|
Q1: Who is the PVE Foundation’s attorney? Q2: As a councilmember, did CM McGowan vote on issues that that benefited his Foundation and not recuse himself? Examples:
2021 Oct 12: CM McGowan voted to allow his PVE Foundation the authority to load the cost of the AECOM development directly into the city budget and bypass Council review and public disclosure LINK. 2022: May 24: CM McGowan voted to create a city AECOM committee to serve his Foundation’s AECOM study LINK (workplan item 11). AECOM works directly with the City Manager to schedule Staff time funded by taxpayers LINK. 2022 July 26: CM McGowan voted against the PVE Land Preservation Act LINK, that protects the Open Space CM McGowan is studying for development. Location of AECOM development study: LINK 2023 Jan: Amid objections, CM McGowan voted to replace CM Lozzi on the city AECOM committee that serves his Foundation LINK. 2023 June 13: CM McGowan voted to appoint his Foundation Treasurer LINK, Mr. Young, to the City Finance Committee LINK, without disclosure to the public or Council of the conflict-of-interest. Details: LINK
Q3: Does the PVE Foundation’s conflict of interest policy address conflicts when a Foundation Board Member is also on the City Council. Q4: Does the City’s conflict of interest policy address conflicts when a Foundation Board Member also is on the City Council? No. The City’s Conflict of Interest policy: LINK Our city policy substantially under-serves public trust by excluding most legal requirements (recusals, Brown Act, etc.), oversight, monitoring, reporting, whistleblower protection and any consequences for violations.
Q5: Who in the city is responsible to address conflicts? Each elected official, (Councilmembers and Treasurer) is a fiduciary who must carry out their responsibilities in a manner that is faithful to the public trust. LINK A fiduciary's actions must be free of conflicts of interest and self-dealing LINK
Q6: What is a breach of fiduciary duty? A breach of fiduciary duty occurs when a fiduciary fails to act responsibly in the best interests of the public. Categories include: LINK
Duty of Care (adequacy of city’s Conflict policy) Duty of Impartiality (No conflicted voting) Duty of Loyalty to the public they serve (Disclosure and impartiality) Duty of Accountability (Council takes action to stop violations) Duty to Maintain Public Trust in Government (when conflicts are reported to Councilmembers do they attack the messenger or resolve the issue?)
Q7: Have members of the public approached Councilmembers to request they take action to address reported conflicts: Yes.
Fall 2022, letter sent to city attorney and city manager: LINK Fall 2021, Councilmembers were invited to meet with members of PreservePVE where CM McGowan/PVE Foundation conflicts were raised with a request the issues be addressed. All attended meetings except CM McGowan who declined to attend.
Recommendation: Residents need a real Conflict of Interest policy written and enacted.
|
