To recuse, or not to recuse? Questions arise around MSB assembly members and the gravel ordinance

There have been questions regarding whether Matanuska Susitna Borough (MSB) Assembly members who have businesses related to the gravel industry, and specifically the gravel ordinance being proposed by the MSB Assembly, and whether or not they should recuse themselves.

Recusal is addressed in the MSB Code of Ethics. Section 2.71.080 deals with specifically with recusal.

“A municipal official shall recuse himself from acting on any matter or proceeding coming before a borough-elected body, board, commission, or committee of which the official is a member when the matter or proceeding involves any person who is, or has been, a client of the official or the official’s firm or partnership within the 12-month period immediately preceding the date of the action.”

There is also the issue of personal issue. The MSB is large, roughly the size of West Virginia. There are 7 members

There is also the issue of personal interest, and what could conflict with the business of the Borough. Within the same Code of Ethics, Section 2.71.070, it states that among the prohibited acts is misuse of official position.

“A municipal official may not, among other things, use borough time, property, equipment or other facilities to benefit substantial financial interests…or take or withhold official action in order to affect a matter in which the municipal official has a substantial financial interest…or attempt to benefit a personal or financial interest through coercion of another municipal official covered by the code.”

Within the same section, the code also states that a municipal official may not represent a private or public interest in any action or proceeding that would be against the interests of the Borough to which the Borough is a party. The section does not apply to any member of the assembly or a municipal official appearing before governmental agencies in behalf of or as a representative of constituents in the course of official duties; or

During the MSB Assembly meeting, the issue was addressed when Assembly member Rob Yundt asked his fellow Assembly members if there was anyone who felt they had a conflict of interest. Yundt went on to express that he himself had been asked by a constituent if he should recuse. Yundt did state for the record that while he is a carpenter, he does not own a gravel pit, or any of the equipment mentioned when discussing gravel pits, such as a loader or dump truck, but would adhere to MSB Mayor Edna DeVries if she decided recusal was needed.

“In my opinion, you do not have a conflict,” she told Yundt.

Yundt is the owner of Robert Yundt Homes, having teamed with his brother to build and sell his first Spec home when he was 20, and a few years later, creating Robert Yundt Homes. According to his website, “has since built and sold close to 100 projects around the Valley, most of which were “pre-sold” and range in size from Single Family to 32 Unit Projects.”

Assembly member Tew, who has been under scrutiny as the originator of the ordinance, said that while he had been in the gravel business, he is no longer part of the business.

“I’ve been involved in gravel for 20 years in the Borough, but currently I’ve been out for a couple years. I do have some property that has pits on it, but they haven’t been active for a couple years, nor do I have plans for them to be active,” he told the Assembly. Tew went on to say that he felt he didn’t have a conflict, but if his fellow assembly felt there was one, he would stand back from the discussion. Mayor DeVries said as long as he didn’t have any pits in operation, there was no conflict.

The third, and newest assembly member, Dmitri Fonov said that he works in the excavation business, requiring him to have equipment and a dump truck, and that his extended family has a permitted pit, but the he himself does not benefit from it.

Assembly member Dee McKee did ask for clarification in regards to conflicts of interest and how far back that should go with family members

“The ethics code does talk about personal interest, and conflict of interest can relate to personal interest held by your immediate family members, and that’s why the code (of Ethics) says that for elected officials, you make the disclosure and the Mayor makes the ruling,” explained Borough Attorney Nicholas Spiropoulos to the Assembly.

“Members are free to express their opinion whether or not they believe they present a conflict or not, but members are supposed to disclose it to the Mayor, who makes the ruling.”

At this time, no member of the MSB Assembly has recused or stated a personal conflict with the gravel ordinance.