An investigation by the City Auditor has found Mayor Dewey Bartlett, Jr., in violation of the City of Tulsa Ethics Ordinance, (Title 12, Chapter 6, Tulsa Revised Ordinances), specifically Sections 600 and 605, regarding his acceptance of free legal representation from attorney Joel Wohlgemuth, who has also provided contracted legal services to the City.
The Auditor's transmittal letter and full 47 page report are available for download (PDF format):
A violation occurred regarding Title 12, Chapter 6, TRO Ethics Code, Section 600.
General Policy
Acceptance of free legal services from a city contractor does not comply with the requirement that “…individuals shall not…act in such a way as to give an appearance of any impropriety”.
The attorney-client relationship meets the definition of Personal Interest of the Ethics Ordinance. Although the free legal services were intended as a public service and not for personal gain by the Mayor; the free legal services are a personal benefit to the Mayor through avoidance of personal legal expenses. There reasonably could be an appearance of impropriety due to personal benefit received and the Mayor’s position to potentially approve future contracts between the City and the Contractor.
Recommendations
The Mayor should request an opinion on appearance of any impropriety from the Ethics Advisory Committee before accepting free services intended as public service from City contractors. To make clear the free services are a public service, the Mayor should obtain City Council approval of acceptance of free service donations as required by Title 4,
Chapter 3, TRO Section 313 entitled “Donations” (Exhibit 8).
A violation occurred regarding Title 12, Chapter 6, TRO Ethics Code, Section 605. Gifts and Favors
The Mayor has accepted favor (free legal services), intended as a public service, from the Contractor by entering a pro bono attorney-client relationship. Value of the free legal services is unknown. The Mayor stated previous legal work he used from other providers in the past cost approximately $200 to $300 per hour. Neither the Mayor nor the Contractor knew how many hours the Contractor had applied to the pro bono legal services. One hour of free service would exceed the de minimis amount of $35.00 according to City of Tulsa Ethics Advisory Committee Recommendation 2008-02R (Exhibit 9).
The free legal services were intended as a public service and not for personal gain by the Mayor. However, the free legal services are a personal benefit to the Mayor through avoidance of personal legal expenses. There reasonably could be a perception of influence of performance of official duties due to the personal benefit received and the Mayor’s position to potentially approve future contracts between the City and the Contractor.
Recommendations
The Mayor should request an Ethics Advisory Committee opinion on influence or perception of influence in performance of official duties before accepting free services intended as public service from city contractors.
In event of any future contracts between the City of Tulsa and the Contractor, the Mayor should file with the City Clerk a disclosure of the personal interest (attorney-client relationship) with the Contractor and not participate in any City business with the Contractor. Any future business or contracts between the City of Tulsa and the Contractor should be approved by the Mayor Pro-tem given no personal, financial or organizational interest of the Mayor Pro-tem regarding the Contractor.
The Auditor also advised that the City establish a documented process for engaging outside legal counsel to avoid "manipulation or abuse, inefficiency and higher cost to the city."