CONFLIC OF INTEREST OR INCOMPATIBILITY OF CITY OFFICES (APPOINTED COMMISSIONERS)

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OPINION N0. 75-6 February 12, 1975 SUBJECT: Conflict of Interest or Incompatibility of City Offices REQUESTED BY: G. David Tayco, Assistant to the City Manager OPINION BY-: James A. Withers, City Attorney BY: Harold R. Stokes, Deputy QUESTION: Does employment as a building inspector trainee in the Building Safety and Housing Department and service as a commissioner on the Citizens Crime Prevention Commission constitute a conflict of interest? ANSWER: No HOWEVER, IT IS RECOMMENDED THAT NO CETA EMPLOYEES BE APPOINTED, OR ALLOWED TO .-.. RETAIN A COMMISSION APPOINTMENT, ONCE SO EMPLOYED BY THE CITY OF SANTA ANA OR BY ANY OF THE CONTRACTORS UNDER CETA TITLE VI. STATEMENT OF PROBLEM: On October 14, 1974, the City Council delegated to Mayor Patterson authority to appoint members to the Citizens Crime Pre- vention Commission. Confirmation of appointments was granted on October 23, 1974, at the adjourned regular meeting of the City Council. One of the commissioners is Mr. Kenneth Herron. Mr. Herron, as well as other members of the Commission, serves with- out pay, reward, salary, income or reimbursement for expenses. As of January 20, 1975, Mr. Herron has been employed in the capa- city of Building Inspector Trainee under the Comprehensive Employ- ment Training Act (CETA). Due to Mr. Herron's dual capacity as an employee of the City of Santa Ana as well as a commissioner the question arose does employment as a building inspector trainee in the Building Safety and Housing Department and service as a commissioner on the Citizens Crime Prevention Commission constitute a conflict of in- terest. The question presented in this opinion is, however, moot -27-