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PROHIBITION OF PERSONNEL BOARD MEMBERS FROM APPOINTMENT TO ANY PAID OFFICE OF EMPLYMENT WITH THE CITY
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PROHIBITION OF PERSONNEL BOARD MEMBERS FROM APPOINTMENT TO ANY PAID OFFICE OF EMPLYMENT WITH THE CITY
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1/3/2012 1:31:39 PM
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Legal Opinions
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PROHIBITION OF PERSONNEL BOARD MEMEBERS FROM APPOINTMENT TO ANY PAID OFFICE OF EMPLOMENT WITH THE CITY
Date
7/31/2000
Agency
City Council
Notes
OPINION 21
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appointment to any salaried office or employment in the <br />service of the city. <br />It is my opinion that Section 911 effectively prohibits Mr. Means and/or his company from <br />doing business with the City, or any of its controlled entities. It is worth noting that the Charter <br />has similar "conflict of interest" provisions for the Parks' Board and the Planning Commission <br />prohibiting such board members from holding "any paid office or employment in the city <br />government." <br />It is clear from the totality of the Charter, that the voters intended that board and commission <br />members be immunized from potential influence in their officials roles. When it came to the <br />Personnel Board, the drafters of the Charter were even more careful to ensure that such a board <br />member would be as free from potential bias as possible. And receiving compensation from the <br />City, either in the form of salary or other pay for services, was deemed to be such a potential <br />undue influence. <br />Understanding the legal and policy importance of an unbiased Personnel Board makes the <br />foregoing analysis self-evident. The Personnel Board is the final administrative decision-maker <br />in matter of employee discipline. Further, it has broader policy powers to advise the City <br />Council on matters of labor and the City's civil service system. Whether a boardmember were a <br />city employee or a city contractor, the ability to continue to receive compensation from the City <br />could create a serious perception of conflict of interest that the drafters of the Charter and voters <br />rightfully chose to avoid. <br />Therefore, I have advised Dave Ream, Ken Adams and Larry Means that the City (or any of its <br />constituent entities controlled by the City Council) cannot employ or contract with Mr. Means or <br />his company for services to the City. <br />THIS DOCUMENT IS CONFIDENTIAL AND SUBJECT TO THE ATTORNEY CLIENT AND/OR <br />ATTORNEY WORK PRODUCT PRIVELEGES. <br />DISCLOSURE OF THIS DOCUMENT OR THE CONTENTS THEREOF MAY BE A VIOLATION OF <br />LAW. <br />2 <br />
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