-Editorial
The Brawley City Council voted during its regular meeting on May 6 to renew the city’s annual membership in the Imperial Valley Economic Development Corporation (IVEDC) for $5,000.
Councilman Timothy Kelley recused himself from the discussion and vote due to a conflict of interest, as he currently serves as president of IVEDC. By California Government Code Section 1090, Kelley’s role with the nonprofit organization constitutes a “remote interest,” which required him to abstain and leave the council chambers during deliberations.
City Attorney William Smerdon advised the Council that while Section 1090 generally prohibits public officials from participating in decisions where they hold a financial interest, an exception applies for officers of nonprofit organizations. Because IVEDC is classified as a nonprofit under federal tax code 501(c)(6), Kelley’s involvement falls within this exception, provided proper disclosure and recusal procedures are followed.
Smerdon emphasized the importance of adhering to these legal requirements to avoid serious consequences for both the city and the councilmember.
The $5,000 membership fee is a recurring expense included in the city’s non-departmental budget. Councilmembers expressed continued support for the IVEDC’s role in regional economic development.
The Council retained the option to forego renewal but opted instead to maintain its membership.
In other business, the Brawley City Council appointed Sean Wilcock to the Planning Commission, filling a vacancy created by the recent resignation of Darren Smith. Councilman Kelley abstained from the vote, disclosing that Wilcock is employed by him at the Imperial Valley Economic Development Corporation. The only other candidate considered for the position was Joseph Salazar. The Planning Commission serves a key role in advising the Council on matters related to land use, zoning, and future development within the city.
