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Candidate for Governing Body - Conflict of Interest

K
Kim@spadylaw.com
Tue, Mar 28, 2023 11:06 PM

One of my municipalities is involved in contentious litigation with another
public entity. The other entity sued my client and the members of that
governing body have engaged in countless, egregious violations of the open
meetings act, open records act, and other laws. (My client filed a
counterclaim.)

One of the candidates in the upcoming election is the child of one of the
members of the other board.  The level of disdain and hatred expressed by
the parent/board member toward my client and its members would have to be
seen to be fully understood.  It has been shocking.

SO - what if the child prevails in the election?  Could the current
governing body adopt a conflicts of interest policy that would prevent the
child from participating in executive sessions during which the matter is
discussed?

(As far as I am aware, there is no state law that addresses this situation.
Please correct me if I'm wrong on that.)

I know the child will make an oath of loyalty to the municipality and will
be bound to keep secret the matters discussed in executive session.  As a
practical matter, though, I don't think that will happen - even if the child
has every intention of honoring the oath and law, these issues are just too
personal to the family. I can't imagine it not being a frequent topic of
discussion among them.

Any advice/experience will be much appreciated. I want to schedule a special
meeting if there is some action to be taken.

Thanks very much,

Kim Spady

One of my municipalities is involved in contentious litigation with another public entity. The other entity sued my client and the members of that governing body have engaged in countless, egregious violations of the open meetings act, open records act, and other laws. (My client filed a counterclaim.) One of the candidates in the upcoming election is the child of one of the members of the other board. The level of disdain and hatred expressed by the parent/board member toward my client and its members would have to be seen to be fully understood. It has been shocking. SO - what if the child prevails in the election? Could the current governing body adopt a conflicts of interest policy that would prevent the child from participating in executive sessions during which the matter is discussed? (As far as I am aware, there is no state law that addresses this situation. Please correct me if I'm wrong on that.) I know the child will make an oath of loyalty to the municipality and will be bound to keep secret the matters discussed in executive session. As a practical matter, though, I don't think that will happen - even if the child has every intention of honoring the oath and law, these issues are just too personal to the family. I can't imagine it not being a frequent topic of discussion among them. Any advice/experience will be much appreciated. I want to schedule a special meeting if there is some action to be taken. Thanks very much, Kim Spady