COMMUNITY
Lawyer: It’s OK for Brookhaven councilman to hold school job
“I very much hope that it puts the
issue to bed. My reading of it is very
clear. There were no ethics violations.
- BATES MATTISON
BROOKHAVEN COUNCILMAN
CONTINUED FROM PAGE 1
practice would be that Mr. Matti-
son leave the dais and exit any meet
ing, conference or forum at which
any matter regarding the BIA is be
fore the council or the Development
Authority.”
“I’m really glad that we have this
opinion and I think it will clear the
air on any questions that have been
raised,” said Williams. “I do think it’s
not a green light, but a caution light,
to Mr. Mattison moving forward on
how he does need to recuse himself...
and I hope he does monitor his do
nor list” for those who might have city
business, she added.
BIA is a new public charter school
started through efforts by City Coun
cil. The state approved BIA’s charter
earlier this year and the school is in
the process of forming. BIA is now an
independent nonprofit with a largely
private board that also includes Mat-
tison’s fellow City Councilman Joe
Gebbia. Mattison, an original BIA
board member, was hired earlier this
month as BIA’s Interim Executive Di
rector.
Mattison’s hiring was not immedi
ately announced and was a surprise to
his fellow council members. On Nov.
16, Williams ordered an indepen
dent legal review of any ethical con
flicts, expressing particular concern
about Mattison’s BIA contract includ
ing a 10 percent commission on funds
raised for the school.
Bentley’s opinion says Mattison
would run into serious ethical trouble
if he participated in council votes relat
ed to BIA, as that would be “improper
and illegal.” But, Bentley notes, Matti
son has recused himself from BIA-relat-
ed discussions at City Council and the
city’s Development Authority since late
August, well before BIA hired him. He
also recused himself when BIA came up
at the Dec. 1 City Council meeting, af
ter the opinion’s release.
Bentley notes that Mattison was in
volved in talks and a vote about the city’s
potential purchase of a Skyland Drive
office building that BIA was eyeing as a
school location. But, Bentley adds, that
appears to be moot as BIA board min
utes show the school cannot occupy that
building by the start of classes. BIA re
cently approached the council about ac
quiring land next to the building.
Brookhaven city code allows coun
cil members to have a financial stake
in groups it does business with, if the
council member discloses that inter
est, abstains from votes related to it,
and doesn’t profit from private infor
mation, Bentley’s opinion says.
“I very much hope that it puts the
issue to bed,” Mattison said of Bent
ley’s opinion. “My reading of it is very
clear. There were no ethics violations.”
He acknowledged that the review
led BIA to realize a commission on
fundraising is “frowned upon” with
in the industry, as well as raising the
council’s concerns that he would have
to recuse himself often if donors had
city business.
“I think the change in his compen
sation was a good move,” said Wil
liams. “That was problematic and has
been cleared up.”
She said the opinion was “well
worth the effort and the modest ex
pense.” Bentley had not billed the city
for his work.
But Mattison said that, while he
consented to the council’s desire for
the review, he thought it was a distrac
tion from city business and bad for the
city’s reputation.
“To an outsider, all they saw was,
‘Brookhaven—ethics investigation,”’
Mattison said. “That can be harmful
when you’re talking about econom
ic development for a city,” he said,
adding that is a main motivation for
founding BIA.
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