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
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