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Denver City Council member Rafael Espinoza.
Denver City Council member Rafael Espinoza.
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Denver City Councilman Rafael Espinoza may be allowed under the city’s ethical code to vote on a hostile landmark designation application for a house in his neighborhood, but he should recuse himself.

Espinoza asked the city’s Board of Ethics whether he could vote on the matter, even though before he was sworn in as a councilman he joined with a group of residents to file an application to preserve the Jefferson Park home against the owner’s wishes. The owner wants to sell the Victorian-era home to a developer who would redevelop the property.

Clearly, Espinoza doesn’t have “any substantial employment, contractual or financial interest” in the outcome of the vote as defined by the ethical code, but he does have a reputation to uphold.

The appearance of a conflict should be enough to make the freshman councilman want to recuse himself from the matter.

By taking action before being sworn in, he already has shown his cards and can no longer rule dispassionately on the issue as a member of the City Council.

Espinoza should disclose his connection and recuse himself from any part of the decision.

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