Wanted to get a second opinion from others who may have experience on this issue. My city is an aldermanic form of government wherein the mayor does not vote except for a tie. The local hospital and nursing home are controlled by a 7 person board establish by a public trust created by the city. The board has 1 member who is a member of the city council who is appointed by the mayor and subject to approval by the council, 1 member who is on the medical staff and chosen by the medical staff to serve, and 5 laypersons who are appointed by the mayor subject to council approval. Currently the mayor serves as the nursing home director but has been offered the job of CFO over the hospital. The hospital board does receive sales tax dollars from the city. There had previously been a citizens petition for the attorney generals office to look into whether there was a conflict for the current mayor to hold his position as both nursing home director and mayor. According to that audit, the attorney generals office did not find it to be a conflict.
If the current mayor were to take the position of CFO over the hospital, are there any concerns that you can think of with this? I certainly see the potential for conflict if the City and hospital boards interest do not align. I also see this being similar to the current status of the mayor holding the position of director of the nursing home. The mayor does not vote on issues unless there is a tie in which of course he should abstain from voting. While the mayor does appoint members of the hospital board, it is subject to the city council approval. The hospital board is currently in charge of him as nursing home director and would be in charge of his position as CFO. I believe the mayor would take the position of resigning as mayor if this were to be considered a conflict. Any help would be greatly appreciated as I am only a couple of years into this position as city attorney with this being a part time position.
Thank you,
Drew Cunningham
Alva City Attorney