Conflict of interest and “economic benefit” are buzz words that have worried and angered community members throughout meetings about the Planned District Ordinance (PDO), a policy document that governs development in La Jolla.
In response, the city attorney’s office sent a letter to the La Jolla Community Planning Association (LJCPA) to remind them about the rules of recusal and abstention.
LJCPA will vote on two proposals during its meeting tonight, May 4, that would allow developers to build three stories throughout La Jolla and increase base density on parts of La Jolla Boulevard and Pearl Street.
LJCPA members with a direct economic interest in any project should recuse themselves from voting or participating in any manner, stated the city attorney’s office in a letter sent to LJCPA.
“If a member has a direct economic interest conflict, the individual is required to recuse by disclosing the conflict to the planning group prior to the discussion of the item and removing him/herself from the planning group seating area and not participating in the discussion and vote,” according to the city’s 2006 council policy 600-24.
Trustees are permitted to assist in the presentation of the project “as long as it is clear that the member is acting as an applicant and not as a planning group member,” stated City of San Diego Council Policy 600-24.
The same applies for policy issues like the PDO. When a financial interest affects a trustee differently than the general public, the trustee should recuse him or herself, according to city policy.
As for architects, developers and builders on the board, they are permitted to vote on policy documents that hypothetically might benefit them as long as they don’t have a direct economic interest in the pipeline, said Tim Golba, LJCPA president.
At the annual community orientation workshop for community planning groups this past weekend, Golba inquired about personnel in the building industry who may benefit economically at some point down the line.
“Does that generate grounds for recusal?” Golba asked. “Their response was absolutely not; it has to be a direct economic benefit.”
“You’d basically be crippling the community planning groups all across the city if you had to vote hypothetically,” he added. “The property owners couldn’t vote; if you lived in Bird Rock, this may propel redevelopment in Bird Rock, which might give you an economic benefit. How far do you stretch hypothetical?”
For trustees who are uncertain whether they have a direct economic interest, “it is advisable to err on the side of caution [i.e., disclosure and non-participation],” states council policy.
Three LJCPA board members have already indicated that they will recuse themselves from a vote on the two PDO proposals, Golba said.
The term “conflict of interest” may not apply to community planning groups, however. Since planning groups are private organizations and members are not public officials, “the state-mandated Conflict of Interest provisions are not applicable,” and instead the term “direct economic interest” is used to ensure fairness among trustees, according to council policy.
LJCPA meets the first Thursday of the month at 6:30 p.m. at La Jolla Recreation Center, 615 Prospect St. Tonight’s meeting will also include an election to fill a trustee seat that was vacated after the March LJCPA meeting.
For more information visit www.lajollacpa.org or call (858) 456-7900.