EAST HOPE - Councilwoman Eileen Klatt has been cleared to participate in rezoning discussions after the city's legal counsel concluded she did not have a conflict of interest in the matter.

The City Council voted 3-0 on Tuesday to adopt the attorney's finding that Klatt can take part in rezone discussions despite being married to a Realtor who some argue would benefit from changes to the city's land-use rules.

"We still aren't even to the workshop phase," Mayor Vern Fleisher said.

The workshop is set for next month and involves commercial residential zoning.

The issue was raised by Robert Moore, who noted that Klatt's husband, Patrick Bistline, is listed as a Realtor on property which might be affected by the rezone.

The city's counsel, John Cafferty, advised the council that there can be a level of risk for conflict of interest when the council discusses legislative issues.

"However, generally when the acts of the council involve general legislative matters that apply equally to all members/citizens of the city, there will not be a conflict of interest," Cafferty said in an Oct. 23 letter.

Cafferty's letter was provided to The Daily Bee in advance of Tuesday's meeting, which displeased Cafferty because it was labeled confidential.

The council agreed, however, to distribute the letter so the public could see it in full rather than excerpts printed in the media.

Klatt had no comment on the matter and instead read passage from Cafferty's letter finding that she did not have a conflict because any pecuniary benefit her husband would reap would apply equally to others in his profession, which would exempt it from being a conflict.