Broken Arrow City Council
Meeting of: 02-20-2018
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Presentation and discussion on ShamRock the Rose Event for Soldier’s Wish
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Background:
On December 21, 2017, Debra Wimpee, on behalf of BA Buzz and Soldier’s Wish, submitted a Special Event Permit Application for an event entitled ShamRock the Rose to take place on March 10, 2018, at 4:00 p.m. Shortly after receiving this Application, the City Attorney and the City Manager met with Council Member Wimpee to discuss the implications of state law on this proposed event.
Title 11, Section 8-113 of the Oklahoma Statutes addresses conflicts of interest. It provides in pertinent part:
A. “Except as otherwise provided by this section, no municipal officer or employee, or any business in which the officer, employee, or spouse of the officer or employee has a proprietary interest, shall engage in:
1. Selling, buying, or leasing property, real or personal, to or from the municipality;
2. Contracting with the municipality…
D. For purposes of this section, “proprietary interest” means ownership of more than twenty-five percent (25%) of the business or of the stock therein or any percentage which constitutes a controlling interest but shall not include any interest held by a blind trust.”
Conflicts of interest are also addressed in the Oklahoma Constitution. Article 10, Section 11 provides that a Council Member cannot receive, directly or indirectly, any interest, profit or perquisite arising from the use or loan of public funds or moneys.
Pursuant to 11 O.S. Section 8-113 referenced above, Council Members, their spouses, and their companies are prohibited from leasing any real property owned by the City. Pursuant to Article 10, Section 11 of the Constitution, Council Members cannot receive, directly or indirectly, any interest, profit or perquisite arising from the use or loan of public funds or moneys.
ShamRock the Rose is an event that has a significant following. It is estimated that over 8,000 people will participate this year. Main Street Merchants obviously benefit, as does the City of Broken Arrow in terms of generation of sales taxes and showcasing Broken Arrow and its downtown throughout the region.
Several follow-up meetings were held with Council Member Wimpee and her attorney to ensure that she or the City of Broken Arrow did not run afoul of state law and the Oklahoma Constitution. Following the initial meeting, her intent was to turn ShamRock the Rose over to the beneficial charity, Soldier’s Wish, and to serve in a voluntary capacity to assist with and promote the event. She took the position and continues to take the position that she will not benefit from this event.
On February 11, 2018, a new Special Event Permit Application was submitted on behalf of Soldier’s Wish, with Mak Ochesenbein as the primary contact. The Application and the attachments, however, included several references to Council Member Wimpee and her business BA Buzz. Although it identified her as a “Volunteer Event Coordinator,” the Legal Department was concerned about the potential implications of state law and the Oklahoma Constitution, as well as the appearance of impropriety. Following submission, the City Manager, the City Attorney, Council Member Parks, Council Member Wimpee and her two attorneys met to discuss refinement of the details of this event. In this meeting, Council Member Wimpee and both attorneys assured Staff that this was, in fact, an event for Soldier’s Wish. As such, Council Member Wimpee, nor her company BA Buzz would be leasing property from the municipality or contracting with the municipality. They also assured staff that she was not receiving any benefit, direct or indirect, from this event and emphasized that her sole role was as a volunteer to advance this very worthwhile charity. During the meeting, everyone agreed that it was important to ensure that there was no appearance of impropriety and that transparency was key. Since that time, Council Member Wimpee, through her attorneys, have accomplished several things to memorialize her volunteer role in this event and to clarify the intent of all parties. These action items include the following:
1. Soldier’s Wish will withdrew the Application for Special Event Permit submitted on February 11, 2018.
2. Soldier’s Wish will submitted a new Application for Special Event Permit clarifying that it is the entity in charge of ShamRock the Rose and will be responsible for the entire event, including lease of the Rose District Pavilion, the closure of City Streets, approval to have the event, agreement to obtain all permits, and the receipt and expenditure of all funds.
3. Soldier’s Wish will enter into a contract with BA Buzz to promote this event. The contract specifies that the involvement of BA Buzz and Council Member Wimpee is strictly voluntary and neither BA Buzz nor Council Member Wimpee will receive any benefit whatsoever from this event.
4. In order to avoid the appearance of impropriety, BA Buzz, nor Council Member Wimpee will be identified on the promotional materials except to the extent that it references information on the event located on BA Buzz’s website.
5. Following the event, Council Member Wimpee’s attorneys will review all expenditures to ensure that there was no profit or benefit to Council Member Wimpee or BA Buzz and will further ensure that all proceeds benefit Soldier’s Wish.
The above-referenced items are conditions of issuance of the Special Event Permit to Soldier’s Wish. Based upon these representations, the City Manager will approve the Event Permit. This presentation is being made to inform the Council and to maximize transparency of this matter.
Staff will make a short presentation on the event and its history to include background followed by Council Member Wimpee’s attorney making a short presentation regarding her volunteer role. He will be prepared to answer any questions of the governing body.
Cost: $0
Prepared By: Beth Anne Childs, City Attorney
Reviewed By: Assistant City Manager-Administration
Parks and Recreation
Approved By: Michael L. Spurgeon, City Manager
Attachments: None
Recommendation:
No action required