The Oklahoma Bar Journal December 2024

However, a member’s partici pation in the discussion – even if they abstain from voting – may lead to undue pressure on the remaining members to vote in favor of the proposal. It is better for a recusing member to choose someone else to make the presen tation. In fact, it might be worth adding language to the public body’s rules and regulations mak ing it clear that recusing members must not only abstain from voting but must also refrain from partici pating in the discussion at all. Conflicts of interest can present significant pitfalls for govern mental agencies and municipal attorneys. Public officials may not assume their role within these agencies with the experience or knowledge necessary to navigate such pitfalls. However, with effec tive training and increased aware ness of potential pitfalls, public officials can better navigate ethical quandaries – with municipal attor neys officiating from the sidelines. ney’s job is often to advise public boards and commissions, which, in turn, cover a wide range of sub ject matter. However, regardless of the topic at hand – be it a public art project or a historic preserva tion permit – municipal attorneys must be able to answer questions and guide these public bodies on conflicts of interest, ex parte communications and other ethical issues that may arise. Handling such issues wisely protects the public’s interest and bolsters the public’s confidence in their local government. CONCLUSION A key part of a municipal attor

ABOUT THE AUTHORS

14. 1981 OK AG 69, ¶18. 15. Wolfenbarger v. Hennessee , 1974 OK 38, ¶¶12, 15, 520 P.2d 809, 811-12, quoted in Bowen v. State ex rel. Okla. Real Estate Appraiser Bd. , 2011 OK 86, ¶16, 270 P.3d 133, 138. 16. Mustang Run Wind Project, LLC v. Osage Cnty. Bd. of Adjustment , 2016 OK 113, ¶30, 387 P.3d 333, 345. 17. David Owens, “Is the Mayor Doing Her Job or Improperly Receiving Evidence?” Coates’ Canons NC Local Government Law: Land Use & Code Enforcement (last revised July 15, 2022), https://unc.live/4eBXSaS. 18. Wagner v. Jackson Cnty. Bd. of Zoning Adjustment , 857 S.W.2d 285, 289 (Mo. Ct. App. 1993). 19. McPherson Landfill, Inc. v. Bd. of Cnty. Comm’rs of Shawnee Cnty. , 49 P.3d 522, 531-32 (Kan. 2002). 20. Barbara Realty Co. v. Zoning Bd. of Review of City of Cranston , 128 A.2d 342, 154 (R.I. 1957). 21. Id. 22. Id. at 155. 23. Id. at 156. 24. Id. 25. Archon Fung and Dennis Thompson, “Conflict of Interest in Government: Avoiding Ethical and Conceptual Mistakes,” Governance (forthcoming) (manuscript at 3), https://doi.org/10.1111/gove.12870. 26. City of Raleigh, Boards and Commissions Training Handbook , https://bit.ly/4fyNGB6. 27. Fung and Thompson, supra , at 25.

Erica Grayson is an assistant city attorney for the city of Tulsa, where she has focused on contracts, real property

and land use planning matters. She received her J.D. and master’s degree in regional and city planning from OU, as well as a B.A. in English and a master’s degree in international studies from OSU.

Caroline Guerra Wolf is an assistant city attorney for the city of Tulsa and a former assistant professor of legal writing at the

TU College of Law. Before joining the TU College of Law faculty, she worked for Conner & Winters LLP and clerked for Judge John E. Dowdell of the U.S. District Court for the Northern District of Oklahoma. She is a graduate of the University of North Carolina at Chapel Hill and the TU College of Law. ENDNOTES 1. This guide, along with others prepared by the Oklahoma Ethics Commission, can be found at https://bit.ly/4euYWNL. 2. “Tulsa Revised Ordinances,” Title 12, Ch. 6., https://bit.ly/40UdFPd. 3. “Tulsa Revised Ordinances,” Title 42, §75.020-K. 4. “General Policies and Rules of Procedure – Board of Adjustment of the City of Tulsa,” https://bit.ly/3AAeLVP (last visited July 9, 2024). 5. Westinghouse Elec. Corp. v. Grand River Dam Auth. , 1986 OK 20, ¶¶15-16, 720 P.2d 713, 716–18. 6. Id. at 717-18. 7. Woodward v. City of Anadarko , 1960 OK 92, ¶¶29-30, 351 P.2d 292, 298. 8. Grabowsky v. Twp. of Montclair , 115 A.3d 815, 829-30 (N.J. 2015). 9. Id. at 829. 10. Id. 11. Id. at 829-30. 12. Id. at 830. 13. Patricia Salkin, Thomas Brown and Aisha Scholes, “Relationships and Ethics in the Land Use Game,” Zoning and Planning Law Report , May 2019 at 1, 4.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL