. Also of concern to the citizens at the meetings was the appearance of Bank of Amador President Larry Standing’s name on a list of the project’s supporters. The City Attorney, Tom Gibson, when asked for an opinion at a recent city council meeting stated that he did not see any conflict. He has now followed up with a lengthy written opinion that states much the same thing- no conflict exists for Commissioner Garibaldi. Gibson begins by explaining that Commissioner has on file with state Fair Political practices Board statements that show that he does have enough financial interest in the Bank of Amador to potentially have a conflict regarding issues that come before the planning Commission in which the bank has a direct or indirect connection, however in this situation neither of those criteria exists.
Gibson points
out that the Bank of Amador has no past or present connection with the project
or the developer New Faze. Gibson points out that there are many other
lenders that could and will be making mortgages on the potential homes and
therefore there is no conflict under the Fair Political Practices Act. Gibson emphasizes
the law, which states that a business entity is directly involved in a decision if the
entity is named as a party to the proceeding, initiates the proceeding
by filing an application, claim, appeal or similar requests or is otherwise the
subject of a proceeding. Since the Bank has not played a role in the Jackson Hills
project application process, it is not directly involved in the Planning
Commission’s action on the project. Regarding the matter of indirect
involvement or the question of Garibaldi’s economic
interests regarding the issue of could he personally profit from the decision
made by the planning commission in regards to the Jackson Hills Project or for
that matter any decision Garibaldi participated in, Gibson also states that there is no
information that supports the conclusion or even suggests that Commissioner Garibaldi’s
economic interests, including an incentive bonus he may receive, is in any way
related to the Jackson Hills project. Gibson states that Based on the
facts as presented, Commissioner Garibaldi’s economic interests in the Bank do not
establish a conflict of interest in relation to the Jackson Hills
project.