WARREN Conflict in city license vote?



A conflict of interest generally involves some personal interest in a decision's outcome.
By DENISE DICK
VINDICATOR TRUMBULL STAFF
WARREN -- The city law director understands the concerns of a councilman and residents regarding two health board members' voting on a company's license renewal, but he's not sure it's a conflict of interest.
The city health board is set to decide Tuesday whether to renew Warren Recycling Inc.'s permit, which expires at year's end.
At a health board meeting earlier this month, Sally Shubert Hall, a community activist, suggested that two board members may have a conflict of interest because they also work for the city.
Hall contends Fred Harris, the safety-service director, and Peggy Scott, a municipal court employee, may have a conflict in voting on whether to grant an operating licensing to Warren Recycling Inc.
Hall reasons that many city officials are concerned that if the company's construction and demolition debris landfill closes, the city will lose money.
Seeking opinion
Councilman James A. "Doc" Pugh, D-6th, submitted a letter to law director Greg Hicks asking for an opinion. Hall works with Pugh on various issues affecting the city.
Pugh's letter also asks Hicks to prevent Harris and Scott from voting and to pursue their resignations from the health board.
"I do not question the integrity of either of these individuals or Mayor [Hank] Angelo," Pugh wrote. "I do question the placement of any Warren city employee on the Warren City Board of Health as voting members.
"I feel it would be better to appoint noncity employees ... in a voting capacity to avoid any potential concerns regarding conflict of interest," Pugh said in the letter.
Harris doesn't believe he has any conflict, but said he'd follow the direction of the law director.
"If the law director says there's a conflict, I'll step aside," Harris said. "I'll abide by the decision of the law director."
Scott couldn't be reached.
Hicks said he would need to gather additional information before writing an opinion. "An opinion would involve a determination if they have some personal interest, if it would benefit them personally," Hicks said.
He said it's not a law director's job to pursue a resignation or prevent members from voting.
No direct monetary affect
The loss of money if WRI closes wouldn't directly affect the salary of either Scott or Harris. The company pays fees to the city from money it generates by charging customers to dump debris.
"It's hard for me to see how it would affect them personally with what I know," Hicks said.
He said that some people may view it as a conflict for people who live in the city to vote on the license renewal because the facility's closure would likely mean an increase in garbage hauling fees for residents.
"How far do you go to say that someone is conflicted?" Hicks said.
He said he'd write an opinion if time permits and he can gather the information he needs.
"I can appreciate the issue, but I don't know if it rises to the level of a conflict of interest," Hicks said.
The health board was expected to decide at a Dec. 18 meeting whether to renew WRI's license, but postponed it until Tuesday to gather additional information.
Officials from the Ohio Environmental Protection Agency have urged the city not to renew WRI's license until an agreement is reached with the company.
The OEPA has said the company has some noncompliance issues stemming as far back as 1998, but the agency hasn't provided specific information.
dick@vindy.com