Commentary; Posted: 7/18/07
FL City Councilman must avoid conflicts
By Cliff Buchan
There should be no mistaking Bo Bogotty’s willingness to serve his community. He has made two runs for seats on the Forest Lake City Council and was elected to a four-year term by his peers on the second try last November.
But there should also be no mistaking the precarious line the councilman is walking as an elected official and a man with a direct family and work connection to a city restaurant and bar, the Upper Deck Grill and Bar and Players Beach Club. When it comes to any city council decision that directly impacts the two businesses, we believe Mr. Bogotty must step back because of a conflict of interest.
Mr. Bogotty does not see it that way. Right now the city attorney is preparing an opinion that may help the full council in determining what role Mr. Bogotty can play when such issues arise. Of particular concern is a push by some bar owners in the city to allow bars to remain open until 2 a.m. The current mandatory closing hour is 1 a.m.
The councilman has argued that he should be allowed to vote on such matters because he says he has transferred ownership of the business to his wife. We don’t agree and see such maneuvering as no more than a way to evade legal restrictions that forbid any elected official from standing to gain financially from a decision by the board or council.
State law addresses the very topic in direct references to contracts and leases. While that application may be broad, it is clear from this perspective that at the very least Mr. Bogotty faces a moral conflict as wide as a barn door by even questioning his right to vote on such matters.
It is clear that the city of Forest Lake is also concerned by such matters.
In its Code of Ethics Policy adopted on June 27, 2005, the city addresses such issues. The policy specifies that “public office not be used for personal gain; and for the public to have confidence in the integrity of its government.”
In calling for council members to disclose financial interests, Mr. Bogotty lists the Upper Deck.
Dealing with ethical considerations, the policy states: “Public officials are to serve all persons fairly and equitably without regard to their personal or financial benefit. The credibility of Forest Lake City government hinges on the proper discharge of duties in the public interest. Public officials must ensure that the independence of their judgment and actions, without any consideration for personal gain, is preserved.”
In addressing financial interests, the code states: “Where a public official or a member of the public official’s immediate family has a financial interest in any matter being considered by the public official, such interest, if known to the public official, shall be disclosed by the public official. If the public official has such a financial interest or if the minor child of a public official has such a financial interest, the public official shall be disqualified from further participation in the matter.”
More evidence of potential conflicts can also be seen in two recent police actions involving the Upper Deck. With a desire to avoid conflicts, the city police department has turned over case files to an outside prosecutor to review allegations against the Upper Deck for violation of the city’s sound ordinance and the employment of a 17-year-old who was serving drinks.
It will be the outside prosecutor’s job to determine if formal charges go forward. Both issues follow complaints from the public.
We have long argued that the mere appearance of a conflict of interest should be enough for any public official to step back from a vote that could be questioned.
In the case of Mr. Bogotty, we believe his actions on any matter involving liquor sales speak loudly to a personal interest and personal gain. He needs to step back and formulate a platform of city governance that is best for all the citizens of Forest Lake, not what is best for Bo Bogotty, his family and their business interests.
It is time for the councilman to do the right thing and end this charade.
Forest Lake Times
P.O. Box 218
880 SW 15 St.
Forest Lake, MN 55025
651-464-4601
Fax 651-464-4605