City Attorney’s Office
Memorandum
Date: June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Elizabeth Klotz, Assistant City Attorney
Subject: Conflicts Review – Historic Landmarks Commission Applicants
Background
The City Attorney’s Office has been asked to review applications to City Boards and Commissions regarding potential conflicts of interest. The applications generally do not provide complete information regarding potential conflicts; however, they do occasionally disclose potential conflicts of interest or incompatible offices. The purpose of this memorandum is to highlight areas of potential conflict that are disclosed by the application. This review is limited to the information provided on the applications and is not intended to be comprehensive investigation of potential conflicts involving the applicants.
Commission Duties
Pursuant to the City Code, the Historic Landmarks Commission acts in an advisory capacity to the City Council in all matters pertaining to historical landmarks, names and renaming of streets, museums and the establishment thereof in the City, and the marking and preservation of historical landmarks and places.
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 complet e, these types of conflicts generally fall within one or more of the following situations:
• An applicant has an interest in property the value of which could be affected by a decision coming before the Commission
• 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, • An applicant is an officer or employee of an entity that could be involved in a matter coming before the commission, or
• An applicant engages in a profession serving the local market that is likely to realize financial benefits or detriments, distinguishable from the public generally, that would result from the work performed by 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. The Code of Ethics and Values requires that Commissioners “make impartial decisions, free of . . . financial and other personal interests that impair Conflicts Review – Historic Landmarks Commission Applicants June 13, 2023June 8, 2023
[one’s] independence of judgment or action.” Accordingly, a situation may arise that 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.
Review Of Applicants
None of the two applicants work in fields that are likely to present potential conflicts of interest for historic landmarks commissioners. The following is a list of the applicants and their employers:
• Neetu Garg is an IT Consultant with CG Vak, a global software provider headquartered in India with an office in Walnut Creek. Their application discloses neither incompatible office nor apparent conflicts of interest.
• Yvonne C. Inciarte is a Field Representative for the U.S. House of Representatives. Their application discloses neither incompatible office nor apparent conflicts of interest.
Conclusion
The City Council may wish to consider the above comments in making its appointments to the Commission.
cc: Jovan Grogan, City Manager
Nora Pimentel, MMC, Assistant City Clerk