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?
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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
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Integrity• Fiscal Responsibility• Transparency• Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989