HomeMy WebLinkAboutMemorandum To Randy Ripley 07/13/2009OFFICE OF THE CITY ATTORNEY
Memorandum to Randy Ripley
Re: Conflict of Interest
13 July 2009: Page 2 of 2
A conflict of interest is described in the City Code of Ethics as a matter which has a direct or
indirect financial impact on the public servant or their relatives, as distinguished from the public
in general. LRC § 2-335(a). Inherent in every application for a COA to alter, construct or
demolish a structure in the MacArthur Park Historic District is the potential impact on
surrounding property values. It is this potential impact that necessitates notice to the owners of
surrounding properties to give them an opportunity to be heard pursuant to the Due Process
Clause of the United States Constitution, applicable to Arkansas through the Fourteenth
Amendment.2
CONCLUSION
The facts that have been presented to this office indicate that you have a financial interest in
the outcome of Page Wilson's current application for a COA. For this reason, Section 335 of the
City Code of Ethics requires that you must not participate or vote in the proceedings and that you
should leave the meeting room or move to the area occupied by the general public during the
Historic District Commission's consideration of Page Wilson's application.
Please feel free to contact me if you have questions about this recommendation.
TMC:DKW
cc: Tony Bozynski, Director of Planning and Development
Walter Malone, Planning Manager
Brian Minyard, Planner II
William C. Mann, III, Chief Deputy City. Attorney
Shayla Beebe, Operations Administrator
Z "...nor shall any State deprive any person of life, liberty, or property, without due process of law." U.S.
Const. Amend. XIV, § 1.