Tulsa City Councilor Considers TARE Board Resignation

Tulsa City Councilor David Patrick says it appears he now needs to resign from the TARE board, to end a potential conflict of interest between his service on the city council as it considers an issue involving the Tulsa Authority for Recovery of Energy.

Patrick, however, said he's unsure if resigning would allow him to vote on the TARE issue.

Read City Attorney David O'Melia's letter to Councilor David Patrick.

The ethical question is now preventing Patrick from taking part in council discussions of a new trash contract or in TARE discussions of how to pay for new trash containers.

1/26/2012 Related Story: Changes On The Way For Tulsa Trash Service

Patrick said he is waiting for clarification from the Tulsa city attorney about whether his resignation would make any difference in the current issue - or only resolve conflicts going forward.

Tulsa City Attorney David O'Melia advised councilors it wasn't clear now whether dual service was a conflict under the ethics ordinance. He has informally advised councilors it's possible and councilors responded with a proposal to alter the code.

O'Melia drafted a change that would clarify the ordinance and eliminate any conflicts, but councilors do not want to change it in the middle of a situation it could impact.

The amendment to the ordinance was discussed Tuesday morning, but won't go any further after several city councilors expressed concern.

"I've had several people ask me 'What are you guys trying to pull now? This is going to give the appearance that we're trying to skirt the ordinance," said city councilor Jack Henderson. 

Attorney O'Melia said he didn't consider the change a redefinition of conflict, but rather a clarification of what was not a conflict.

Councilor G.T. Bynum said while he agreed with the changes, "Clarifying this during an issue, for me it doesn't pass the smell test."

A majority of the Tulsa City Council spoke in favor of having elected officials serve on boards, to provide additional oversight with immediate feedback to the council.

O'Melia said he expects Mayor Dewey Bartlett to ask for a formal legal opinion on the conflict, but would also suggest the city council modify the ordinances so the matter is settled for good.