CITY OF Tracy Reeve, City Attorney
1221 SW. 4th Avenue, Suite 430
PORTLAND OREGON Portland, Oregon 97204

Telephone: (503) 823-4047
OFFICE OF THE CITY ATTORNEY Fax: (503) 823-3089

 

 

 

 

PRIVILEGED AND CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION

December 12, 2018

 

INTEROF ICE MEMORANDUM
TO: Mayor Ted Wheeler
FROM: Tracy Reeve

City Attorney

SUBJECT: Steps to Avoid Any Potential Con?icts of Interest or Ethics Issues 
Personnel Matter

Michael Cox and Michelle Plambeck have previously disclosed that they are in a
personal relationship and have asked for legal advice on how to fully comply with any legal
or ethical obligations. As the City Attorney, I am providing the following legal advice to
you.

The anti-nepotism rule (HRAR 3.10) does not appear to directly apply inasmuch as -
Mr. Cox and Ms. Plambeck are neither married nor domestic partners. Moreover, Ms.
Plambeck does not directly report to Mr. Cox (she reports to Deputy Chief of Staff Kristin
Dennis, who in turn reports to Mr. Cox). Nonetheless, in order to avoid even the appearance
of a con?ict of interest, and to comply with not only the letter but the spirit of HRAR 3.10
and 11.02, I advise that you take the following steps:

0 Direct that Michael Cox is expressly precluded from deciding, evaluating or making
recommendations regarding Michelle Plambeck?s work for the purpose of
performance evaluations, counseling, discipline, pay increases, promotions or similar
employment decisions, and that Michael Cox shall not make any decisions or
recommendations regarding Michelle Plambeck?s employment.

0 Direct that Michelle Plambeck shall continue to report to her direct supervisor Kristin
Dennis, who for purposes of supervising Michelle Plambeck?s employment, shall
report directly to you and not to Michael Cox. In the event of temporary absences on
the part of Kristin Dennis, and until reassigned to another direct supervisor, direct that
Michelle Plambeck shall report directly to you.

This can be accomplished by your signature on the attached directive, to be provided
to Michael Cox, Kristin Dennis and Michelle Plambeck.

TPR/ccj
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