Independent Fiduciary Consultant, Economics and Financial Ethics

One who intends to leave others better off for his having existed.

1/30/12

Should Denise Turner Roth and Robbie Perkins recuse themselves from the Performing Arts Center project?


If Denise Turner Roth acted as a lobbyist
for the taxpayer funded Greensboro Partnership
and Greensboro's City Council gives $200,000 to the Greensboro Partnership
of which $25,000 goes to Downtown Greensboro Inc. (DGI),
on top of more than $200,000 that DGI recieves directly from taxpayers
via Greensboro's City Council,
along with the Joseph M. Bryan Foundation, (Melvin) 
Cemala Foundation, (Cone)
Bell Foundation (Steven D. Bell, Rental Management),
Brown Investment Properties (TREBIC, Rental Management)
Greensboro Regional Realtors Association (TREBIC)
Cone, Elizabeth W.
Elm Street Center, LLC,
The Carroll Companies, (TREBIC)
Milton Kern & Co., Inc.,
Signature Property Group, Inc., (TREBIC, Rental Management)
Schwartz, Susan,
and Brown III, Chester H. & Martha, (TREBIC, Rental Management),
how could Greensboro's population
not subject to multiples of conflicts of interest,
if Roth actively works on the Performing Arts Center project
after working on the Performance Arts Center project
as a lobbyist for the supporters of the Performance Arts Center project?

A member of the board or any other body exercising quasi judicial functions
...shall not participate in or vote on any quasi judicial matter
in a manner that would violate affected persons' constitutional rights
to an impartial decision maker.

How could Robbie be an impartial decision maker,
if he stands to gain from the Performing Arts Center
being located downtown?

Impermissible conflicts include, but are not limited to,
…undisclosed ex parte communications
…or other associational relationship with an affected person,
or a financial interest in the outcome of the matter.

Like with Roy?

If an objection is raised to a member's participation
and that member does not recuse himself or herself,
the remaining members shall by majority vote rule on the objection."


§ 160A 388.

I object.

George Hartzman

How much future income does Robbie stand to lose,
if the Performing Arts Center doesn't go downtown?

Any officer, department head or employee
who has financial interest, direct or indirect,
in any proposed contract with the city
… or to a contractor supplying the city,
shall make known that interest and shall refrain from voting upon
or otherwise participating in the making of such contract or sale.

Any officer, department head, or employee
who willfully conceals such a financial interest
or willfully violates the requirements of this Section
shall be guilty of malfeasance in office or position
and shall forfeit his office or position.


Violation of this Section with the knowledge
expressed or implied
of the person or corporation contracting
with or making a sale to the city
shall render the contract void.


Sec. 4.131. - Conflict of interest:
Greensboro Code of Ordinances, City Charter

How could Robbie not have a conflict,
if he lives in Centerpoint
and is the agent for selling the condos
which would sell much faster with a PAC down the street?

The Mayor or any member of the City Council who has a financial interest,
direct or indirect,
in any official act or action before the Council shall,
…disclose such interest and all material facts with respect there
to the City Manager and City Attorney.

Where are "all material facts" disclosed by Robbie Perkins
on the Performing Arts Center project?

What if the City Manager has a similar conflict?

In addition, he/she shall publicly disclose on the record of the Council
the nature and extent of such interest,
including the full disclosure of all such material facts,
and shall withdraw from any consideration of the matter
pursuant to sec. 4.131 of the City Charter.


RESOLUTION TO DELINEATE AND CLARIFY ETHICAL RESPONSIBILITIES
OF THE GOVERNING BODY OF THE CITY OF GREENSBORO

How can Robbie not have to recuse himself?

...no public servant...authorized to perform an official action
requiring the exercise of discretion,
shall participate in an official action by the employing entity
if the public servant
...may incur a reasonably foreseeable financial benefit
...which financial benefit would impair the public servant's
independence of judgment
or from which it could reasonably be inferred
that the financial benefit
would influence the public servant's participation in the official action.

Like post City of Greensboro employment oppurtunities
for Denise?

I believe Robbie and Denise
"may incur a reasonably foreseeable financial benefit
...which financial benefit would impair the public servant's
independence of judgment."

George Hartzman

...A public servant shall take appropriate steps,
...to remove himself or herself to the extent necessary,
to protect the public interest
...from any proceeding in which the public servant's impartiality
might reasonably be questioned
due to the public servant's...financial relationship
with a participant in the proceeding.


§ 138A‑36. Public servant participation in official actions.

Could Robbie be personally at risk financially
if the Performing Arts Center doesn't go downtown?

Could Denise's career be at risk
if the Performing Arts Center doesn't go downtown?

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