In a statement released to reporters Saturday afternoon (below), Board Chair Mary Hynes and members Jay Fisette and Walter Tejada said they were “dismayed” that Garvey released an internal email she sent to them regarding what she saw as a possible conflict of interest in Board member Chris Zimmerman’s business dealings.
The Board is set to vote Monday on adoption of Virginia’s Public-Private Transportation Act (PPTA), which would allow the county to seek a public-private partnership for its streetcar project. Garvey asked whether Zimmerman should recuse himself, since he recently started doing consulting work for AECOM, a large planning, design and construction conglomerate that has worked on numerous streetcar and light rail project.
Hynes, Fisette and Tejada say that Zimmerman properly disclosed his work, and that Garvey’s “allegation that Mr. Zimmerman has a conflict of interest… has no basis in Virginia law.”
We are dismayed by recently-elected County Board member Libby Garvey’s public release of her email correspondence to us dated December 5. Her allegation that Mr. Zimmerman has a conflict of interest when it comes to voting on a change to our purchasing procedures for transportation projects has no basis in Virginia law or in fact – as the County Attorney has clearly laid out.
Mrs. Garvey strives to connect the Board’s consideration of the Virginia Public-Private Transportation Act (PPTA) to the possibility of a future conflict due to Mr. Zimmerman’s recent work with AECom Canada East as a consultant on projects limited by his contract to the greater Montreal area. Being a County Board member is classified as a “part-time” job and each of us has, from time to time, done other work for which we have been paid. Each of us has disclosed that income as required by Virginia law. Mr. Zimmerman’s October letter is a reflection of his commitment to transparency, filed with the Board Clerk and given to each of us in advance of any legal requirement so that all could be aware of his limited contract with AECom Canada East.
The proposal to consider the PPTA guidelines has been up on the County website since November 9. Consideration by the County Board, scheduled for late November, was delayed to December 10 at Mrs. Garvey’s request with an invitation for outstanding issues and questions to be identified for staff and Board review. To date, the Board has received two letters — both supportive of adopting the guidelines.
In an effort to provide greater clarity to the community, the Board has drafted and made public a resolution for consideration on December 10, that accompanies the PPTA guidelines and gives further direction to the Manager. This resolution requires the Manager to provide information about any unsolicited proposals to the Board at key junctures – including posting them on the County website – and to implement a plan for public review should any proposal be deemed worthy of further consideration. Because the PPTA can be used for any transportation facility, the public review would be tailored to the specific project. All of these procedures are consistent with Arlington’s practice of checks and balances to protect the integrity of our processes.
We have every confidence that this level of transparency will provide the Board, County staff and interested Arlingtonians with the information they need to consider whether any PPTA proposal meets our goals in a way that is fiscally prudent and operationally efficient. Despite Ms. Garvey’s allegations, Monday’s proposed action presents no conflict of interest for County Board members and, again, have no basis in Virginia law.