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Berrey/Frey Ethics Repo~t December 14,1995 The Statesman Joumal published an artide on the possible cor-fl~ct of interest Mr. Berrey and Mr. Frey might have in the projed. The aficc;le says, in pait, "Neither has nan afoul of state ethics laws, but they have potential conflicts of interest, said Patrick Heam, director of the Oregon Govemment Standards and Practices Commission. They have been advised to steer clear of taking part in any decisions that would profit them directly. `We've been very careful about not stepping over the line to give anyone an u~air advantage~' said R.G. Andersen,llVyckoff~ transit district general manager...Consideiing the comnlexitv of ~~MG'J~ and that both men are active c~mmer+cial r+eai estate I~ayers. the ~oberrtiai cor~flicts may not come as a sumrise... Heam said statie ethks laws don't preverrt Frey from having an inter+est in the building. Howe~rer. he must announce tfiat tfiere is a possible co~lict and keep out of final decisions on the site:..With a direct irrte~+e.st in the project, Bemey wo:;!d have to keep out of a~y transit district decision relabed to it, H~m said. `That one r+eaily gets stickY.' he said. `ff he got to tfie poir~t wher~e he was servi~g as de~veloper of the project, it wouid be almost impossible as a pracdcal matter for him bo cotrtinue on the boaM.'..: It may. come down to that (not bidding the project), because my reputation is a111 have," he (Berrey) said. N can't affonl to have my die~rtele thi~k that I'm not doing things above boar+d." ~ Decembe~ 21,1995 , The Transit Board met a~ regular open public session to discuss and auttwrize secuiing of oertain Federal Section 3 funds f~ fhe Transit Center. "Dinecta~ Frey stabed for the record that he has a conflict of i~rter+est and will not discuss or vote on this issue. Director Bemey stated for the r+er~orcl that he too has a poterrtial conflict of irrte~+est and wili not discuss it or vote on this '~ issue." The rrwtion camed 5-0 by roil call vote. Dir+ectors Bemey and F~+ey abstained. January 25,1996 ' The Transit Board met in r+egular open public session to discuss and autliorize secura~g ffie se~rioes of tl~e Coutxil of Govemmertfs (COG) to perFortn the r+equir+~+ed Ernironmentai Assessment ott the Senata' ' Blodc to seame Federal Grant fu~g. "For the r+ecad, Direc~or Bemey dedared a poterrtial conflict of i~tieerest on this topic, and said he would not dlscuss or vote on the issue. Directo~ Frey also declared a conflict of i~tenest" The modon cartied 4-0 by roil call vote. Directors Bemey , and Fr+ey abstained and Direc~or M~ler was ~t. May 2,1996 ' Andersen-Wydcoff reoeives fax of Mr. Bert+eys letter of oesignation fran the Transit Board. Mr. Bemey says~ in part. "As you know, 1 have submitted an applic~tion to become the developer of the Cou~thouse Square project. Since the pubiic might peroei~re that a potent~al conflict of i~rterest ~ may exist by my contlnuing on the Board of Directors, I feel that it is in the best interest of the Mass Transit Distrkt that 1 resign as a Director for District One effective immediately...l realiy have mixed feeling writing this lettsr. I am, however, corninced the public and tfie district are best served by this action " ' May 3~ 1996 ' The Statesman Joumal repo~ted on tlie Bemey res~gnation. The artide says ~ pa~t, "Oregon law has speaal provisions to deai with conflicts of ~te~est, cmcumstances when a publ'~c official stands to make ~ •P e3 a9 '