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LARKIN, HOFFMAN, DALY& LINDGREN, LTD. <br /> Mr. Bill Rubin, Executive Director <br /> Economic Development Authority <br /> •Tune 7, 1994 <br /> Page 6 <br /> employment, is dependent upon the employer' s dealings with <br /> the City. See the discussion above. <br /> (8) Accepting other employment or public office where it will <br /> affect the official ' s or employee' s independence of judgment <br /> or require use of confidential information gained as a result <br /> of City duties . <br /> The recommendation contained in the discussion immediately <br /> above regarding confidential information also addresses that <br /> portion of this provision. The prohibition in this provision <br /> on accepting employment where it will affect the official ' s <br /> independence of judgment could apply to President Gongoll ' s <br /> situation but will not, by itself, require President Gongoll <br /> to resign. This provision will be complied with if President <br /> Gongoll scrupulously avoids acting on any matter which could <br /> affect his employer' s interests, either positively or <br /> negatively. <br /> (9) Acting as an agent or representative for another in any <br /> matter pending before the City or Council, except in the <br /> proper discharge of duties. For example, an official or <br /> • employee should not appear before City Council on behalf of a <br /> third party and seek to use their position or influence to <br /> sway the Council . <br /> This provision will prevent President Gongoll from appearing <br /> on behalf of his employer, or any other third party, before <br /> the City Council . I recommend that President Gongoll not <br /> represent Riverside, or any of its subsidiary entities, in <br /> any matter pending before the City Council . I would also <br /> recommend, in the spirit of complete compliance with this <br /> provision, that President Gongoll not appear before the <br /> Planning Commission or EDA either. <br /> Conclusion <br /> In conclusion, I recommend that the EDA discontinue the practice of <br /> distributing "confidential" Prospect Status Reports to the EDA <br /> Commissioners, and that all information provided to the Commissioners <br /> for their meetings be made available to the public at the meeting. I <br /> further recommend that President Gongoll and the EDA follow the <br /> following guidelines : <br /> ° President Gongoll should resign from the EDA if he has an <br /> ownership interest in Riverside or any of its subsidiaries; <br /> or if his compensation is dependent in any way on the outcome <br /> 111 of Riverside's dealings with the City. <br />