Editorial Editorial (May 07, 2004)

Glaring conflict should be stopped

When does a "perk" constitute a conflict of interest?

The disclosure in last week's Voice that city council member Greg Perry is refusing to accept the two free season VIP tickets to Shoreline Amphitheatre traditionally given to council members raises serious questions.

The issue is especially important now, as the city and Clear Channel Communications, the huge entertainment conglomerate that operates Shoreline on city property, are dueling in court over thousands of dollars in parking fees and other compensation the city believes it's due.

By accepting and using the box-seat tickets while making decisions on the city's legal strategy in the Shoreline case, council members expose themselves to charges of conflict of interest, despite City Attorney Michael Martello's assertion that the tickets have no cash value. And the fact that the tradition dates back to the very beginning of the city's relationship with Shoreline is hardly justification to continue the practice, given the values involved.

To claim that a set of two box-seat tickets that would sell to the public for $8,750 (half the $17,500 quoted cost of a 4-seat box) per season has no value is a questionable legal view at best. One council member could receive and use tickets worth nearly $9,000 in a 40-event season, which amounts to a huge perk that far exceeds the state guideline limit of $340. After receiving cash or gifts of that amount or more, state law says a public official should refrain from voting on a related issue.

Martello told the Voice that because the tickets are included in the city's contract with Shoreline and distributed based on an official policy, council members are not violating California law. The tickets are not "bought and sold," and therefore legally have no value, he said.

But Perry's decision to donate his tickets to the Mountain View Educational Foundation to sell at auction negates that assertion. And we suspect that bidders for the tickets will know that they include access to a special parking lot, free appetizers before and during the show and entry into two VIP refreshment areas. It is very likely that a pair of box-seat tickets to a big-name event could go for a thousand dollars or more.

The city council should take immediate steps to insulate its members from what appears to be a very clear conflict of interest presented by accepting the free tickets. Whether the tickets are received by contract or in other ways makes no difference. In our view, if council members are going to be making decisions about the direction of the city's legal action against Clear Channel, it simply is not appropriate for every council member to have accepted property from Shoreline that could be worth more than $8,000 over a concert season.

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