R-66-08

RESOLUTION
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND
GRANTING EXEMPTION TO COUNCILMEMBER FROM ARTICLE IV “PUBLIC ETHICS”, § 2-70(II)(a)
OF THE ETHICS ORDINANCE

WHEREAS, a complaint was filed with the Bowie Ethics Commission on May 3, 2007 alleging violations of the Bowie Public Ethics Ordinance by Councilmember Todd M. Turner; and

WHEREAS, the Bowie Ethics Commission (“Commission”) issued an order on April 10, 2008 containing certain findings relating to Councilmember Turner’s participation as a member of the Bowie City Council while simultaneously holding employment as Legislative Officer for the Prince George’s County Council; and

WHEREAS, the Commission ordered Councilmember Turner to discontinue the prohibited dual employment and recommended that the Bowie City Council consider disciplinary action against Councilmember Turner pursuant to §2-73(III); and

WHEREAS, the Bowie City Council has considered the findings and conclusions of the Commission, including its recommendations; and

WHEREAS, the Bowie City Council notes Mr. Turner’s acceptance of the finding relating to participation in a matter involving the development of the Melford project on March 2, 2007, as well as his position contesting the findings of the Commission relating to a conflict between his County employment and his position of a member of the Bowie City Council; and

WHEREAS, Councilmember Turner has obtained from his employer a revised job description which satisfied the Bowie City Council that his current job duties will not conflict with his ability to carry out his duties as a member of the Bowie City Council; and

WHEREAS, Mr. Turner has agreed that he will not participate in any matter before the Bowie City Council in which there may be a conflict with his duties as Legislative Officer for the Prince George’s County Council; and

WHEREAS, the Bowie City Council recognizes that Councilmember Turner was duly elected to serve in his current position on the Bowie City Council and that his constituents have full knowledge of his position as Legislative Officer for the Prince George’s County Council.

NOW, THEREFORE, BE IT RESOLVED that pursuant to § 2-70(VI), the Bowie City Council, after consultation with the City Attorney, has determined to grant an exemption to Councilmember Turner which would permit him to continue to represent his constituents as a member of the Bowie City Council;

BE IT FURTHER RESOLVED that to strictly apply the application of the Section would constitute an unreasonable invasion of Councilmember Turner’s private rights to hold employment suitable to his talents as Legislative Officer for the Prince George’s County Council and, given his experience in public and government affairs would significantly reduce the availability of qualified persons for public service as a member of the Bowie City Council and accordingly, would be contrary to the purposes of this Article;

BE IT FURTHER RESOLVED that Councilmember Turner may continue to perform his duties as a member of the Bowie City Council as long as those duties are performed in a manner consistent with the Bowie Ethics Ordinance and are not in conflict with his duties as Legislative Officer for the Prince George’s County Council.

INTRODUCED AND PASSED by the Council of the City of Bowie, Maryland at a Regular Meeting of the City Council on September 15, 2008.

__________________________
G. Frederick Robinson
Mayor

ATTEST:

_________________________
Pamela A. Fleming, City Clerk