BURBANK COMMISSIONER'S MARRIAGE SEEN AS CONFLICT OF INTEREST.Byline: Lee Condon Staff Writer A Burbank planning commissioner may be forced to choose between her marriage and public service. Carolyn Berlin was told by the city attorney Friday that she should resign or be removed from office because her husband, who receives compensation as a member of the Burbank Airport Commission, presents a conflict of interest when she votes on airport issues. City Attorney Dennis Barlow bar·low n. An inexpensive, one- or two-bladed pocketknife. [After Barlow, the family name of its makers, two brothers in Sheffield, England.] , who released an opinion on the matter Friday, said it applies even though Phil Berlin has asked to waive To intentionally or voluntarily relinquish a known right or engage in conduct warranting an inference that a right has been surrendered. For example, an individual is said to waive the right to bring a tort action when he or she renounces the remedy provided by law for such the $200 per meeting and $75 monthly car allowance he receives as an airport commissioner in an effort to save his wife's job. ``Although Mr. Berlin has requested that he no longer receive compensation, he could revoke To annul or make void by recalling or taking back; to cancel, rescind, repeal, or reverse. revoke v. to annul or cancel an act, particularly a statement, document, or promise, as if it no longer existed. this request at will. Mr. Berlin is still entitled en·ti·tle tr.v. en·ti·tled, en·ti·tling, en·ti·tles 1. To give a name or title to. 2. To furnish with a right or claim to something: to and in control of such compensation,'' Barlow said. ``Mr. Berlin's recent disavowal dis·a·vow tr.v. dis·a·vowed, dis·a·vow·ing, dis·a·vows To disclaim knowledge of, responsibility for, or association with. of the compensation is probably not sufficient to eliminate Mrs. Berlin's potential (conflict).'' Two weeks ago, Barlow informed Carolyn Berlin that under state law she could face felony felony (fĕl`ənē), any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law. prosecution if she participated in discussions or votes regarding Burbank Airport's expansion application. The problem was that her husband is a Burbank appointee APPOINTEE. A person who is appointed or selected for a particular purpose; as the appointee under a power, is the person who is to receive the benefit of the trust or power. to the Burbank-Glendale-Pasadena Airport Authority. Barlow said that because Phil Berlin was compensated for his post as an airport commissioner, his wife should not be involved in any way in the planning board's consideration of the airport's expansion application. Last week, Phil Berlin, a lawyer, sought to eliminate the problem by directing the airport to stop compensating him for being an airport commissioner. Berlin told the City Council that if he gave up the money, there would be ``no basis'' for Barlow's legal opinion and his wife should be allowed to remain on the planning board Noun 1. planning board - a board appointed to advise the chief administrator advisory board governance, governing body, organisation, administration, brass, establishment, organization - the persons (or committees or departments etc. . But according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. Barlow's newest opinion, it does not matter if Phil Berlin takes the money. The conflict still exists. The problem, Barlow asserted, is that the airport and the city are working toward entering a development agreement over airport expansion. In previous opinions about Carolyn's Berlin's right to vote on airport matters, Barlow found that there was no conflict. However, this time around, Barlow said, the city and the airport are contemplating a contract, which is different from simply approving or disapproving dis·ap·prove v. dis·ap·proved, dis·ap·prov·ing, dis·ap·proves v.tr. 1. To have an unfavorable opinion of; condemn. 2. To refuse to approve; reject. v.intr. a project. Barlow recommended that Berlin step down or be removed because state penalties for violating such conflict of interest laws are severe, potentially subjecting the city to penalties and Carolyn Berlin to felony prosecution. ``Because there is no law directly on point, and the penalties are so severe affecting both the individual and the city, we recommend extreme caution, that is that Mrs. Berlin either resign or be removed from office, in order that the risk, however slight, be removed,'' Barlow wrote. Carolyn Berlin requested the opinion on the issue. The city has apologized to her for releasing Barlow's original opinion to the City Council before informing her that it called for her removal. Neither Phil nor Carolyn Berlin could be reached for comment Friday. The Berlins have been longtime slow-growth advocates in the city. Former Councilman Ted McConkey made a point to tell the Burbank City Council last week that neither Phil nor Carolyn Berlin was in any way involved in a petition drive to put an initiative on the ballot to kill the airport expansion deal. Burbank City Manager Robert R. ``Bud'' Ovrom denied that there is any political push to oust oust tr.v. oust·ed, oust·ing, ousts 1. To eject from a position or place; force out: "the American Revolution, which ousted the English" Virginia S. Eifert. Carolyn Berlin. ``Neither I nor any of the council members want to see either one of them leave their current positions. I think it's helpful to us for both of them to stay with their current positions,'' Ovrom said. ``But unfortunately there seems to be a legal problem we haven't been able to overcome.'' |
|
||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion