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HomeMy WebLinkAbout05-14-2001 Use of City Business CardsBROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Usher L. Brown John H. Ward Gary S. Salzman* Jeffrey S. Weiss Suzanne D'Agresta Anthony A. Garganese° Scott D. Danahy James G. Vickaryous Allison Carmine McDonald Alfred Truesdell Arthur R. "Randy" Brown, Jr. Brett A. Marlowe Jeffrey P. Buak Kristine R. Kutz 4 Board Certified Civil Trial Lawyer ° Board Certified Business Litigation Lawyer ° Board Certified City, County & Local Government Law May 14, 2001 The Honorable Paul Partyka and Members of the City Commission City of Winter Springs 1126 East S. R. 434 Winter Springs, FL 32708 Re: Use of City Business Cards Dear Mayor Partyka and Members of the City Commission: 111 North Orange Ave., Suite 875 Post Office Box 2873 Orlando, FL 32802-2873 (407) 425-9566 (407) 425-9596 FAX Website: www.orlandolaw.net e-mail:agarganese@orlandolaw.net Cocoa, FL: (866) 425-9566 As you recall, the City Commission directed that I prepare several draft questions for you to consider regarding the City Commission's desire to request a formal ethics opinion on the use of City business cards. The original question which I originally proposed was considered a question too general in nature. The following for your consideration is the original question and several alternatives: Original: During the course of handling their private business and personal affairs, may the City Commissioners and/or the Mayor occasionally provide, upon or without request, City business cards to individuals in person or with correspondence? Alternatives: 1. During the course of handling a business transaction with a person, for private profit or gain, may a city commissioner/mayor provide a city business The Honorable Paul Partyka and Members of the City Commission City of Winter Springs May 14, 2001 Page 2 card to that person, with correspondence or in person, if the person is likely to be seeking approval of a city permit from the city commission? 2. While engaged in the solicitation of customers for their personal business may a city commissioner/mayor insert a city business card in personal business correspondences for purposes of promoting themselves for personal profit or gain? 3. May a city commissioner/mayor distribute a city business card to a person for purposes of promoting themselves for personal profit or gain? 4. During the course of handling a private business transaction with a person, may the city commissioner/mayor distribute a city business card to that person if the city commissioner/mayor only stands to personally profit or gain from the transaction and the transaction is completely unrelated to city business? 5. May a city commissioner/mayor distribute a city business card to a person if the city commissioner/mayor has reason to believe that the city business card was only given to influence that person's decision to engage in a private business transaction in which the city commissioner/mayor will personally gain or profit? Please review and provide me with your comments at your earliest convenience so that I can fine tune one or more draft questions to be submitted to the Commission on Ethics. Upon completion of the draft question(s), this matter will be placed on the City Commission's Agenda for final approval. cer y, Anthony A. Garganese City Attorney AAG:kj F:\DOCS\City of Winter Springs\Ethics\Business Card Questions.kj