on approving the bond proposal and, if the bonds are approved by voters, then participate in discussion about project with contractor. Council Member; Pursuant to Section 2-278 of the Ethics Ordinance, a panel of the Board of Ethics has considered your request and has rendered the opinion given below. The members of the Panel were Don Cartwright, Karen McDaniels and Rob Rayner. First Question Presented: The initial question presented is: Does Council Member Briggs have a conflicting interest when voting on approving the Denton City Bond Proposal? First, we need to determine if this is a pending matter by looking at Section 2-269 (Definitions) of the Ethics Ordinance. Pending Matter: "an application seeking approval of a permit or other form of authorization required by the City, State, or Federal law; 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; a case involving the City that is (or is anticipated to be) before a civil, criminal, or administrative tribunal." The Panel finds that the Denton City Bond proposal is a pending matter. Upon close examination of Section 2-273 prohibitions (a-i) of the Ethics Ordinance there would be no conflicting interest at this time. For these reasons, the Panel finds that Council Member Briggs voting on the City of Denton Bond proposal would not be a violation of the Ethics Ordinance. Second Question Presented: The Question presented is: If the bonds are approved by voters, can Council Member Briggs participate in discussions about project with the contractor? OUR CORE VALUES 1 of 2 Integrity • Fiscal Responsibility• Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 Facts presented for 2nd Question by Council Member Briggs: The City's Police Department has selected a contractor for construction of proposed substation to be approved by bond election in November 2019. If approved, the contractor is going to hire an architectural firm as a subcontractor. A Council Member's sister in law's father owns the architectural firm in question. Does the Council Member have a conflict of interest? In Section 2-273(a)(3): "A City Official is considered to have a conflicting interest if the City Official's relative has a conflicting interest." Under Section 2-269 (Definitions) Relative: "a family member related to a City Official within the 3`d degree of affinity (marriage) or consanguinity (blood or adoption)." Council Member Briggs has stated that her sister-in-law's father owns the architectural firm. His relation to the City Council Member is within the 3rd degree of affinity. Section 2-273(a)(1) Deliberation Prohibited: "It shall be a violation of this Code for a City Official to knowingly deliberate regarding a Pending Matter for which the City Official currently has a Conflicting Interest." (2) Disclosure Required: "If a City Official has a Conflicting Interest in a Pending Matter, the City Official shall disclose the nature of the Conflicting Interest by filing a sworn statement with the City Auditor." The second question is contingent upon occurrence of a future election. Until the voters of the City approve the construction of the Police sub-station and the City actually decides to initiate the project, this request appears to be premature. The request may be submitted when there is a likelihood of conflict due to certainty of the facts. For these reasons, Panel Members Cartwright and Rayner find that the second part of the question was unclear and ask that the Council Member clarify if desiring a future Advisory Opinion. Board Member McDaniels did not agree that clarification was needed. This opinion pertains only to the relevant sections of the City of Denton Ethics Ordinance. It is not intended as legal advice and does not absolve any party of obligations that may exist under other applicable law (e.g., Texas Local Government Code Chapter 171). All parties are encouraged to consult competent legal counsel concerning their obligations under the law. Resp Billy Submitted ic, 24 Don Cartwright Panel Chair City of Denton Board of Ethics 2 of 2 OUR CORE VALUES Integrity• Fiscal Responsibility• Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989