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20-001: Zoning Change Near Real Property (Council Member Paul Meltzer - At Large Place 6) of Board of Ethics DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-7228 July 8, 2020 Council Member Paul Meltzer 215 E. McKinney Denton, Texas 76201 Advisory Opinion Advisory Opinion No. 20-001: Pertaining to whether Council Member Paul Meltzer has a conflicting interest under Section 2-273(a)(3) of the Ethics Ordinance that would require recusal and abstaining from deliberations on a zoning change pertaining to a particular development. Council Member Meltzer: Pursuant to Section 2-278 of the Ethics Ordinance, a panel of the Board of Ethics convened on July 7, 2020, to deliberate on your request and has rendered the opinion given below. The members of the panel were Lara Tomlin, Annetta Ramsay, and Robert Swanbeck. Question Presented: The question is whether Council Member Meltzer has a conflicting interest by virtue of owning real property located within 200 feet of a proposed development that would require a zoning change made by the City Council. The panel understands that Council Member Meltzer has no family or other relationship to the development other than proximity to his real property. Answer: The panel determined that Council Member Meltzer does not have a conflicting interest under Section 2-273(a)(3) since he does not have a stake, share, equitable interest, or involvement in the development near his property under Section 2- 273(a)(3)(A)-(F), and thus is not required to recuse himself on matters pertaining to that development. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service **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.** Lara Tomlin Chair City of Denton Board of Ethics 2