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Commissioner's actions
were a breach of ethics
In the April 28
edition of the Citizen there is an article about attorney Ed Scales,
who, while being the general counsel for Historic Tours of America,
testified before a legislative subcommittee ... as the representative of
the city of Key West. Attorney Scales did not advise the subcommittee
that he was the attorney for one of the parties in the lawsuit involving
the matter before the commission, when he testified for legislation to
provide authority which would benefit his private client.
Attorney Ed Scales is
quoted as saying, "... As I've stated, while I do not believe there was
a conflict of interest for me to testify for the bill, I certainly can
now (unfortunately, after the fact) appreciate how folks unfamiliar with
the issues may perceive the appearance of one; and I don't want to, in
any way, compound that appearance by any further involvement in this
matter. ..."
Attorney Ed Scales is
quoted as saying, "... As I've stated, while I do not believe there was
a conflict of interest for me to testify for the bill, I certainly can
now (unfortunately, after the fact) appreciate how folks unfamiliar with
the issues may perceive the appearance of one; and I don't want to, in
any way, compound that appearance by any further involvement in this
matter. ..."
As someone who is
familiar with the issues, including the issues of conflict of interest
and legal ethics, it appears that there was a significant breach of
ethics and a definite conflict of interests. Mr. Scales had two
loyalties, one as the representative of the city, and the other as the
representative of his primary employer, Historic Tours of America. Which
concern was he representing? Clearly the position that he advocated with
the Legislature (and with the city) benefited his employer. Would
someone who did not have a stake in the result come to a different
opinion on behalf of the city, both as a city commissioner and as a
representative before the Legislature? His decision to recuse himself on
any discussions of this issue should have come before his testimony, not
after he has done his employer's bidding.
Wayne Dapser
Key
West |
