Not all conflicts are created equal?
Nancy Vaughan says, "I asked to be excused due to a conflict of interest. Someone brought up the possible conflict of interest with Zack and Robbie. The Deputy City Attorney said that they could stay and take part in the discussion. Dr. Wade asked how come I left the room? The attorney’s response was “Mrs. Vaughan excused herself which she is free to do so.” WRONG!!! I strongly disagree with his answer and the cavalier manner in which it was delivered.
See video, around 20 minutes in, after discussion of the City dump.
Here's the opinion of City legal staffer Rita Danish:
Council Member Vaughn (sic), this email is in follow up and intended to clarify the discussion that occurred at yesterday’s (4/26/11) work session regarding the White Street Landfill RFP’s. During that discussion, a question was raised regarding your ability to participate in those discussions. As you were previously advised, you have an actual conflict involving a direct benefit directly related to the contract. As such, this conflict is governed by all the applicable conflict statutes, including but not limited to the state criminal statute, the state ethics statute, the applicable charter provision and city policy. Most notably, the criminal statute specifically provides that you “shall not attempt to influence any person...’’ As such, this statute prohibits participating in any discussions. Your actual direct conflict is distinguished from the other possible council member conflicts currently under review (no final determination of a conflict has been made as to those other council members). Therefore, based upon the law and the facts, you can neither participate nor vote in this matter. All of your actions to date related to the landfill have been consistent with the law. I regret any inconvenience this may have caused you. Should you have any questions or concerns, please do not hesitate to contact me.
J. Rita McNeil Danish
City of Greensboro
City Attorney's Office
Vaughan points to this post by Jordan Green:
Last June, the city council approved a new policy on conflicts of interest prohibiting “officers, employees or agents from participating in the selection, award or administration of any contract where a conflict of interest is involved or may exist, whether real or apparent.” A written policy sent out to council members by City Manager Rashad Young elaborated, “The city charter and North Carolina state law prohibits city officers, employees and agents from voting upon or otherwise participating in the selection, award or administration of contracts in which they have a direct or indirect financial interest.”
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