Dear Editor,

During the required “Conflict of Interest” declaration at the brief public session before City Council went into executive session at their June 13 meeting, neither Mayor Jeremy Fey acknowledged his public statement that the “sexually oriented business” seeking to establish a strip club on Main Street had flown him on a private jet to Houston for an NFL Football game (along with other potential conflicts), and nor did Councilmember Kara Tinucci acknowledge that until recently her husband had been a paid consultant for the sexually oriented business (state law requires spouses be included in conflict of interest declarations for any benefit received during the calendar year).

Despite Councilmember Jeff Aiken’s attempts to address the issue, he was repeatedly interrupted. The ‘acting City Attorney,’ who was not introduced during the meeting, offered a confusing rationale not based on the Municipal Code for why Mayor Fey and Councilmember Tinucci should be allowed to participate in the executive session, and as a result they were allowed to do so. This decision could impact the integrity of the decision-making process, particularly regarding the ordinance that would allow the strip club on Main Street.

The Central City Municipal Code, specifically Section 2-4-80, clearly stipulates that potentially conflicted members must leave the room to allow for an unbiased discussion. Regrettably, this protocol was not followed during the meeting, which is a serious violation of the Code.

In addition, Section 2-4-80 states, “If any City officer is aware that he or she could be reasonably perceived as having such a conflict of interest but is unsure of or does not believe in the existence of such a conflict, he or she shall nevertheless disclose the possibility of such conflict of interest to the Council, Board or Commission of which he or she is a member. In deciding whether or not a City officer has a conflict of interest, consideration should be given to the following:

1. Whether the potential conflict of interest would impede independence of judgment.

2. The effect of the City officer’s participation on public confidence in the integrity of the governing body and City Government.

3. Whether the City officer’s participation is likely to have any significant effect on the ultimate disposition of the matter.

The Municipal Code continues, “Upon declaration by a City officer of a conflict of interest with respect to any matter, or upon determination by the Council, Board, or Commission of the existence of such a conflict of interest on a matter pending before such Council, board, or Commission, the City officer shall be disqualified from acting or voting on the matter or any related business. In addition, the disqualified officer shall refrain from attempting to influence the decision of other members of the Council, Board, or Commission in voting on the matter, except as may be authorized pursuant to the Home Rule Charter.”

It is crucial for the City Council to take immediate action to restore public trust in the decision-making process. This can be achieved by having Mayor Fey and Councilmember Tinucci adhere to Section 2-4-80 of the Municipal Code and leave the room before the next Council meeting to allow for an unbiased discussion around their potential conflicts. If they are found to be in conflict, they must recuse themselves from further influencing the decision-making process and abstain from voting on the ordinance that appears to be focused on allowing a strip club on Main Street, against the strong opposition of residents.

Peter Droege

Central City