T-31791\ Conflict of Interest Memo Library Commission 10122022
TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Nora Frimann
City Attorney
SUBJECT: LIBRARY AND EDUCATION
COMMISSION APPLICANT
DATE: October 12, 2022
BACKGROUND
This Office routinely reviews applications to City boards and commissions. The applications generally do not provide complete information; however, they do occasionally disclose potential conflicts of interest or incompatible offices. The purpose of this memorandum is to highlight major areas of potential conflict which are disclosed by the applications.
COMMISSION DUTIES
In order to analyze potential conflicts, it is necessary to consider the duties of the particular commission for which the applicant is seeking appointment. Of the Library and Education fifteen-member Commission, at least four members of the Commission shall have a background in education subject matter expertise. The Library and Education Commission is an advisory body which makes recommendations to the Mayor and City Council, City Manager, and the Director of Library Services respecting existing and proposed library facilities, the utilization of such facilities, their use and operation, the extent and nature of library services to be rendered to the public, the financing of libraries and of their operations and services, and other matters respecting the library system. The Commission will also study, evaluate, review and provide advice to the Council, the City Manager, the City Librarian, and other department heads designated by the City Manager on all matters and issues related to early education and child care.
APPLICANTS
The application from the applicant listed below was reviewed by our office. This review was limited to the information provided on the application and was not intended to be a comprehensive investigation of potential conflicts involving the applicant. Unless otherwise indicated, no application discloses incompatible offices or apparent conflicts of interest that would substantially impair the functioning of the commission.
HONORABLE MAYOR AND CITY COUNCIL
August 9, 2022
Subject: Library & Education Commission Applicants
Conflict of Interest Memo Library Commission 10122022
LEGAL CONFLICTS THAT MAY PRECLUDE VOTE OR PARTICIPATION
Certain positions may preclude a commissioner from participating in a commission discussion or from voting if a matter involving the entity comes before the commission.
While this list is not complete, these types of conflicts generally fall within one or more of the following situations:
• An application shows entities that are “sources of income” to a potential commissioner within the 12 months preceding the start of the commission term, as defined under the Political Reform Act (“PRA”). • An application shows sources of income to a Spouse or Domestic Partner of a potential commissioner within the 12 months preceding the start of the commission term.
• An applicant, or the Spouse or Domestic Partner of an applicant, is an Officer or Board Member of an entity and it is foreseeable that the entity could be involved in a matter coming before the commission.
APPEARANCE OF BIAS
There may be facts which would not amount to a legal conflict of interest requiring a commissioner to recuse him or herself from a commission vote or discussion, however the relationship could create an appearance of bias on the part of the commissioner.
City Council policy requires commissions to be free from bias in their decision making and may require a commissioner to recuse him or herself if the facts could reasonably lead one to conclude that the applicant would be biased for or against an entity or entities.
LEGAL REVIEW OF APPLICANTS
Set forth below is the applicant and any apparent legal conflicts of interest and/or appearance of bias related to entities that are likely to come before the commission in some manner, as identified on the application.
Kristen Brown – Ms. Brown was appointed to the Library and Education Commission in April 2022 to fill a vacancy and is now seeking reappointment. Ms. Brown’s application indicates that she is a preschool teacher at Woodhaven Preschool and is the Chairperson for the Community Advisory Committee for Special Education. The application indicates that her spouse is an employee at Apple, Inc. The application discloses no incompatible offices nor apparent conflicts of interest.
HONORABLE MAYOR AND CITY COUNCIL
August 9, 2022
Subject: Library & Education Commission Applicants
Conflict of Interest Memo Library Commission 10122022
CONCLUSION
The applicant does not appear to hold any incompatible office or have any apparent conflicts that would prevent her from serving on the Library and Education Commission based upon the application submitted. The applicant may be precluded from participating in matters involving her employer or the entities of which she is an officer or member. Where this may be the case, she must abstain from participating in that Library and Education Commission agenda matter. The City Council may wish to consider the above comments in making its appointments to the Commission.
NORA FRIMANN
City Attorney
By
Erin O’Neill
Deputy City Attorney
cc: Jennifer Maguire, City Manager
Toni J. Taber, CMC, City Clerk