COMMUNITY
Council seeks ethics opinion on
planning commissioner
By DAN WHOM?
danwhisenhunt@reporternewspapers.net
David Rubenstein joined the Sandy
Springs Planning Commission in 2006
and he’s also been the city’s real estate
broker since 2006.
Now some members of Sandy
Springs City Council want to know
whether his service is a conflict of inter
est. Rubenstein has been representing
the city in various real estate transac
tions throughout his time on the Plan
ning Commission. He’s also been asked
to continue in that role as the city looks
at acquiring property for its downtown
development plans.
During the Jan. 15 City Coun
cil meeting, Councilman Tibby Deju-
lio and Councilwoman Karen Meinzen
McEnerny asked City Attorney Wen
dell Willard to research the question,
and the council decided to delay reap
pointing Rubenstein until Willard pro
vides an answer. City Council will like
ly take up the appointment again in
February.
Rubenstein declined to comment
about his work for the city and ques
tions about conflicts of interest.
“Whatever the city council determines
is appropriate, I support,” he said.
It’s not clear how much Rubenstein
has profited from his work as the city’s
broker. He represented the city in 2008
when it paid $8 million for the old
Target property at 235 Johnson Fer
ry Road, and records show he made
$80,000 on the deal. He also represent
ed the city when it negotiated the lease
for its current office space at Morgan
Falls Office Park, according to news ar
chives. Whether Rubenstein will con
tinue to serve on the Planning Com
mission is not certain. Members of the
Planning Commission do not receive
payment for their work, but could po
tentially be asked to consider matters
where they have a conflict of interest.
Willard said he has told council
members there’s a provision in the city’s
ethics ordinance that limits a public of
ficial’s ability to do business with the
city.
“Under the wording of the ordi
nance, he is able to serve on the com
mission,” Willard said. “He would be
limited by the ordinance to work he can
do for the city, not to exceed $2,500.”
Section 2-115 of the city’s eth
ics code states, “The city is prohibited
from entering into any contract with a
David Rubenstein
business in which a public servant or
a public servant’s partner in interest
has a controlling interest involving ser
vices or property of value in excess of
$2,500.”
Planning Commission Chairman
Lee Duncan said Rubenstein’s work as
the city’s broker hasn’t been an issue for
the Planning Commission.
“David has been very, very forthcom
ing on everything that’s come before us,”
Duncan said. “I think he’s recused him
self once or twice. I certainly don’t con
sider there to be any ethics issues.”
While Rubenstein has served as
both a broker and Planning Commis
sion member since 2006, Dejulio said
he only recently decided to ask if that’s
a conflict of interest.
“It just really occurred to me that
he’s done a lot of business with the city
and whether this was proper or not,”
Dejulio said. “You know we’ve tried
to keep all kinds of conflicts out of the
city and I just was inquiring with our
council whether this was proper.”
Meinzen-McEnerny said the issue
has bothered her “since Day 1.”
“I certainly totally supported Tib-
by’s initiating it, and actually wish I’d
brought it up much earlier myself,”
she said. “I think it’s important for the
public to know that the people that are
on these boards are truly independent
as public servants.”
Sandy Springs Government Calendar
The Sandy Springs City Council usually meets the first and the third
Tuesday of each month at 6 p.m. at City Hall, which is located at
7840 Roswell Road, Building 500
For the most up to date meeting schedule, visit
http://www.sandyspringsga.org/Calendars/City-Calendar
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