[CORRECTION] A previous version of this article claimed that England’s relationship with Davis predated Garland’s acquisition of Code Red, but this was based on an April 2, 2013, council meeting that had been to approve a new agreement with Code Red. England was not employed in the City Attorney's office at the time of the acquisition. An additional note is in brackets to clarify family ties more specifically.
Garland, TX – In Texas, conflicts of interest are typically confined to familial relationships, leaving friendships largely unregulated. While the City of Garland has recently taken steps to adopt a new nepotism policy, it is also a good time to discuss the difference between nepotism and cronyism.
A recent vote regarding MD Health Pathways has brought the issue of cronyism to the forefront, particularly when examining the relationship between Garland City Attorney Brian England and MD Health Pathways’ Brian Davis [specifically, England’s brother and sister-in-law reportedly attended the same church as Davis about 20 years ago]. These two individuals have ties that extend back for years, with Davis connected to the England family for more than a decade. Notably, Davis’ wife also shares documented relationships with the England family, raising questions about the appropriateness of their professional interactions and whether it should have been disclosed in an open meeting.
Davis is credited with bringing Code Red to the City of Garland, which is a public safety communication service that delivers geographically targeted, time-sensitive alerts to residents and businesses via phone, text, email, and a mobile app.
While there is nothing illegal or technically unethical about the interactions, the State Bar of Texas clarifies that it may be wise to disclose such relationships, although it may not constitute a direct conflict of interest unless confidential information about the city is improperly disclosed.
Currently, City of Garland code does not prohibit doing business with friends, nor does it compel a City Attorney to disclose such relationships in an open meeting; however, the Procurement Department is held to a higher ethical standard concerning conflicts of interest. The city’s Ethics in Procurement guidelines emphasize the importance of avoiding the intent and appearance of unethical practices in relationships, actions, and communications. The guideline specifies the following:
PERCEPTION
Avoid the intent and appearance of unethical or compromising practice in relationships, actions, and communications.
The results of a perceived impropriety may become, over time, more disruptive or damaging than an actual transgression. If a situation is perceived as real, then it is, in fact, real in its consequences.
- Avoid the appearance of unethical or compromising practices in relationships, actions, and communications.
- Avoid business relationships with personal friends. Request a reassignment of responsibility if the situation arises.
- Avoid noticeable displays of affection, which may create an impression of impropriety.
- Avoid holding business meetings with suppliers outside the office. When such meetings occur, choose locations carefully to prevent perceptions of inappropriateness.
In discussions with two former City Attorneys, it was noted that while there is nothing illegal or unethical about a City Attorney advising the city even when a friend is a potential vendor, the prevalence of friendships among officials can complicate vendor selection. This raises important questions: Should the City Attorney and City Manager’s office be held to the same procurement standards outlined in the Ethics in Procurement guidelines? Should conflicts of interest encompass friendships? If so, how do we define the degree of friendship required to meet that standard, especially given that Texas law does not explicitly mandate such disclosures?
While it may be challenging to legally define a friend, transparency is crucial. The community deserves to know about potential conflicts of interest rather than discovering them through hearsay or speculation. As Garland considers its new nepotism policy, the city must also address the potential impacts of cronyism and ensure that the integrity of its procurement processes is upheld and public trust remains intact.
