Council finds no conflict of interest on City/Chamber renegotiations

The Winlsow Chamber of Commerce submitted their final representatives for the Visitor's Center contract renegotiations with the City. Executive Director Bob Hall, President Teresa Warren, Dan Simmons and John Jacobs will represent the Chamber.

There has been some debate over how many should represent and who would be an appropriate and unbiased representative for the City or public interest in these contract renegotiations about the expenditure of bed tax funds.

Some discussion has been made about the need for a public official to withdraw from the process for a perceived conflict of interest, but Council members fail to speak of it.

As an individual member of the public, Eloise DeSpain said it was her personal opinion that Affeldt should recuse himself from the renegotiations committee.

Moreover than just not voting, a public official that recuses him or herself, may not discuss, advise or comment about the subject they recused themselves from, and this is considered the ethically appropriate course of action when a conflict of interest is more than likely.

A conflict of interest may exist if a public official can reasonably expect that his or her official conduct will directly result in a financial benefit to him/herself, family, friends, business associates, employers, or businesses that the official represents. The conflict need not be certain to occur, but the probability must be greater than conceivable.

Affeldt later responded, "Obviously, I was elected mayor not to recuse myself, but to have a point of view, though I think it is often appropriate for the person who runs a meeting to take a non-voting role and I'm perfectly comfortable with that. We did approve at the last meeting that there would be four members from the City and four from the Chamber, so if Council wants to change that, I am open to that as well. Council members, what's your pleasure?"

No one from Council suggested Affeldt recuse himself, and Lugo then suggested in a letter and verbally before the Council that she be on the renegotiating committee.

At the previous Council meeting Lugo suggested another councilperson represent the City on the committee. At this Council meeting, she requested that no Council members represent the City on the renegotiations committee, but if so, she would be willing.

"As it is the responsibility of Jim Ferguson, the city administrator, to make policy and bring to the Council for approval and adoption; it would be my recommendation that we direct him to begin negotiations with the Visitor's Center to rewrite their contract," she wrote.

"I don't think we need to have three or four of the Council members do that. It is what Ferguson gets part of his salary to take care of," Lugo told Council. "I don't really see the big need to have a whole bunch of Council members go to try and renegotiate that contract; however, if Council wants to continue with that (4/4 committee), then I am willing to serve on that position," she said and wrote.

City administrators only enact policy and it the purpose of a city council is to make policy, so Council disregarded the suggestion to make Ferguson the sole arbitrator and representative of the City.

The Chamber Board also issued a letter to City before the Sept. 26 Council meeting, requesting that Finance Director Gina Refner not be on the committee.

"Since the Finance Director is not the policy maker for the City, it is the Chamber Board's desire that she be used for information only," stated the letter.

The Chamber Board suggested that another City Councilperson should be selected instead, but Council did not acknowledge this request during the meeting.

Councilwoman Judy Howell motioned for City Attorney Dale Patton to be the fourth City representative; nobody seconded.

Councilman Robin Boyd motioned for Lugo to represent the City and Councilman Harold Soehner seconded. All Council members except for Howell, voted in favor of placing Lugo on the Visitor's Center contract renegotiations committee.

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