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Friday, August 23, 2002

Lawyers support councilman


No conflict of interest in Fairfield, they say

By Jennifer Edwards, jedwards@enquirer.com
The Cincinnati Enquirer

        FAIRFIELD — An attorney with the Ohio Ethics Commission and Fairfield Law Director John Clemmons said this week it doesn't appear a City Council member has a conflict of interest concerning the community center.

        But some residents who want the city to expand the justice center or build a new one first say Councilman Jeffrey Holtegel still has mixed interests and should not vote.

        Mr. Holtegel is a staunch supporter of a community center in the city's new downtown, Village Green. The 45,000-square-foot brick building, which has been in the works for years, would have a theater and is considered the capstone to Village Green.

        But this year, Mr. Holtegel became a partner in a coffeehouse under construction in Village Green. The business, called Village Green Coffee House, could open as early as mid-October.

        The community center's potential to draw people to Village Green is one reason why Mr. Holtegel said he wanted to open a coffeehouse there.

        Mr. Holtegel is an equal partner in the coffee shop with Patrick Merten of JII Homes, the primary development company of Village Green. JII Homes has other commercial developments under way in Village Green, including a restaurant.

        “It's gold,” Mr. Holtegel said of the coffeehouse. “One of the reasons why I wanted to choose the Village Green area was because of the community center and the draw it would help bring to those shops.”

        But because those who would attend the community center wouldn't necessarily become customers, the issue isn't a conflict of interest, according to the Ohio Ethics Commission and Mr. Clemmons.

        “Any public improvement could arguably benefit a business or businesses in the city of Fairfield, but there is no direct connection between his business and community center at all,” Mr. Clemmons said.

        State law prohibits public officials with outside employment from taking any official action, including voting and deliberating, on matters that have “direct” and “definite” impact on his or her employer.

        Mr. Holtegel, who owns Classic Coffee and Vending, a coffee and vending business in Fairfield, recently abstained from a matter involving Village Green and coffee. Lane Public Library officials wanted to offer coffee to library-goers but City Council unanimously turned that down. Mr. Holtegel did not discuss or vote on that issue.

        “I couldn't give it a fair shot,” he said when asked why he abstained. But he added he sees “absolutely no reason why” he shouldn't continue voting for and supporting the community center.

        “There is absolutely no conflict of interest, at least in my opinion,” Mr. Holtegel said.

        But some residents, especially those who support building the justice center before the community center, disagree.

        “It might not be inappropriate, but it doesn't pass what I would call the smell test,” said Robert Kramer, who doles out free drinks to Fairfield police through his “Pops for Cops” program. “It's unfortunate for him to have these two interests because people opposed to the community center will say that's a conflict. The mere fact that there is an appearance of a conflict, I think, is a reason not to vote.”

       



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