GILROY
– If Russ Valiquette doesn’t refrain from voting when City
Council considers a transfer of housing permits from Michael
Bonfante’s Hecker Pass nursery to a lot on his namesake theme park,
the Councilman will be violating the state’s Political Reform
Act.
GILROY – If Russ Valiquette doesn’t refrain from voting when City Council considers a transfer of housing permits from Michael Bonfante’s Hecker Pass nursery to a lot on his namesake theme park, the Councilman will be violating the state’s Political Reform Act.
City Attorney Linda Callon said Valiquette’s employment with Bonfante Gardens is a conflict of interest on all Council matters pertaining to Bonfante Gardens theme park.
The 1974 law mandates that politicians step down from any issue involving a source of their income greater than $500 a year. Until Tuesday, Valiquette said he was not entirely convinced he had to recuse himself from the housing permit issue.
“If the word Bonfante Gardens is in there, I’m stepping down,” Valiquette said, after learning the housing permit transfer would be requested by the park before selling a 33-acre parcel to the developer of neighboring Eagle Ridge.
Valiquette, an operations supervisor for the park, thought he may be allowed to vote on the matter under certain conditions since the sale of land would not directly impact his salary. However, Callon said she would advise Valiquette to step down on all park issues.
As for Mayor Al Pinheiro, his position on the park’s board of directors does not preclude him from voting on the housing permit transfer, Callon said. Pinheiro does not have a financial interest in the park since his position is volunteer and the park is non-profit.
“A conflict of interest is financial, not emotional,” Callon said. “Sometimes I even forget that.”
For instance, Callon said a Councilman who is a Rotary Club member can vote on a Rotary Club project since there is no financial connection to the issue.
Elected officials also can vote when they have the same financial interest as the general public. For instance, a business owner can vote on a business tax if the tax is levied across the community.
Pinheiro did not have intentions of stepping down on the housing permit issue and has already voted on a park matter that Valiquette recused himself for. In January, City Council amended a bondholders agreement so the park could avoid foreclosure. Pinheiro voted, Valiquette stepped down.
