Who's conflicted?

Who does and who does not have a conflict of interest was at least one highlight of discussion during the January 12 meeting of the Saratoga-Carbon County Impact Joint Powers Board (SCCIJPB).

As the relationship between the Saratoga Town Council and the joint powers board appear to grow strained month-after-month, tensions have risen in the monthly meeting of the water and sewer joint powers board. During the most recent meeting, accusations regarding conflicts of interest were levied at the two engineers who serve on the board; Councilmember Jon Nelson and SCCIJPB Vice Chair Craig Kopasz.

Nelson owns North Fork Engineering while Kopasz is employed by Engineering Associates.

The first accusation came from Ryan Munks, the newest joint powers board member. While the board was discussing the Spring Street water main project and other projects for the One Percent Specific Purpose Sales and Use Tax (6th penny tax), Munks asked Nelson if North Fork Engineering would be “working on the backside of any of these projects” if either American West Construction or Element Engineering were to bid on and be awarded the projects.

Both companies—along with six others—are listed as partners on the website for North Fork Engineering.

“Not while I’m on the council,” said Nelson. “Do you know why? It would be a conflict of interest, right? Because then I would have a pecuniary benefit in some Town of Saratoga work, right? So, straddling that line and trying to do what’s best for myself and do what’s best for the council at the same time, there’s plenty of literature about how that’s not ethical.”

Nelson further stated he had made a commitment when running for Saratoga Town Council in 2018, his company would not be involved with any projects for the Town of Saratoga while he served on the council. 

“You list them as a partner,” said Munks. “They could be paying you on the backside for doing some side work.”

“That’s a real steep accusation,” replied Nelson.

While Chairman Richard Raymer brought the conversation back to the topic of potential projects for the Town of Saratoga and the SCCIJPB, the discussion surrounding conflicts of interest would return later in the meeting. Jon Winter, Director of Public Works, explained both the Wyoming Department of Environmental Quality (DEQ) and the Environmental Protection Agency (EPA) required the soon-to-be demolished bolted tank to be physically separated from the water system before the process to decommission the vessel could begin.

“So I had talked to Craig (Kopasz) about seeing if he could put together a quick and dirty drawing that would show the physical separation,” said Winter.

Following Kopasz’s explanation of the process—which included cutting a section of the pipe and placing a cap on it—the board discussed the $500 cost of the task order requested by Winter. Nelson, citing Munks’ earlier comments, stated Kopasz had a conflict of interest.

“I would say that while that seems to be totally reasonable, I think it’s a conflict of interest and it’s a pecuniary benefit and especially in light of Mr. Munks’ comments a few minutes ago, I take objection to it,” Nelson said. “Craig’s a board member.”

SCCIJPB member Russ Waldner appeared to defend Kopasz.

“I don’t see that it’s a conflict of interest because Craig wasn’t voted upon to be on this board. The people looked at his application. It’s a small community. It’s difficult to get anything done if you don’t use the personnel that you have in your small community,” said Waldner. “While I appreciate your steadfastness to your conflict of interest, I just don’t see that in this case.”

Wyoming State Statute 6-5-106(a) reads “a public servant commits an offense if he requests or receives any pecuniary benefit, other than lawful compensation, on any contract, or for the letting of any contract, or making any appointment where the government employing or subject to the discretion or decisions of the public servant is concerned.”

The following subsection, Wyoming State Statute 6-5-106(b) reads “If any public servant disclosed the nature and extent of his pecuniary interest to all parties concerned therewith and does not participate during the considerations and vote thereon and does not attempt to influence any of the parties and does not act for the governing body with respect to the contracts of appointments, then the acts are not unlawful under subsection (a) of this section.”

While, ultimately, the motion to approve the task order presented by Kopasz passed it did so with Kopasz abstaining and Nelson dissenting.

The next meeting of the Saratoga-Carbon County Impact Joint Powers Board will be at 6 p.m. on February 9 at the Platte Valley Community Center.