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The planned public hearing on the 's proposed soccer facility has been postponed following an allegation that Mayor Gary Phillips should recuse himself from the meeting due to a conflict of interest.
Phillips, who has a lease with the airport for a private hangar, requested written direction from the Fair Political Practices Commission, a state agency that strives to enforce objectivity in policy decisions, to confirm that he may lawfully participate in the decision.
"The city has been processing the soccer facility application for more than five years and it is obviously a significant local land use decision," City Attorney Rob Epstein said in a statement. "Under the circumstances, I think it is appropriate for the mayor to seek a pre-decision ruling, and for the city to delay the hearing on the matter until that ruling is obtained."
According to the FPPC, a public official must recuse himself from any decision where he has a financial interest in the outcome. San Rafael resident Barry Taranto first brought up the potential conflict of interest during the open public comment during a City Council meeting last month.
The decision to postpone the hearing was made by Assistant City Manager Jim Schutz and Epstein, who reviewed the allegations of conflict and determined that there is no disqualifying conflict.
"This opinion is shared by the mayor's private counsel, Vigo G. "Chip" Nielsen, a well-known expert on political law," Shutz said in a release.
Despite this opinion, Nielsen notified city staff that he intends to request that the FPPC provide a written ruling to confirm that Phillips may participate in the decision.
The planned recreational building, which was first proposed in 2004, was . The complex will house indoor soccer fields and courts with spectator seating, offices, food and beverage service and meetings rooms. There will also be two outdoor soccer fields with parking and exterior lighting.
The City Council meeting was scheduled for Aug. 6. City officials did not give a new date for the meeting.
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