Wednesday, June 22, 2011

The City of Greensboro, City Council and Robbie Perkins' very serious conflict of interest issue: Is this why Rita Danish left?

Mr. Hartzman, I checked with the City Attorney’s office,
the attached document provides the information provided to Ms. Bluestein
at UNC School of Government...
as well as the information received by the City Attorney from Councilmember Perkins.

If this represents all the material facts presented by Mr. Perkins,
could Mr. Perkins have been less than compliant in disclosure?

If the legal department knew Mr. Perkins provided a minimal amount of information,
why didn't they ask for a complete accounting of all obviously non-disclosed data?

As the majority of the discussions related to this effort was in verbal form,
this is the only information we have identified that is in written form.

...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

I believe the attached will cover the information you were seeking.

Where is the public disclosure "on the record of the Council"?

...Thanks, Denise [Turner], Email to George Hartzman on June 21, 2011

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.

Should Robbie Perkins be considered an "impartial decision maker"
if he has a financial conflict of interest
with one of the companies vying for the landfill contract?

Has Robbie Perkins violated City of Greensboro residents
"constitutional rights to an impartial decision maker"?

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.

Mr. Carrison is a former employee of D.H. Griffin Companies
and is currently an independent contractor for Mr. Perkins.

...In 2010, the total payments received by Piedmont Triad Commercial Properties, Inc.

Why would the city attorney provide such a small snapshot
of the financial relationship between Perkins, Carrison and Griffin?


Doesn't it seem bizarre that the total benefit of all the potential and prior sales
isn't included?


Could Robbie "be personally at risk financially if his vote displeases his" employee
if Mr. Carrison has "multiple signs for D.H. Griffin"?

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

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.

If Mr. Perkins is an employee of the city
and has a financial interest,
and made known what looks to be a minimal amount of information,
why is Mr. Perkins participating in the landfill contract debate?

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.

Is this why Rita Danish left?

If not, why?

How much could Mr. Carrison make on the listed properties?

If Mr. Carrison were to not work with Piedmont Triad anymore,
how much could the company potentially not make?

How long has Mr. Carrison worked with Piedmont Triad?

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.

Is that why new contracts were asked for?

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

Mr. Carrison is a former employee of D.H. Griffin Companies
and is currently an independent contractor for Mr. Perkins.

Piedmont Triad Commercial Properties, Inc.
receives the remainder of the payments for work performed by Mr. Carrison.


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 landfill contract?

How many properties does Mr. Carrison have listed for D.H. Griffin?

If Zack "might reasonably be concerned" about a vote against D.H. Griffin,
why wouldn't Robbie be concerned for the same reasons,
if Mr. Carrison could easily walk with all the D.H. Griffin listings?

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

Could Robbie "be personally at risk financially if his vote displeases his" employee
if Mr. Carrison has "multiple signs for D.H. Griffin"?

...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.

How much could Mr. Carrison and Perkins make on the listed properties?

How much future income does Robbie stand to lose,
if Mr. Carrison were to become upset with Robbie's vote
and leave the company?

...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.


Could Robbie be personally at risk financially
if his actions displeases Mr. Carrison?

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