GLOSSARY
"duty of loyalty"
In order to understand the term "duty of loyalty" within the relationship between a mayor and his/her municipality, it is first helpful to understand the term within it's original use in corporation law. The Wikipedia definition uses the term "fiduciary," a word not commonly used outside of the field of law. A fiduciary is a person or entity that is entrusted with another person's or entity's assets or power. The fiduciary can also be known as a trustee, guardian, executor or curator of another party's assets/power. So, to continue with the Wikipedia definition: "Duty of loyalty" is a term that describes "fiduciaries' conflicts of interest and requires fiduciaries to put the corporation's interests ahead of their own. Corporate fiduciaries breach their duty of loyalty when they divert corporate assets, opportunities, or information for personal gain." [1]
When it comes to a city, we could say the mayor is the fiduciary, and the city is the corporation. To be more accurate we will call the city a public sector . In other words, the mayor has a "duty of loyalty" to the city and he/she is a fiduciary/trustee/guardian to the city's assets. If there is a conflict of interests, the mayor has a duty to put the city's interests ahead of his/her own interests. This definition could also be extended to the situation in which a person holds fiduciary duties in two conflicting organizations, for example public vs. private interests. In this situation the person must choose between which interests (public duties or private sector duties) are most important. [2] He/she cannot uphold his/her duties to the best of his/her ability if a conflict between his/her different offices arises.
When it comes to a city, we could say the mayor is the fiduciary, and the city is the corporation. To be more accurate we will call the city a public sector . In other words, the mayor has a "duty of loyalty" to the city and he/she is a fiduciary/trustee/guardian to the city's assets. If there is a conflict of interests, the mayor has a duty to put the city's interests ahead of his/her own interests. This definition could also be extended to the situation in which a person holds fiduciary duties in two conflicting organizations, for example public vs. private interests. In this situation the person must choose between which interests (public duties or private sector duties) are most important. [2] He/she cannot uphold his/her duties to the best of his/her ability if a conflict between his/her different offices arises.
In John Mohr's oath of office, he swore to ""faithfully discharge" his mayoral duties "to the best of (his) abilities," and to "support the Constitution of the United States and the Constitution of the State of Illinois." "To the best of abilities" is a term that would entail not letting conflict of interests get in the way of the office of mayor, which was something Mohr deliberately went out of his way to do when he went on the One Voice trip and joined the EDC.
As a public official for the City of Lexington he is also going against the city's summary of purpose, which goes as follows: "It is the purpose of the City of Lexington to promote and protect the health, safety, and welfare or legal rights of the general public, while effecting changes to encourage the progress and development of the socioeconomic structure within the City." The keyword in the second half of the statement is "within." This means local to the City.
2010-2013 as member of EDC's board of directors: EDC summary of purpose: "We are a leadership organization investing our communities assets to grow and improve our prosperity and quality of life."
Illinois Constitution: See http://celdf.org/-1-113
As a public official for the City of Lexington he is also going against the city's summary of purpose, which goes as follows: "It is the purpose of the City of Lexington to promote and protect the health, safety, and welfare or legal rights of the general public, while effecting changes to encourage the progress and development of the socioeconomic structure within the City." The keyword in the second half of the statement is "within." This means local to the City.
2010-2013 as member of EDC's board of directors: EDC summary of purpose: "We are a leadership organization investing our communities assets to grow and improve our prosperity and quality of life."
Illinois Constitution: See http://celdf.org/-1-113