From: April Lancaster
To: Council Members; Ken Richardson; Leslie Caviglia; Michelle Nicholson Subject: Request for Recusal of Councilmembers Taylor and Nelsen from CUP Appeal Discussion and Vote Attachments: Public Comment Planning Commission.pdf
Public Comment DTV September .pdf
Dear Mr. Ken Richardson, Leslie Caviglia, and Members of the City Council, I hope this message finds you well. I am writing to formally request that Councilmembers Taylor and Nelsen recuse themselves from both the discussion and vote concerning the appeal of the Planning Commission's revocation of the Conditional Use Permit (CUP) for Rookies Sports Bar & Grill.
Councilmember Taylor serves on the Property Owners Association (POA) Board, and Councilmember Nelsen is the Director of the Property Owners Association, which the appellant is also a member of. Additionally, the appellant holds a $273,000 contract for security services with the POA. Furthermore, Councilmember Nelsen has received campaign contributions from the appellant. These factors present a clear conflict of interest for the following reasons:
1. Fiduciary Responsibility and Influence on Decisions
As Director of the Property Owners Association, Councilmember Nelsen has a heightened fiduciary duty to act in the best interests of the POA, including the appellant. Councilmember Taylor, as a board member, shares this responsibility. This creates a conflict with their duty to act in the public's best interest during the appeal process. Their involvement in POA matters could unduly influence their decisions in favor of the appellant, consciously or unconsciously.
2. Financial Ties and Conflicts
The appellant’s significant $273,000 contract with the Property Owners Association raises concerns about a financial conflict of interest. Councilmembers may be seen as indirectly benefiting from the appellant’s success, given their shared financial interests through the POA.
Furthermore, Councilmember Nelsen’s acceptance of campaign contributions from the appellant presents a direct financial connection, further complicating impartiality in this case.
3. Public Perception of Bias
Even if Councilmembers Taylor and Nelsen believe they can remain objective, their close association with the appellant through the POA, along with financial ties, creates the perception of bias. The public’s trust in the council’s integrity could be damaged if it appears that personal relationships or financial connections are influencing the decision-making process.
4. Involvement in Management of Related Parties
Given the overlapping responsibilities on the Property Owners Association Board, both councilmembers share a management role with the appellant. This close professional relationship blurs the lines between their obligations to the POA and their responsibility as impartial councilmembers in the appeal process.
5. Legal and Ethical Guidelines
Conflict of interest laws and ethical governance standards prohibit elected officials from participating in decisions where they have financial or personal ties to the parties involved. To uphold these principles, and to maintain transparency and public confidence, it is critical that both councilmembers recuse themselves from this appeal.
Given these factors, I believe their participation in the discussion or vote concerning this CUP appeal would not be appropriate. To ensure fairness and avoid any potential conflict of interest, I respectfully request that the City require Councilmembers Taylor and Nelsen to recuse themselves from this matter.
Thank you for your attention to this important issue. I look forward to your response and to ensuring that the City maintains a fair and impartial process for all parties involved.
Additionally, I have attached the public comments I presented to the Planning Commission as well as the Downtown Association for your review.
sincerely,
April Treona Lancaster
Herbalist / CEO - Lancaster Creations LLC
Proprietress - Organic Apothecary & Communitique
Director - DownTown Visalia Certified Farmers Market
www.LancasterCreations.com
www.DTV-CFM.com