Fort Worth city manager’s Aspen trip looks like conflict of interest, and he should know it

There’s a reason that many ethics policies treat the appearance of a conflict of interest with nearly as much seriousness as a clear-cut conflict.

Even when someone’s behavior and integrity are impeccable, the perception of conflict undermines credibility. For those in positions of public trust, avoiding such perception must be a priority.

Fort Worth City Manager David Cooke knows this, which is why his decision to accept a private jet flight from Sundance Square owners Ed and Sasha Bass and vigorously defend it is baffling and disappointing. It comes at a time of tension over downtown business issues that are vital to the city. But even if that weren’t the case, it falls to Cooke as the person in charge at City Hall to set a clear example of ethical behavior.

Cooke and his wife flew to Aspen, Colorado, over Labor Day weekend with the Basses. The couples are friends, Cooke has said, and he did not consider the flight a gift.

Come now. Even if the Bass plane were a secondhand base model (which it isn’t), just the ability to avoid the parking lots and terminals of Dallas Fort Worth International Airport is a pretty nice perk.

The city’s ethics policy defines a benefit as “anything reasonably regarded as pecuniary gain or pecuniary advantage.” It instructs city officers, employees and appointees to not accept “any benefit from any person, group or business entity that might reasonably tend to influence” their actions or decision-making.

Note that doesn’t limit benefits to those that actually sway someone. The language is designed to address the reasonable perception that someone might be swayed. So, it’s not just whether Cooke was or even could be bought for a plane ride. It’s the appearance of access and influence for those with business before the city.

Cooke is a straight shooter with a solid record in more than eight years as city manager. There’s no reason to think he has put his thumb on the scale on behalf of friends or other interests, and he said that if the dispute over Sundance Square escalated to his office, he would recuse himself.

But it’s unclear whether Cooke disclosed the trip’s details to the City Council, his bosses. Members have been cautious in their public comments. At a minimum, council members, including Mayor Mattie Parker, need to discuss the matter with him and find out if there are other trips or benefits that they and the public need to know about.

To be blunt, it’s to Fort Worth’s benefit for the city manager to have a strong relationship with the owner of a vital chunk of downtown. Given what Ed Bass and his family have done for the city, it’s a different situation from, say, a standard real-estate company or investor.

But that doesn’t mean the rules don’t apply. The incident also points to weakness in the city’s process for handling ethics complaints. Thanks to a 2019 council decision, Fort Worth does not have a standing ethics commission. If a complaint needs to be addressed, five people are randomly chosen from appointees to city boards and commissions.

The process is triggered only when a complaint is filed with the city secretary or the council or city manager request it. Without a standing panel, there’s no one to develop expertise in considering such matters. And there’s no one to regularly consider improving ethics policy and encourage transparency.

Cooke told Star-Telegram reporter Harrison Mantas that he would not “let the public pick who we get to be friends with, and I’m not going to let friendship get in the way of making the best decision for the city, either.”

No one should get veto power over Cooke’s social life. Even the city manager can have the friends he chooses. But he should factor in their business interests and take extra caution to avoid the appearance of conflict.

Fort Worth is home to a world-class airline with plenty of flights to vacation destinations, including Aspen. Fly American: Sure, it’s more of a hassle, but good friends will understand if you arrive a little later than they do.

This story was originally published September 30, 2022 at 10:58 AM.