A Douglas City Council member with local business stakes maintains he has no conflict of interest despite also being employed across the U.S-Mexico border for the government of the city of Agua Prieta, Sonora

Robert Fernandez, who was elected a Douglas councilman in 2008, was named director of economic development for Agua Prieta in September.

Later that month, former Douglas Councilman Ben La Forge wrote to Douglas City Attorney Juan Pablo Flores stating that Fernandez should think about how his roles could create “suspicion and doubt of perceived impropriety.”

“There will always be doubt as to how he stands to gain personally as well his influence in decisions on both sides of the border. Is he going to look out for the city of Douglas, where he was elected by the people to work in the voters’ best interest, or the city of Agua Prieta, or his own personal business interest?” he stated.

Flores inquired about the concerns raised by La Forge. He received a letter in late October from Vicente Teran Uribe, mayor of Agua Prieta, explaining the city had actually hired Fernandez and his family’s firm as a consultant on individual projects for purposes of bringing work force and tourism to the region.

In a legal opinion dated Nov. 2, Flores stated Fernandez’s position in Agua Prieta is contractual in nature, and therefore it does not “run afoul” of any Douglas city charter provisions, including one that prohibits councilmen from holding other elected public office positions for which they receive compensation.

Flores also stated he reviewed the state law and found no violation with Fernandez being employed as a consultant.

“Although I see no blatant conflict of interest, that does not mean a possible conflict could not arise in the course of his employment with the city of Agua Prieta,” he stated. “The consultants will have to pay particular close attention on a case by case basis to prevent potential conflicts of interest and to refrain from conduct or action on any attending matter, should any such conflict arise.”

Fernandez toldWick News Service that since 1980, he and his family’s consulting firm, “Bob Fernandez & Sons,” worked to attract about 36 companies to Douglas and Agua Prieta. As a result, the city of Agua Prieta has hired him because more companies are needed.

He said he was initially given the title of economic development director of Agua Prieta in September, but his position has since been changed to consultant. He said he does not feel he is acting illegally by getting paid as a consultant for Agua Prieta and being a Douglas councilman.

In the letter to Flores, La Forge stated, “The mayor and council should be extremely sensitive to this flagrant move of impropriety.”

Douglas Mayor Michael Gomez said his administration is following the law and will continue to do so.

“Whenever there is a meeting and a councilman has a conflict of interest, they declare it,” he said. “They are smart enough to know when they have a conflict of interest.”

Fernandez added he thinks La Forge decided to raise the concerns because he was “green with envy.” Fernandez pointed out La Forge sought re-election to the Douglas council in 2008 but lost to him.