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Elk REQUEST FOR ACTION <br /> River <br /> To ITEM NUMBER <br /> Economic Development Authority 3.5 <br /> AGENDA SECTION MEETING DATE PREPARED BY <br /> Consent February 11, 2013 Clay Wilfahrt,Assistant Director of <br /> Economic Development <br /> ITEM DESCRIPTION REVIEWED By <br /> Review Conflict of Interest Disclosures Suzanne Fischer, Community <br /> Operations and Development <br /> Director <br /> REVIEWED BY <br /> Cal Portner, City Administrator <br /> ACTION REQUESTED <br /> Review the conflict of interest disclosures from Commissioner Provo and Annie Deckert <br /> BACKGROUND/DISCUSSION <br /> On January 17, staff learned that Alliance Machine intends to apply for the Forgivable Loan Program. <br /> EDA Commissioner Bryan Provo is also the Vice President of Affiance Machine. Affiance Machine has <br /> contracted with former Director of Economic Development Annie Deckert to help with their <br /> Forgivable Loan application. The federal guidelines attached to the Forgivable Loan Program indicate <br /> that both of these are potential conflicts of interest. <br /> The Department of Employment and Economic Development said that there would be no conflict if <br /> the city attorney concluded that no state or federal laws would be violated,proper disclosure was made, <br /> and Mr. Provo refrained from future discussion and decisions pertaining to the Forgivable Loan <br /> Program. <br /> Staff contacted attorney Jenny Boulton to get her professional opinion of the matter. Ms. Boulton <br /> stated that no state or local laws would be violated by the application or the involvement of Mr. Provo <br /> or Ms. Deckert. She recommended that Mr. Provo submit the attached letter to the EDA to disclose <br /> the potential conflict and commit to refrain from future discussion and decisions related to the <br /> Forgivable Loan Program. Jenny further explained that the initial correspondence sent by Ms. Deckert <br /> on January 23 explaining her potential conflict satisfies her disclosure requirements. <br /> ATTACHMENTS <br /> • Federal Guidelines on Conflict of Interest <br /> • Correspondence with Jenny Boulton Re: Conflict disclosure and state and local laws <br /> • Jenny Boulton's Legal Opinion <br /> • Letter of Disclosure of Potential Conflict of Interest from Commissioner Provo <br /> • Correspondence with Annie Deckert Re: Conflict Disclosure <br /> r ® itaii 1c <br /> NAME <br />