An independent ethics review of advertising done by Town Councilman Art Tolis has found no violation of the town’s Rules of Procedure or Ethics Code, though the reviewer is recommending that the language in question be removed from the advertising and steps be taken to avoid such potential conflicts in the future.

Town Manager Grady Miller asked Judge Cecil B. Patterson, Jr. to review a complaint he received in a letter dated June 6. The letter questioned whether Tolis’ use of the language “Current Town Council Member for Fountain Hills, AZ,” in advertising for his personal business was a violation of rules.

At the council meeting on Sept. 5, during call to the public, Gene Mikolajczyk acknowledged bringing the issue up to town staff. Mikolajczyk is a member of the town’s Planning and Zoning Commission and currently serves as vice chairman.

“In [Tolis’] advertisement, the public office of the politician is mixed in the marketing effort to promote business for the councilman’s private company,” Mikolajczyk said.

The advertisement in question is attached to a large number of shopping carts at grocery stores in Fountain Hills.

In his response to Miller, Patterson states, “… It is important, if not imperative; to note that there has been no actual violation of any of the ‘Town Rules of Procedure’ or The Town Ethics Code, in this matter.

“…This is a referral based upon an appearance which could be categorized as a ‘potential violation of both the Rules of Procedure and Ethics Code.’”

Patterson also stated that in interviewing Tolis related to this claim, he believes the councilman “conscientiously tries to avoid the blending of these two influences by constantly working to disclose who he is and to insure that they remain separated as he goes about his daily activities.”

“There is no evidence of improper conduct or any similar happenstance which might be illegal or unethical in this matter,” Patterson adds.

However, the judge states that there is a problem in that the advertising in question has a “facial appearance” of violating the rules and codes in question.

Patterson said he is recommending that “the language be removed from the flyer to avoid future confusion and/or a complaint alleging violations…being filed.”

He also recommended that “should any councilmember have questions about the propriety of future communications or communication vehicles the member should contact the town manager or town attorney to clarify any uncertainties or ambiguities which may exist.”

Patterson also suggested the town review the provisions of the codes and endeavor to provide education and orientation sessions for those serving.

Annual sessions are currently held with the town attorney and include all individuals serving not only on the Town Council but also on all boards and commissions that serve the council in an advisory capacity.