In our recent election, a candidate was elected to the city council with the endorsement of one of our public employee unions. The union contributed $5,000.00 to his campaign, and they were his only donor. For perspective, that amount is essentially double the total amount raised by any other city council candidate in the race. Our local newspaper has been on this like a duck on a June bug, so it is now an issue of some controversy. Our Charter requires that the council “adopt a Code of Ethics applicable to all elected officials, employees and Board members which will remain in effect until modified by the city council.” A Code of Ethics based on the Model Ethics Code was duly adopted by the city council back in 2011 and has been on the books ever since. The Code of Ethics provides, in pertinent part: 1. Conflict of Interest. 1. An official or employee may not use his/her position or office, or take or fail to take any action, or influence other to take or fail to take any action, in a manner which he or she knows, or has substantial reason to believe, may result in personal or financial benefit, not shared with a substantial segment of the city’s population, for any of the following persons or entities (no group of government employees may be considered “a substantial segment: for the purposes of this provision): … 6. a person or entity from whom the official or employee has revied an election campaign contribution of more than $200 in the aggregate during the past election cycle (this amount includes contributions form a person’s immediate family or business); The Councilman elect has asked what the practical effect of this provision will be on his term. Neither our Charter nor the Code of Ethics describe any penalty for violation, or direct that a councilman recuse or otherwise, and I have found no clarification in state statute. Does anyone have any experience with this sort of situation, or thoughts on how to advise the councilman-elect? Our Code of Ethics seems to indicate that he has a conflict of interest for anything related to that union. Should I advise him to withdraw from any consideration of those matters, and abstain from votes? What if he declines to follow my advice? I try not to overburden this group with questions, but I very much value the experience and perspective that everyone has provided over the years. Thanks in advance, Jess M. Kane Attorney at Law ROBINETT ǀ KING ELIAS ∙ BUHLINGER ∙ BROWN ∙ KANE 117 W. 5th Street 500 Professional Building P.O. Box 1066 Bartlesville, OK 74005-1066 (918) 336-4132 Office (918) 336-9009 Fax www.robinettking.com<http://www.robinettking.com> ECPA NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.