ADVISORY OPINION 91-11

Recusal

SUMMARY: While it would not be a conflict of interest for a candidate for appointment to a City commission, which meets monthly, to continue to serve full-time as the law assistant to a state court judge, there may be circumstances when the candidate's work for the court may interfere with the proper discharge of her duties for the commission. For example, she should recuse herself from any matter involving the commission which comes before the court and should not disclose any confidential information concerning the City which is obtained as the result of her official duties. The Board also recommended that the candidate consult the Code of Professional Responsibility.

OPINION OF THE BOARD A candidate for appointment to a City commission which meets monthly has requested an opinion as to whether it would be a conflict of interest under Chapter 68 of the City Charter for her to continue to serve full-time as the law assistant to a state court judge. It is the opinion of the Board that this appointment does not create a conflict of interest. There may be circumstances, however, where the candidate's work for the court may interfere with the proper discharge of her duties for the commission. See Charter Section 2604(b)(2). For example, it is the opinion of the Board that, should any matter involving the commission come before the court, she should recuse herself from that matter. See Charter Section 2604(b)(3).

In addition, the candidate is prohibited from disclosing any confidential information concerning the City which is obtained as the result of her official duties. Charter Section 2604(b)(4).

Further, the Board recommends that the candidate should consult the Code of Professional Responsibility to assure that she is in compliance with ethics provisions contained therein which might not be covered by Chapter 68. Sheldon Oliensis Chair

Benjamin Gim

Beryl R. Jones

Robert J. McGuire

Shirley Adelson Siegel

CHARTER SECTION(S) INTERPRETED: 2604(b)(2), (b)(3), (b)(4)

OTHER OPINION(S) CITED: n/a

Dated: November 18, 1991