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Rawlins council adopts amended hauler ordinance after conflict-of-interest questions; 6–0, 1 abstention
Summary
The council approved third and final reading of an ordinance amending Rawlins Municipal Code §8.08 (garbage/refuse and construction/demolition materials). The city attorney advised the change is largely terminological and not likely to create a statutory conflict of interest; the motion passed 6–0 with one abstention.
The Rawlins City Council on Oct. 5 approved on third and final reading an amendment to Rawlins Municipal Code section 8.08 governing garbage, refuse and construction and demolition materials.
Vice Mayor Wells moved to approve the third and final reading and to waive further readings; Councilman Smith seconded. During discussion Councilman Garner asked whether he needed to leave the room because his family has a hauling business and he feared a conflict of interest. The city attorney (unnamed in the transcript) reviewed Wyoming’s conflict-of-interest statutes and advised that the change — described in the meeting as mostly terminology plus a sentence giving the city the right to deny landfill services for nonpayment — did not, in their view, fall under the specific language of the applicable statutes. The attorney cautioned, however, that perceived conflicts are different from legal conflicts and that individual members should act according to their conscience.
Council members debated perception versus legal requirement. Councilman Durst and others said they did not believe Garner had a legal conflict; Garner ultimately abstained from the vote. The ordinance passed with six yeas and one abstention.
The text of the ordinance and any implementing rules were not read into the record during this portion of the meeting; council members said the amendment does not change duties or responsibilities but clarifies terminology relating to solid-waste categories.
Next steps: the ordinance was adopted on final reading; staff will incorporate the change into the municipal code and follow up on any procedural or licensing clarifications.
