Thursday, November 7, 2013

ASTORIA CITY COUNCIL MEMBER DREW HERZIG AND POTENTIAL CONFLICTS OF INTEREST


The Astoria City Council conducted some internal housekeeping during their Monday night meeting.  Council member Drew Herzig was asked by Mayor Willis Van Dusen to speak to possible conflicts of interest regarding council member service.  First: regarding Herzig and the Friends of the Astoria Armory,  then regarding communications regarding Russ Warr and the local business: Astoria Granite Works.  The mayor also addressed etiquette or protocol in the running of council meetings.  
 

Drew Herzig addressed the council about his dealings with the Armory and the Friends of the Armory group.


Herzig:  “I’m going to have to go into a lot of detail so I ask your patience on this – thank you.  Early in October, 2013, I was invited to attend a meeting on Friday, October 11th.  The purpose of the meeting was to form a board of directors for The Friends of the Astoria Armory, then organizing as a 501 c.  Prior to this meeting there was no board of directors.  The meeting took place at Craft 3 offices in Astoria.  There were no City of Astoria staff present at this part of the meeting.  At the meeting I was invited to be on the Board of Directors for the Friends of the Astoria Armory. 
I told those present that I could not accept the invitation until I was sure that it would not create a conflict of interest.  I was advised to check with the city attorney.  Later that afternoon, after being away from home, I returned to find that I had received a voice message from Mayor Van Dusen.  In the message he told me that he had heard that I was on the board of directors of the Friends of the Astoria Armory.  He expressed concern about the appearance of a possible conflict of interest, but acknowledged my right to do as I thought best.  I sent an email to reply to the Mayor late Friday afternoon.  In that email I said I would get off the board immediately if there were any possibility of a conflict of interest.  It would have been more accurate to have written that I would decline the invitation to be on the board, but since the Mayor was acting on the (news) that he had heard that I was already on the board, I felt it would be addressing his concerns more directly to use the wording ‘get off the board’.  On Friday, late afternoon, I also sent an email to the city attorney and city manager requesting their opinion.  I thought about the situation overnight, and on Friday* called the president of the Friends of Astoria Armory board of directors and told him that I felt I must decline the invitation to be on the board to avoid giving the appearance of a conflict of interest.  I then sent an email to Mayor Van Dusen, telling him that I’d requested that my name be taken off the list of the Friends of the Armory Board of Directors.  Again, it would have been more accurate to say that I had declined the invitation to be on the board.  Since (in) the two emails to Mayor Van Dusen I used the terms  ‘get off the board’ and ‘name taken off the list of the board of directors’, I can understand that some people might have taken these words to mean I was actually on the Friends of the Astoria Armory board of directors from Friday, October 11th to Saturday, October 12th.  Two points I would like to emphasize.   Firstly: during that period from Friday, October 11th to Saturday, October 12th, the only time period when I might legitimately be considered to have been on the Friends of the Astoria Armory board of directors, I did not attend any Astoria City Council meetings or executive sessions.  The board did not exist prior to October 11th,  and therefore I could not have been on any board during any city council meetings or executive sessions at any previous time, either in July, August, September 2013 or at any other time.  Second is:  my initial email to Mayor Van Dusen demonstated I never refused to resign from the board.  Thanks for your patience.” 


Mayor Van Dusen then asked Herzig if he had relayed any information learned in City Council executive sessions  to Friends of the Armory members during his meetings with them.  Herzig answered ‘no’, then Mayor Van Dusen told the council that he had not at any time asked Herzig for his resignation from the city council.  


Mayor Van Dusen then moved on to the issue of council member Russ Warr and Astoria Granite Works.  Council member Herzig told the council he had contacted the Oregon Ethics commission to question whether he could vote on a no-bid contract involving a fellow council member.  Herzig stated his communication with the Ethics Commission was only to ascertain his own ability to participate in the vote.  Warr’s name was not mentioned in the communication.  Council member Russ Warr said he would let the incident go as a misunderstanding. 


Finally the Mayor addressed council meeting protocol.  The mayor stated his opinion that council member Herzig exercised poor etiquette in his tendency to ask audience members if there were more questions and directing people to the podium.  He stated the behavior led to questions as to who is running the meeting.   Herzig explained his own concern is to make sure that attendees fully understand the proceedings and feel included in the process.  The Mayor then said going forward he would be sure to run a tighter meeting. 
  
(*complete quote transcribed from audio recording of Monday, November 5th’s Astoria City Council meeting)

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