Citizen Advocate Helen Burns Sharp, on Thursday afternoon, filed an ethics complaint with the city attorney's office against Councilman Chris Anderson.
She said he may have violated ethics rules by not disclosing his relationship with engineer Mike Price, who represents the Knoxville developer for a controversial seven-story apartment project on Cowart Street.
Ms. Sharp said Mr. Price is on the host committee for an upcoming reception for the Anderson campaign re-election.
She said host members contribute $500 each.
Ms. Sharp was among citizens opposing granting a waiver for Belle Investment to make the apartments higher than four stories. The council unanimously approved the seven-story request, while saying there should be retail on both ends of the ground floor.
Councilman Anderson responded, "I have had many contributors over the course of my political career, but the only things that guide my judgment are the concerns of my constituents and the well being of our city. In the first six months of my term, I championed and passed comprehensive ethics reform. I am confident that the City Attorney and my fellow councilmembers will review this matter and find quickly that it does not violate our ethical standards."
Ms. Sharp said in her complaint:
Wade A. Hinton
Chattanooga City Attorney
100 E. 11th Street
Chattanooga, TN 37402
Dear Mr. Hinton:
This is a complaint alleging that Councilman Chris Anderson may have violated the Section 2-752 “Ethics” provision of the City Code by not disclosing a possible conflict of interest. At the November 10 and December 1 City Council meetings, he made the motions and voted “yes” on ordinances relating to the zoning of property at 1200 Cowart Street.
Section 2-752 addresses “disclosure of personal interest by official with vote.” It states: ”An official with the responsibility to vote on a measure shall disclose during the meeting at which the vote takes place, before the vote and so it appears in the minutes, any personal interest that affects or that would lead a reasonable person to infer that it affects the official’s vote on the measure.”
I believe that Councilman Anderson, prior to voting, should have disclosed that Mike Price, the engineer who represented the developer on the Cowart Street project, is a member of the “Host Committee” for the December 6 brunch for his City Council Re-Election Campaign. An email recently sent out for the brunch lists a spot on the Host Committee at $500. Here is the list of Host Committee members from a private Facebook page for Mr. Anderson’s campaign:
- Kevin Boehm
- Bob Chazen
- Gary Chazen
- Lee Davis & Heather Ott
- Martin & Mary Gadd
- Carl Greene
- Mark Hite
- Dale Hixson
- Adam & Monica Kinsey
- Michael & Liz Mallen
- Mitch Patel
- Mike Price
- Judy & Mike St. Charles
- Jim Steffner
- Albert Waterhouse
- Nick Wilkinson
I understand that most candidates for public office accept campaign contributions. In my opinion, the acceptance of a contribution may or may not trigger the Section 2-752 disclosure when a public official votes on an issue involving a contributor. In this case, it is a combination of the $500 amount, the timing of the contribution, the host committee role, and the concurrent votes on the zoning matter that could lead a “reasonable person” to infer that the public official should disclose the association before voting.
Another reason for disclosure is that Mr. Anderson and Mr. Price have been the two public faces in support of the project. The Knoxville developer has yet to appear at a public meeting, leaving it to Mr. Price to be his spokesperson. Mr. Anderson has been an enthusiastic cheerleader. Below are links showing his advocacy. Note that all three articles mention both Mr. Anderson and Mr. Price.
http://www.chattanoogan.com/2015/11/3/311848/City-Council-Appears-Favorable-To.aspx
http://www.timesfreepress.com/news/local/story/2015/nov/11/council-gives-initial-approval-cowart-street/335059/
http://www.timesfreepress.com/news/local/story/2015/nov/14/seven-story-cowart-street-apartment-project-c/335675/
Per Section 2-761 (B) of the City Code, please present my complaint at the December 8 meeting of the City Council. My understanding is that the City Council, by a majority vote, shall determine that this complaint has merit, does not have merit or has sufficient merit to warrant further investigation.
Sincerely,
Helen Burns Sharp