By Aberdeen Insider - March 27, 2025 in CITY OF ABERDEEN
RESOLUTION NUMBER 25-03-02R
RESOLUTION INVALIDATING VOTES OF A
COUNCIL MEMBER DUE TO CONFLICTS OF INTEREST
WHEREAS, Councilman Richard Ward disclosed to the Council on March 17, 2025, that he participated and voted on matters involving the interests of a present business client of the Aberdeen Development Corporation (ADC), which actions were a conflict of interest in violation of Section I.4(g) of the Conflicts Of Interest Policy (“Policy”) and Aberdeen City Code, Sec. 2-2; and
WHEREAS, the Council finds that Councilman Ward worked diligently with the Finance Officer to identify the following matters before the City Council involving a present business client as defined by Section I.4(g):
- At the council meeting of January 6, 2025, approval of Pay Request #1 for the Water Treatment Plant heat exchanger improvements in the amount of
$102,511.80 to Climate Control. Upon roll call, all voting aye, with Schaunaman abstaining.
- At the council meeting of February 3, 2025, approval of Pay Request #2 for the Water Treatment Plant heat exchanger improvements in the amount of
$188,235.00 to Climate Control. Upon roll call, all voting aye, with Schaunaman abstaining.
- Approval of payment of the City’s bills, including Climate Control as a vendor, as audited and itemized by the Finance Officer, at the council meetings of November 25, 2024, January 6, 2025, January 21, 2025, February 3, 2025, February 18, 2025, and February 24, 2025. Upon roll call, all voting aye, with Schaunaman abstaining on January 6, 2025, January 21, 2025, February 3, 2025, February 18,
2025, February 24, 2025, and Ronayne abstaining on February 24, 2025. Motion carried on each of the above dates.
WHEREAS, except for the votes upon the heat exchanger improvements, all the matters voted upon by Councilman Ward involved routine approvals for payment of the bills of the City; and
WHEREAS, bringing a Complaint in a formal proceeding before the Board of Ethics is unnecessary as Councilman Ward, by his admission, has established probable cause of the violations and this matter is properly before the Council for its findings and remedies; and
WHEREAS, the Council finds that violations of Sec. 2-2 and the Policy did occur and that such violations were due to inadvertence or inattention by Councilman Ward and not to secure for himself or any business client a special advantage or privilege; and
WHEREAS, SDCL § 6-1-17 and Sec. 2-2(b) provide that invalidating an official’s vote is the sole legal remedy when the official with a conflict of interest or direct pecuniary interest participated in discussion or voted on a matter before the governing body; and
WHEREAS, it is the determination of the City Council that the vote of Councilman Ward upon each of the above matters should be invalidated; and
WHEREAS, all the decisions of the Council in the matters in which Councilman Ward improperly voted were unanimous so that invalidation of the votes of Councilman Ward does not affect the outcome of any Council decision; and
WHEREAS, Section III.2. of the Policy provides that a violation of Section I may be remedied by public reprimand, an administrative fine, and/or removal from office; and
WHEREAS, in fashioning an appropriate remedy for the violations of the Code and the Policy, the City Council recognizes the honorable and conscientious public service of Councilman Ward since his election to this body in 2024, his prompt, voluntary, and public disclosure to the Council of his conflict, his subsequent efforts to identify other matters in which he had a conflict, his plan and commitment to be vigilant in identifying future conflicts as they may arise, his acceptance of full responsibility for his actions, and his contrition and remorse before the Council since the disclosure.
NOW, THEREFORE, BE IT RESOLVED that, because of the violations of Aberdeen City Code, Sec. 2-2, and of Section I.4(g) of the Policy, the vote of Councilmember Ward on each of the above matters is hereby invalidated. Such invalidated votes do not affect the outcome of the decision of the City Council on any of the matters. No additional remedies shall be imposed by the Council upon Councilman Ward.
The foregoing Resolution No. 25-03-02R was adopted at a regular meeting of the Aberdeen City Council on the 24th day of March, 2025. Number of AYES: 7, Number of NAYS: 0, Ward abstaining. /s/ Travis Schaunaman, Mayor, ATTEST: /s/ Jordan McQuillen, Finance Officer
Published once on March 27, 2025, at the total approximate cost of $45.92 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com