Friday, September 03, 2010
Roanoke Mayor Bowers' public service flier raises concerns
The document publicizes information about end-of-life issues, but it includes his title of mayor.
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From The Roanoke Times
Roanoke Mayor David Bowers has raised some eyebrows with a flier he's been distributing in conjunction with his law firm, offering a free, hourlong talk about end-of-life issues and legal documents.
Lawyers, of course, regularly advertise these sorts of public services, with the side benefit that they might drum up some additional business. But questions have been raised about Bowers prominently including his title as mayor on a flier that could result in him picking up legal clients.
Bowers distributed between 50 and 70 copies of the flier -- which is headlined "Doom and Gloom!?" and illustrated with clip art depicting the figure of death -- to various neighborhoods around Roanoke.
Bowers' prominent mention of his title as mayor drew some concern from fellow council members Ray Ferris and Court Rosen.
"As elected officials we have to be really careful not to appear as though we may be using public office for personal gains, whatever those gains may be," Rosen said. "I'm sure in hindsight, Mayor Bowers would not put 'mayor' in the ad or flier. Had he asked me, I would have suggested he not do that."
Ferris had much the same thought: "When I saw the flier, the first thing that I thought of was, 'Geez, David, if you'd shown that to me I'd have said you need to take mayor out of there.' It ought not be in there."
For his part, Bowers said he didn't include his title as a way to attract business but instead just considered it as part of his name.
"It says 'Mayor David Bowers.' That's how I'm known," Bowers said. "But I'm also an attorney. I'm known both ways.
"I guess I identified myself as both a lawyer and a mayor. I would say if there's been any understanding that I would have misused the public office for commercial gain, which I have not done, I certainly didn't intend to do it."
Jim Moliterno, a law professor at Washington and Lee University, said lawyers are generally permitted to give "public service" presentations.
"To some it feels like public service -- to others it feels like client-chasing," he said. "Either way, it is permitted as long as the lawyer does not take on clients at the session. Nothing prevents a person in such an audience from contacting the lawyer later and being a client."
The other part of the ethical questions surrounding the handbill involves Bowers' title as an elected official. A lawyer is prohibited from making statements suggesting he can get his client special treatment, Moliterno said.
"Here, though, I can't imagine a client thinking she would get a better advance health directive because he is the mayor," Moliterno said. "So this possible violation seems to fall away."
The flier began to receive attention this week when Valerie Garner, head of the Countryside Neighborhood Alliance, received one at her house and posted it to her blog.
The fact that one of the targeted neighborhoods for the Bowers flier was Countryside bothers Ferris. The Countryside area is currently part of a publicized discussion over the fate of a former golf course property now owned by the city.
"There could be an implication in some people's minds that if they invite the mayor to their organization, that might better their lot with council," Ferris said. "That is not what David Bowers intended, I'm absolutely sure. But David has to be very careful -- we all have to be very careful about trading on our election position."
