HomeMy WebLinkAbout1990 Board of Ethics Minutes -All MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING ON MONDAY, JANUARY 29, 1990
The meeting was called to order at 2 : 00 p.m. in the City Council
Conference Room, loth Floor, City Hall, Lansing, Michigan 48933 .
BOARD MEMBERS PRESENT:
John Mertz, Chairperson
Don Cook, Vice-Chairperson
James Blair, City Clerk
Alvan P. Knot, City Attorney
Vince Green, Public Member
OTHERS PRESENT:
Kathleen Frantz, Admn. Assistant to City Attorney
(as Recording Secretary)
R. David Wilson, Attorney for Dave Hilliard
APPROVAL OF AGENDA:
The agenda was approved as prepared by Chairman Mertz by all
members present.
SECRETARY'S REPORT:
Approval of Minutes:
A motion was made by Don Cook to approve the minutes of the
11/28/89 Board of Ethics meeting; support by Vince Green;
carried 5-0.
Mr. Mertz advised that the draft of the minutes for the Aprgl
131 1989 meeting had not yet been received. o
_n
Mr. Mertz advised Kathleen Frantz that all future drafts Q1 " J. c
the minutes of meetings may be forwarded directly to the C' t--
Clerk who will disburse copies accordingly to the
members.
Correspondence Received and Sent: None. N
Affidavits of Disclosures filed: ram"
1. Patrick Lindemann
2 . Robert Morris
3 . Doug Wiley
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Inquiries and Complaints Received Since Last Meeting: None
Next Meeting Date: February 26, 1990 @ 2: 00 p.m. in the City
Council Conference Room, loth Floor, City Hall, Lansing,
Michigan.
John Mertz moved to have the regular Board of Ethics meetings
scheduled on the fourth Monday of every month at 2 : 00 p.m. ;
seconded by Al Knot; carried 5-0 .
CITY ATTORNEY'S REPORT:
Non-Financial Disclosures filed: None
Al Knot advised that Ronald Stonehouse submitted a memo to the
attention of the City Attorney regarding potential conflicts
of interest. The memo indicated that three employees are
owners of property that City Council action has authorized the
City to acquire relative to the expansion of the Municipal
Parking System. Mr. Knot indicated he will advise Mr.
Stonehouse that the matter has been referred to the Board of
Ethics and that individual Affidavits of Disclosure need to
be filed with the City Clerk by each of the three employees
listed in the memo.
CHAIRMAN'S REPORT:
Old Business:
1. AFFIDAVIT OF DISCLOSURE OF DAVID HILLIARD:
R. David Wilson, Mr. Hilliard' s attorney, was present and
advised the Board that Mr. Hilliard is a full-time
employee of the City of Lansing as a heating and
refrigeration specialist. Time Energy Systems would like
to employ Mr. Hilliard on a contract basis wherein Mr.
Hilliard would provide maintenance on the heating and
cooling system at City Hall. Mr. Wilson submitted a
letter from Time Energy Systems dated March 21, 1989
regarding this matter. Mr. Hilliard did not work for
Time Energy since he filed his Disclosure in April of
1989 . The work Mr. Hilliard would be doing for Time
Energy is not the same equipment he maintains as a
regular City of Lansing employee. Since Mr. Hilliard had
nothing to do with the preparation of the contract
between the City of Lansing and Time Energy Systems , Mr.
Wilson stated he feels no conflict is occurring. Mr.
Hilliard indicated that he initially had the permission
of his immediate supervisor (in his capacity as a City
of Lansing employee) . Mr. Knot asked if something went
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wrong on his City J
ob would that trigger a call from Time
r ansued as to the
sking him to work. Din scussion e
this situation and that
Energy i f he is a
legality of the state statute
Council would approve this action only that State
City to ee of the City and also,
part-time employ Charter . The Ode case is
statute supercedes the City as the members feel Mr:
what the Board will rely o contracting with the City• from
Hilliard is indirectly policies and did not
Wilson clarified that Mr . Hillmake P not benef iting Time
the contract as he does of Lansing and
prepare the contract between the City statute for review
Energy- Mr.. Mertz asked Mr . Wilso the s e wants to submit
a memo with his interpretation ° Mr. Mertz
not
by th
e Board. Mr. Wilson indicated d mo does
M wish to
Hi
submit the memo to opinionr'will be drafted and made
advised that anMr, Wilson requested a date
available at a later date.
rtz
it
and Mr.
when
his opinion will be issued which aree held donce dper
may take at least two meetings Hilliard could work for
month. Mr . Wilson asked if Mr.Mr. Knot advised that the
what to do
Time Energy in the interim. f the City
Board does not tell employees o
an opinion is issued. Al Knot advised it is
before supervisor for
between Mr. Hilliard and his immediate
, t not be
City- John Mertz entertained motion that
may Al Knot
the inion indicating regular
prepare an op after his
employee and that Mr. Hill�ifrd' ss
hired as a subas a C tyr for the City d a copy
the
working hours be provide
attorney, R. David Wilson, Vince Green; carried.
opinion. Motion seconded by
VIT OF DISCLOSURE OF LARRY INGALL5: Discussion
2. AFFIDA Mr. Ingalls' disclosure wherein. Mr.
ensued regarding
employee and
Ingalls advises that is a confli t f t1 stp f he
inquires whether there services to the Lansing
provides maintenance helicopter on a contract basis after
Department emergencyhours. The Board requested Mr. Mertz
nviting
his regular working him to the next
send a letter to Mr. Ingalls inviting
Board
of Ethics meeting to discuss this matter further.
Mr. Knot
Attorney Opinion #89-04 for the
3 , AFFIDAVIT OF DISCLOSURE OF VIRGINIA SWANSO Swanson' s
submitted the City relates with Ms.
Board' s review
�rasMiit directly advised he will place the Opinion
Disclosure.
on file and consider this matter closed.
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New Business:
1 . P. Lindemann Disclosure: Mr. Lindemann submitted his
disclosure on October 20 , 1989, which involved his work
and a real estate agent for Caster & Associates and the
purchase of City property. Al Knot advised that Mr.
Lindemann should be advised by the Board that he is to
submit a Disclosure of Conflict of interest as soon as
he is aware one may exist in which the matter involves
a sale of land that may benefit Mr. Lindemann as a real
estate agent while working for the City. Mr. Knot
further indicated Mr. Lindemann be advised that the
Disclosure may not be via oral delivery but should be
written and submitted to the City Clerk for review by the
Board of Ethics .
2. R. Morris Disclosure: Mr. Mertz requested Mr. Knot
circulate a draft opinion and present it at the next
regular meeting. Jim Blair is to contact Mr. Morris and
indicate he should have his disclosure notarized at the
City Clerk' s office.
3 . D. Joppie Disclosure: Deferred to next meeting of the
Board of Ethics pending further information from Mr.
Joppie.
3 . D. Wiley Disclosure: Mr. Knot informed the Board that
this Disclosure was made due to the City of Lansing' s
master plan for parking which may effect Mr. Wiley' s
personal property. Mr. Wiley may have to sell his
property to the City in order to avoid a condemnation
lawsuit with the City. Motion was made by Jim Blair to
record in the minutes that the disclosure was received
and place on file; support by Vince Green; carried 5-0 .
4. and 5. The Disclosures of B. Ballard and R. Engel were reviewed
and it appears to the Board that the disclosures are
"blanket" disclosures regarding real estate. Mr. Mertz
advised he will invite these two individuals to the next
meeting of the Board to obtain further information.
PUBLIC COMMENT: None
ADJOURNMENT: APPROXIMATELY 3:25 P.M.
Submitted by:
Kathleen M. Frantz
Recording Secretary
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MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING ON MONDAY, MARCH 26 , 1990
The meeting was called to order at 3 : 00 p.m. in the City Council
Chambers, loth Floor, City Hall, Lansing, Michigan 48933 .
BOARD MEMBERS PRESENT:
John Mertz, Chairperson
Don Cook, Vice-Chairperson
James Blair, City Clerk
Alvan P. Knot, City Attorney
BOARD MEMBERS ABSENT:
Vince Green, Public Member
OTHERS PRESENT:
Kathleen Frantz, Admn. Assistant to City Attorney
(as Recording Secretary)
Officer Knechtel, Parks and Recreation
Officer Joppie, LPD
APPROVAL OF AGENDA:
The agenda was approved as prepared by Chairman Mertz by all
members present, with the addition of assignment of duties to City
Clerk regarding scheduling/rescheduling meetings, under Open
Discussion; addition of discussion regarding appearances of
councilmembers and City Employees before subsidiary boards, under
New Business; addition of discussion regarding appearances of board
members appearing before their own divisional boards; discussion
regarding possible filing of an Affidavit of Disclosure by Al Knot
relating to the Smith Floral rezoning matter; and the matter of
Larry Engels Disclosure under Old Business .
SECRETARY' S REPORT:
Approval of Minutes :
A motion was made by Jim Blair to approve the minutes of the
1/29/90 Board of Ethics meeting; support by Don Cook; carried
4-0 .
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Mr. Mertz advised that the draft of the minutes for the April
13, 1989 meeting had not yet been received.
Mr. Mertz advised Kathleen Frantz that all future drafts of
the minutes of meetings may be forwarded directly to the City
Clerk who will disburse copies accordingly to the Board
members .
Correspondence Received and Sent:
Al Knot advised there will be a seminar at Grand Valley
College regarding "Ethics in Government" on March 30 and 31,
1990, and that he had spoke with the City' s Finance Director
who advised the City would pay for Board members to attend.
Mr. Mertz indicated he would review the brochure and may go
to the seminar.
Affidavits of Disclosures filed: None
Inquiries and Complaints Received Since Last Meeting:
Inquiry: Al Knot: RE: Smith Floral
Mr. Knot advised that the owners of Smith Floral recently
requested a rezoning in order that they might expand their
parking lot. Mr. Knot advised the Board that his wife works
as an hourly employee for Smith Floral who will receive no
financial benefit for the expansion of the parking lot. Mr.
Knot further advised that he does not vote on the rezoning
matters and that this will not mean more money for Smith
Floral as this is not an expansion of the actual store. Mr.
Knot asked the Board whether he should file a written
Affidavit of Disclosure. Mr. Mertz reviewed the ordinance
(290 . 05) as it relates to this matter and asked Mr. Knot all
questions which would be pertinent to his involvement with
the rezoning. Mr. Mertz advised it may relate to Mr. Knot as
far as "participation in Governmental Decisions" . Jim Blair
advised he does not feel Mr. Knot would have to file an
Affidavit; Mr. Cook advised he feels it may be best if Mr.
Knot files a written affidavit to avoid the appearance of a
conflict. Mr. Mertz advised that looking at the options it
would have to come under the matter of receiving financial
benefits and that he does not feel Mr. Knot receives any
benefit and would not, therefor, have to file a written
disclosure. Jim Blair moved that the Board of Ethics does not
see an actual or potential conflict of interest on the part
of Mr. Knot; support by Don Cook; carried 3-0 (Mr. Knot
excused himself from the vote) .
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Next Meeting Date: April 23, 1990 @ 2 :00 p.m. in the Finance
Department Conference Room, 8th Floor, City Hall, Lansing,
Michigan.
John Mertz moved to have the regular Board of Ethics meetings
scheduled on the fourth Monday of every month at 2 : 00 p.m. ;
seconded by Al Knot; carried 5-0 .
CITY ATTORNEY'S REPORT:
Non-Financial Disclosures filed: None
CHAIRMAN'S REPORT:
Old Business :
1 . Larry Engels Affidavit of Disclosure: Mr. Mertz advised
that Mr. Engels had contacted him and advised that he is
no longer working for another company and would like the
Board to consider his request for an opinion withdrawn.
New Business :
1 . Mr. Mertz advised that he had sent a copy of the Ethics
ordinance, with revisions , to each of the members of
Council .
2 . Don Knechtel, a Parks and Recreation - Parks Officer, was
present and advised the Board that he owns a partnership
company, "Patches Plus, Inc. " and has done business with
the City in the past. Officer Knechtel also advised that
the co-owner of the business is Kim Kranick who is also
a Parks and Recreation - Parks Officer. Mr. Mertz
advised that Kim Kranick should file an Affidavit of
Disclosure with the City Clerk.
Mr. Mertz asked what the company does for the City of
Lansing and Officer Knechtel advised that they have made
hats for the Fire Department and Lansing Police
Department. Officer Knechtel indicated that the City is
also asking for work associated with upcoming parades
under a former bid process by telephone quote. One bid
is pending for $3, 000 . Mr. Knot asked if Officer
Knechtel had won any bids in the past and Knechtel
advised "no" as they have been under $75 . 00 . Officer
Knechtel advised this is an "S" Corp. Al Knot asked if
he has business with companies other than the City.
Officer Knechtel advised that they also have various
other companies that they are doing business with
including the State of Michigan. Mr. Knechtel advised
that all work performed is on "non-City" time and not
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performed during their regular work shift . Officer
Knechtel advised he is not informed of what the other
quote prices are unless he loses the bid. John Mertz
asked if there is a contract which is drawn up for these
type of matters . Al Knot advised that there are contract
forms which are located in the Finance Department . John
Mertz advised the Board that he will draft an Opinion
and will provide it to the members for review at the
April 23rd Board of Ethics meeting.
3 . Officer Joppie, LPD, was present and advised the Board
that he has repaired cars which were obtained through LPD
drug forfeiture cases so they are working properly at the
time of auction. He advised that LPD pays approximately
$20/hr. , plus parts . Officer Joppie advised he has a
contract with LPD and Al Knot requested him to provide
Jim Blair a copy of the contract . Officer Joppie advised
that the contract is between Tri-County Metro and REACH
and himself and that there is an open purchase order.
Officer Joppie advised that Lt. Rapp is aware of the
situation. Jim Blair asked if he does the work on City
time and Officer Joppie advised that he does not work on
City time. Al Knot advised that REACH is a City entity
and asked whether the bid was by telephone or if the work
was contracted after going through the regular bid
process . John Mertz advised that the Board will review
the contract before making a decision and that he will
prepare a draft opinion regarding this matter.
OPEN DISCUSSION:
Administrative procedures were discussed between the
members of the Board relating to meeting arrangements .
John Mertz advised Jim Blair that he is responsible for
clearing dates for meetings with the other Board members
and that in the event a meeting is cancelled, Mr. Blair
is to set a new meeting time and clear the date with the
other members . Mr. Mertz further indicated that Mr.
Blair is to post meeting notices for all meetings in the
appropriate location(s) in order to comply with the Open
Meetings Act. Mr. Mertz advised that he will be
responsible for contacting and inviting non-Board members
to meetings .
PUBLIC COMMENT: None
ADJOURNMENT: APPROXIMATELY 4 :40 P.M.
Submitted by:
Kathleen M. Frantz
Recording Secretary
-4-
MINUTES
LANSING CITY BOARD OF ETHICS
SPECIAL MEETING OF MONDAY, JUNE 11, 1990
The meeting was called to order at 2 : 00 p.m. at the Finance
Department Conference Room, 8th Floor, City Hall, Lansing,
Michigan.
BOARD MEMBERS PRESENT:
John Mertz
James Blair
Alvan P. Knot
MEMBERS ABSENT:
Vince Green
Don Cook
OTHERS PRESENT:
Kathleen Frantz, Recording Secretary
SECRETARY' S REPORT:
Correspondence Received and Sent_ None
Affidavit of Disclosures filed: None
Inquiries and Complaints Received Since Last Meeting: None
Next Meeting Date: June 25, 1990 @ 2 :00 p.m. at the Finance
Department Conference Room, 8th Floor, City Hall, Lansing,
Michigan.
CHAIRMAN' S REPORT:
OLD BUSINESS :
Affidavit of Alfreda Schmidt:
1 . Mr. Knot requested Mr. Mertz to draft an opinion
regarding Mrs . Schmidt ' s Affidavit of Disclosure and
provide same to members of the Board at the next meeting.
-1-
NEW BUSINESS : None
PUBLIC COMMENT: None
ADJOURNMENT: APPROXIMATELY 2 : 35 P.M.
Submitted by:
Kathleen Frantz
Recording Secretary
-2-
MINUTES
LANSING CITY BOARD OF ETHICS
MONDAY, JULY 23, 1990
BOARD MEMBERS PRESENT:
John Mertz
James Blair
Alvan P. Knot
Vince Green cn <
MEMBERS ABSENT: -,
Don Cook
OTHERS PRESENT: '� r� Or
Kathleen Frantz, Recording Secretary
SECRETARY' S REPORT:
Al Knot moved to approve the minutes of the March 26, 1990 Board of
Ethics meeting,; support was given and the minutes were approved.
CITY ATTORNEY'S REPORT:
Mr. Knot indicated that no Disclosures of Nonfinancial Conflicts
were filed since the last meeting and Mr. Knot had no current legal
developments to discuss .
OLD BUSINESS :
Al Knot moved to go into executive session to discuss the draft
opinion regarding Councilmember Schmidt' s inquiry; support was
given and the board went into closed session at 1: 00 p.m.
The Board reconvened open session at 4 : 05 p.m. and no other
business was discussed.
NEW BUSINESS : The matter of Councilmember Worthington ' s loan
inquiry was deferred to the next Board of Ethics meeting.
PUBLIC COMMENT: None
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BOARD ROUNTABLE/ANNOUNCEMENTS : No further discussion.
ADJOURNMENT: APPROXIMATELY 4 : 08 P.M.
Submitted by:
Kathleen Frantz
Recording Secretary
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BOARD ROUNTABLE/ANNOUNCEMENTS : No further discussion.
ADJOURNMENT: APPROXIMATELY 4 :08 P.M.
Submitted by:
Kathleen Frantz
Recording Secretary
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MINUTES
LANSING CITY BOARD OF ETHICS
EXECUTIVE SESSION OF MONDAY, JULY 23 , 1990
BOARD MEMBERS PRESENT:
John Mertz
James Blair as -<
Alvan P. Knot
Vince Green i c>
- c
MEMBERS ABSENT: LO ;--
Don Cook 3 � cn
z
OTHERS PRESENT:
Kathleen Frantz, Recording Secretary co
EXECUTIVE SESSION
John Mertz provided the members with a written draft opinion #11
regarding Councilmember Schmidt. Discussion ensued regarding the
draft opinion and Mr. Knot indicated that a conclusion paragraph
should be placed at the beginning of the opinion and that the rest
of the opinion follows to support the conclusion. . No conflict has
occurred, however, an affidavit should have been filed by Mrs .
Schmidt earlier. Al Knot advised it should be noted at the
beginning of the opinion that the ordinance for conflicts should be
more explicit and the Board has asked Council in the past to draft
a more explicit ordinance . Al Knot indicated that where there is
no financial benefit there is no actual conflict. Therefore, the
Board cannot say that there was a potential conflict nor an
apparent benefit to Mrs . Schmidt ' s son. The members discussed the
issue of whether there is a violation of the ordinance if a
councilmember proceeds with a potential conflict of interest
without filing an affidavit and then waits until after the issue is
closed before filing an affidavit. In the ordinance there is no
definition of the terms "specific" , "actual" , etc. In opinion #5
the Board indicated that if there is a possible conflict of
interest, a disclosure must be filed. Opinion #5 indicated that
apparent and potential were to be considered the same in regard to
conflicts of interest and whether a person is to disclose by
affidavit. Al Knot indicated that councilmembers may not know that
they have a potential conflict of interest because the
councilmember does not know he/she will receive a financial
benefit . The ordinance and Charter are unclear to base a legal
opinion or opinion which may be enforced. John Mertz indicated he
feels it was a violation of the Charter and Ordinance for Alfreda
Schmidt to act as she did, however, there are no penalties so she
would not be prosecuted. The Board was created to act as an
advisory board. Mr. Mertz advised that the City Attorney can
provide an opinion and that the penalty could be a misdemeanor.
Mr. Mertz maintains that Opinion #5 construes the ordinance to
define potential conflicts to include an actual and if an affidavit
is not filed there is a violation of the Ordinance and Charter.
Mr. Knot advised that a Board of Ethics opinion (such as #5) is not
enforceable by law and are only serving as advisory opinions . Mr.
Mertz indicated that he would like Al Knot to prepare a memorandum
of law as to the requirements of affidavits of disclosures ( i .e.
when they are to be filed) from Section 5 . 505 . 1 and 5505 .2 of the
Charter and Ordinance Section 290 . 05 (a) , (b) and (c) . Mr. Mertz
indicated that after he receives the memorandum of law he will
redraft Opinon #11 for the Board' s review so it may be presented to
Council . Mr. Knot indicated he will not be drafting a memorandum
of law and Mr. Mertz indicated that Mr. Knot is required to write
a memorandum of law according to Rule 12 . 5 (a) . Mr. Knot indicated
he will prepare Draft #2 of Opinion 11 .
Motion was made by Al Knot to reconvene in open session; support
was given and the meeting was reconvened in open session.
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MINUTES
LANSING CITY BOARD OF ETHICS
MONDAY, SEPTEMBER 24 , 1990
BOARD MEMBERS PRESENT:
rn
John Mertz ct�
Alvan P. Knot
Don Cook
• i
MEMBERS ABSENT: C-0 ` y
Vince Green u'
Jim Blair
rs �
OTHERS PRESENT:
co
Kathleen Frantz, Recording Secretary
SECRETARY' S REPORT:
Al Knot moved to approve the minutes of the June 11, 1990 Board of
Ethics meeting; support was given by Don Cook; approved 3-0 .
CITY ATTORNEY' S REPORT:
Mr. Knot indicated that no Disclosures of Nonfinancial Conflicts
were filed since the last meeting. Mr. Knot requested that the
Chairperson contact Jim Blair and request him to forward items
received from the NIMLO conference in Grand Rapids regarding ethics
matters .
OLD BUSINESS :
Discussion ensued regarding the proposed changes to Draft #2 of the
opinion regarding Alfreda Schmidt. Motion was made by Don Cook to
approve Draft #2 as amended by the Board; support by John Mertz ;
approved 3-0 .
NEW BUSINESS : No new business was discussed.
PUBLIC COMMENT: None
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BOARD ROUNTABLE/ANNOUNCEMENTS : No further discussion.
ADJOURNMENT: APPROXIMATELY 3 : 15 P.M.
Submitted by:
Kathleen Frantz
Recording Secretary
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MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
MONDAY, OCTOBER 22, 1990 - 2:00 P.M.
The meeting was called to order at 2:15 p.m., in the City Council
Conference Room, loth Floor, City Hall, Lansing, Michigan.
BOARD MEMBERS PRESENT:
John Mertz, Chairperson t ;�
p r�
Don Cook, Vice-Chairperson
Vince Green, Public Member - Arrived at 2:25 p.m. E r J
Al Knot, City Attorney
James Blair, City Clerk z
OTHERS PRESENT:
Francesca Doneth, Senior Legislative Assistant to City Council
(Recording Secretary)
Marilyn Shapiro, Citizens for Public Recycling
Michael Marhanka, Citizens for Public Recycling
APPROVAL OF AGENDA:
The agenda was approved as prepared by the Chairperson, by
all members of the Board.
APPROVAL OF MINUTES:
No minutes . available.
CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING:
Letter from Council President Belen requesting that the Board
work on a draft revision of the Ethics Ordinance to refer to City
Council Committee on General Services for review and action.
Mr. Mertz distributed copies of the memorandum to Board
members.
2
Letter received from Citizens for Public Recycling regarding
City Council communication sent out to Lansing Voters.
DISCLOSURES OF FINANCIAL CONFLICTS FILED SINCE LAST
MEETING:
• Disclosure from Councilmember Canady
INQUIRIES AND COMPLAINTS RECEIVED SINCE LAST
MEETING:
None.
CITY ATTORNEY'S REPORT:
None. No disclosures of Non-financial conflicts since last
meeting. No current legal developments of interest.
CHAIRMAN'S REPORT:
Old Business:.-
Mr. Mertz submitted draft opinion regarding Mr. Ott disclosure.
Board members reviewed and approved of the draft.
Signatures were affixed to the original copy and Clerk will
distribute . appropriately. Opinion is as follows:
"After reviewing state law, the City Charter and the City's
Ethics Ordinance, the Board of Ethics concludes that the
conduct which was the subject of the employee's
disclosure does not give rise to a conflict of interest as
long as no work is done in the City of Lansing, no permits
from the City are involved and the work is inspected and
approved by jurisdiction other than the City of Lansing."
The following items remain Pending:
• Draft Opinion on Hilliard Disclosure (Knot)
• Draft Opinion on Morris Disclosure (Knot)
• Draft Opinion on D. Joppie Disclosure (Knot)
• Draft Opinion on D. Knechtel Disclosure (Knot)
NEW BUSINESS:
Hearing on Citizens for Public Recycling Complaint:
3
Mr. Michael Marhanka, Citizens for Public Recycling, addressed
the Committee requesting an opinion from the Board regarding
the conduct of Four Councilmembers who sent out a
communication to Lansing voters regarding the recycling ballot
issue. Mr. Marhanka stated that he felt that the letter was sent
out on City Council stationery, therefore, advising the public
that this letter contained the opinion of the "City Council". -He
expressed concern that he felt the general public was mislead
and was very upset that public dollars were used to do the
mailing. He also stated that he felt the letter was biased and
that it was negative in regard to the passage of the ballot issue.
He also stated that he felt that the mailing of this type of letter
violated Charter mandates. He then referred to MCL 32.
Mr. Mertz stated that MCL 32 does not apply to cities.
Mr. Marhanka stated that he assumed that State Law would be
applicable in this case as the City ordinance (Ethics) has not
been updated or revised in 12 years.
Mr. Mertz and Mr. Knot advised Mr. Marhanka that four
members of Council do not control the City Council. Five
members constitutes a quorum and it takes five members to
pass an ordinance.
Discussion took place regarding whether the Councilmembers
received any monetary benefit from issuing this letter. The
conclusion was they did not.
Chairperson Mertz stated that sufficient evidence does not exist
that monetary benefit would be received by the individual
Councilmembers. It is up to the City Council to decide whether
the process utilized by their colleagues was correct.
Mr. Knot stated that the ordinance has to be enforced as it is
presently written. The Finance Director has concluded that
the funds used in mailing the letter was legal and appropriate -
funds were spent correctly.
The Board ruled that Councilmember Belen, Schmidt, Crawford
and Worthington did not violate the Ethics ordinance.
4
Hearing on Councilmember Canady Conflict of Disclosure:
Letter prepared by the Chair was discussed by the Board. (see
attached). Board voted unanimously to forward the letter to
Councilmember Canady.
Revised Rules of Procedure:
Mr. Mertz will report on this matter at the next meeting.
Revised Ordinance on Ethics.
Pending/City Attorney Al Knot.
ADJOURNMENT:
Meeting was adjourned at approximately 3:16 p.m.
Respectfully submitted,
FRANCESCA DONETH
Recording Secretary
Date Approved:_
MINUTES Sy: __.._.___.__..... ..
LANSING CITY BOARD OF E�'Wl S 6 Pal 2 92
REGULAR MEETING
MONDAY, OCTOBER 22, 1990 - 2:00 P.M.
The meeting was called to order at 2:15 p.m., in the City Council
Conference Room, loth Floor, City Hall, Lansing, Michigan.
BOARD MEMBERS PRESENT:
John Mertz, Chairperson
Don Cook, Vice-Chairperson
Vince Green, Public Member - Arrived at 2:25 p.m.
Al Knot, City Attorney
James Blair, City Clerk
OTHERS PRESENT:
Francesca Doneth, Senior Legislative Assistant to City Council
(Recording Secretary)
Marilyn Shapiro, Citizens for Public Recycling
Michael Marhanka, Citizens for Public Recycling
APPROVAL OF AGENDA:
The agenda was approved as prepared by the Chairperson, by
all members of the Board.
APPROVAL OF MINUTES:
No minutes available.
CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING:
Letter from Council President Belen requesting that the Board
work on a draft revision of the Ethics Ordinance to refer to City
Council Committee on General Services for review and action.
Mr. Mertz distributed copies of the memorandum to Board
members.
2
Letter received from Citizens for Public Recycling regarding
City Council communication sent out to Lansing Voters.
DISCLOSURES OF FINANCIAL CONFLICTS FILED SINCE LAST
MEETING:
• Disclosure from Councilmember Canady
INQUIRIES AND COMPLAINTS RECEIVED SINCE LAST
MEETING:
None.
CITY ATTORNEY'S REPORT:
None. No disclosures of Non-financial conflicts since last
meeting. No current legal developments of interest.
CHAIRMAN'S REPORT:
Old Business::
Mr. Mertz submitted draft opinion regarding Mr. Ott disclosure.
Board members reviewed and approved of the draft.
Signatures were affixed to the original copy and Clerk will
distribute appropriately. Opinion is as follows:
"After reviewing state law, the City Charter and the City's
Ethics Ordinance, the Board of Ethics concludes that the
conduct which was the subject of the employee's
disclosure does not give rise to a conflict of interest as
long as no work is done in the City of Lansing, no permits
from the City are involved and the work is inspected and
approved by jurisdiction other than the City of Lansing."
The following items remain Pending:
• Draft Opinion on Hilliard Disclosure (Knot)
• Draft Opinion on Morris Disclosure (Knot)
• Draft Opinion on D. Joppie Disclosure (Knot)
• Draft Opinion on D. Knechtel Disclosure (Knot)
NEW BUSINESS:
Hearing on Citizens for Public Recycling Complaint:
3
Mr. Michael Marhanka, Citizens for Public Recycling, addressed
the Committee requesting an opinion from the Board regarding
the conduct of Four Councilmembers who sent out a
communication to Lansing voters regarding the recycling ballot
issue. Mr. Marhanka stated that he felt that the letter was sent
out on City Council stationery, therefore, advising the public
that this letter contained the opinion of the "City Council". He
expressed concern that he felt the general public was mislead
and was very upset that public dollars were used to do the
mailing. He also stated that he felt the letter was biased and
that it was negative in regard to the passage of the ballot issue.
He also stated that he felt that the mailing of this type of letter
violated Charter mandates. He then referred to MCL 32.
Mr. Mertz stated that MCL 32 does not apply to cities.
Mr. Marhanka stated that he assumed that State Law would be
applicable in this case as the City ordinance (Ethics) has not
been updated or revised in 12 years.
Mr. Mertz and Mr. Knot advised Mr. Marhanka that four
members of Council do not control the City Council. Five
members constitutes a quorum and it takes five members to
pass an ordinance.
Discussion took place regarding whether the Councilmembers
received any monetary benefit from issuing this letter. The
conclusion was they did not.
Chairperson Mertz stated that sufficient evidence does not exist
that monetary benefit would be received by the individual
Councilmembers. It is up to the City Council to decide whether
the process utilized by their colleagues was correct.
Mr. Knot stated that the ordinance has to be enforced as it is
presently written. The Finance Director has concluded that
the funds used in mailing the letter was legal and appropriate -
funds were spent correctly.
The Board ruled that Councilmember Belen, Schmidt, Crawford
and Worthington did not violate the Ethics ordinance.
4
Hearing on Councilmember Canady Conflict of Disclosure:
Letter prepared by the Chair was discussed by the Board. (see
attached). Board voted unanimously to forward the letter to
Councilmember Canady.
Revised Rules of Procedure:
Mr. Mertz will report on this matter at the next meeting.
Revised Ordinance on Ethics.
Pending/City Attorney Al Knot.
ADJOURNMENT:
Meeting was adjourned at approximately 3:16 p.m.
Respectfully submitted,
FRANCESCA DONETH
Recording Secretary
Date Approved:__T�____
LANSING BOARD OF ETHICS
REGULAR MEETING
Mondav, October 22, 1990
loth Floor City Hall.
AGENDA
CALL TO ORDER: 2 : 00 P.M. _
ROLL CALL:
[.j Mertz, Chairman
{ Cook, Vice-Chairman
( Green Y,—- :R.-2-5 f?/>
[ Blair, City Clerk
[v]'A. Knot, Ciepresent
ttorney.
A Quorum is: [ ]Not Present
[ ] Other Present:
APPROVAL OF AGENDA: (✓ As Submitted ( ] With Changes Noted
SECRETARY' S REPORT:
[ ] Approval of Minutes of: [ ] 4/23/90
[ ] 9/24/90
VA-; orrespondence Received And Sent Since Last Meeting
[ Disclosures of Financial Conflicts Filed. Since Last Meeting
[ ] Inquiries & Complaints Received Since Last Meeting
[ ] Next Meeting Date: 11/26/90
CITY ATTPRNEY' S REPORT:
[V Disclosures of Nonfinancial Conflicts Filed Since Last
Meeting &u-n-e+0 c6eJz
[ ] Current Legal Developments of Interest
CHAIRMAN' S REPORT
OLD BUSINESS (Closed Session)
[ ] 1. Draft Opinion on Hilliard disclosure (Knot) n
[ ] 2. Draft Opinion on Morris Disclosure (Knot) i
[ ] 3 . Draft Opinion on D. Joppie Disclosure (Knot)
[ ] / 4 . Draft Opinion on D. Knechtel Disclosure (Knot)
[� 5 . Draft Opinion on M. Ott Disclosure (Mertz )K
NEW BUST'IESS (Open Session)
(,�]� 1. Hearing on Citizens For Public Recycling Complaint Q
2 . Hearing on Councilmember Canady Conflict Disclosure - m� .
[ ] 3 . Revised Ordinance on Ethics nl,�i Z/7
[c 4 . Revised Rules of Procedureu,
BOARD ROWNDTABLE/ANNOUNCEMENTS/ADJOURNMENT �/
j ;
Lansing Y Cit Council
June 28, 1990
Dear LANSING VOTER:
On the August 7th ballot, you will be asked to vote on a recycling program. This issue was initiated by a group of
Lansing Recyclers, who circulated petitions to place this measure on the ballot. Due to a misunderstanding
between them and the Clerk's Office, the circulators were given an incorrect number when they inquired as to how
many signatures to collect. Because of this error, the number of names submitted was less than was actually
required by law.
In consideration of this misunderstanding, Council approved placing the matter on the ballot. However, this vote
was not necessarily a vote in support of the proposal.
As your representatives in City government, we have an obligation and a responsibility to tell you exactly what
this proposal will mean to the City of Lansing and to you as residents and taxpayers.
Proposal Number Two proposes to establish a city-wide residential refuse collection and recycling service, which
will require the City's Public Service Department to collect, rop cess.warehouse, and market salvageable items ...
The City is already commited to a curbside recycling program, to begin no later than July 1, 1991. In fact, the
State has already designated Lansing as one (1) of only six (6) Clean Michigan Communities,providing millions
of State dollars to help with this effort.
The proposal before you in August will require the Public Service Department to get into the business of
warehousing, processing, and selling collected recyclables. According to the Department, these new functions
would probably cost the City up to an additional$2 million --money that we just do not have.
We feel you have a right to know -- and we have a responsibility to inform you -- that if this measure passes, the
Council will be forced to fund it by either increasing property taxes or by severely cutting other
services we all depend on.
All of us support recycling. That is why we pushed for a city-wide curbside recycling program to begin no later
than July 1991.
Proposal Number Two will require us to fully implement the program regardless of cost or efficiency. In all
likelihood, an increased millage will be required to pay for this program if you, the voter, mandate it.
Please feel free to call any of us if you have any questions of concerns regarding this important issue.
RELY,
Lu le Belen, Counci President eeda Schmidt, Second Ward
Sidney IKor3t
ington,At Large James Crawford, At Large
Printed on Recycled Paper
CITY OF LANSING
BOARD OF ETHICS
OPINION NO. 12 October 22, 1990
INTRODUCTION
The Board of Ethics has received a Disclosure from an
inspector in the Building and Safety Department requesting the
Board' s opinion whether the employee may properly be involved in
work outside the City of Lansing which is the same kind as that
which the employee inspects for the City. The disclosure indicates
that no work of that kind is done by the individual or his business
for any individual or business in the City of Lansing, no permits
from the City of Lansing are involved, and no approvals or
inspections by the City of Lansing are involved.
OPINION
After reviewing state law, the City Charter and the City' s
Ethics Ordinance, the Board of Ethics concludes that the conduct
which was the subject of the employee' s disclosure does not give
rise to a conflict of interest as long as no work is done in the
City of Lansing, no permits from the City are involved and the work
is inspected and approved by jurisdictions other than the City of
Lansing.
Respectfully Submitted,
THE LANSING BOARD OF ETHICS
?E�� BLAIR, City Clerk JOHN j MERTZ , C airman
10
ALVAN P. KNOT, City Attorney DONALD COOK, Vice-Chairman
R. VINCENT GREEN, Public Member
1
C i T.y OF LA1TS1
v—RD OF' ETHICS
OCtoher 2.? icc
Honorable Mark H . Canady
Lansing City Councilmember
c/o Howard & Howard
Suite 500 , 222 North Washington Square
Lansing, Michigan 48933
Re: Disclosure of Conflict i_n 1-,Iatter Eefor _ '_'l:c>_ Ci .;% Council
Dear Councilmember Canady:
The Board of Ethics has received a disclosure which indicates
you represent Joel Ferguson who is i.nvolvec i.r matter no;'1 he: ore
the City Council. The disclosure indicates that you are recusing
yourself in the matter. While this may be necessary in this
instance with this client, please note that your problem may be
more extensive than you are aware. Your Disclosure does not make
it clear that your firm has also disqualified itself from
representing Mr. Ferguson. You may wish to amend your disclosure,
therefore, to clearly indicate that this is the case.
You may also wish to initiate a review of all lawfirm clients
and pending matters to bring yourself in conformity with the
applicable bar rules . Enclosed is a copy of Formal Opinion C-241
which was issued by the State Bar of Michigan and applies to your
circumstance. As I understand the opinion, neither you nor any
member of your firm may represent any individual or organization
in any matter at any level of City government, with the possible
exception of some matters involving only the judicial branch.
After reviewing same, you may wish to make further inquiry of the
Ethics committee of the Bar for further detail or clarification.
I commend you for so promptly requesting advice from the Board
of Ethics regarding compliance with the ethical standards required
of Councilmembers. We are especially suited to render such advice,
and welcome any advance inquiries. If we can assist you in any
way, through formal or informal inquiries, please let me know.
Very truly yours,
J F. MERTZ
C airman, Lansing Board of Ethics
gm
Opin
ions
p ions
E O
A.
stafes retains control of We have prevusYy indicated that possibility of litigation between that
thge becomes commit it is ypaTtner.,share- person and the city, creating an ine:
for payment'af up holder, of emplvYee of a Lnv firm toorable conflict. CI 1003 (City attorney
government ad and members of the same firm may not
to 30:,. the recovery bafare the appear before a�aoca1� _.. _ ;
awye , what the expert wit ministrativeboardshas�` aa attorney appear,before the city council repre-
1 zaknaws t� will
�p amember semi& vate clients in applications
or;even wlW S :L -
be 1'liag '�with'medicat-eocpe�ts >other matters that
are ma3de through the consultants - o �or�amp o ��same might result in litigation between such
.Ft
which retains:_substantial authority law firm:`C- bithe same:vem,an persons and the city), CI 192 (A part-
�� a ty &' sliareholderor,em 1 of a law
with' espect to which experts and how 'at#orn wr ,- k� tt a 'a"dry""nsr; P :
mamyNeocperts are made available.Thus, me4► defendeats titre cannot'eth�Y represent:a client
the contingent fee contract results in charged:with;violations of tliat city'.s .�before aaadministrative-board on
substantial-Practical restrictions on the ordinances. a-m See also, a-G. which a:partner;:'"shareholder or
e�aercl Y" tl e.J i ercfindependent ,� D _ #com.wem� same;,firm sits.
aelectinn'sand-use of inipl an hence oii `}*!Iby 'tiat(G216andC1-3s2
lua3the .. a=different result, they
exp Yyilnesses tD"which the client is irrelevant ,1i Tribunal,leg- ma3►.suggest 1 eY
en '. relative l oci official." may4be die ia$uishe because.thetty==i��n�--
} .c`iiich
r F;,� InQrB compleheIIs3ive
tliou this.opinion ad-
Al
`0 3nioa: oP t3h. -
P. (. -
dresses 'only"the:Model Rules, the a t'u �
same results would obtain under the
Model Code.) - M by the
(ABA +DR EL`friCs and,
Profe3sional,:iR4i36 y;�Fomiaf.:_.�of s:�`•
i opinion-87�54 +
mental member from
Which'� an
the law"$rl� pB Bd,;Would not
resolve the:issue.:While it is in the
public 'sa'incourage the par
ticipation of is public life.
such withdrawah from specific issues.
FORMAL*.0PWJ0N C-241- would deprive citizens of the represen-
(July, 1988) tative they elected to wmrcise judgment
in just such matters.'
An attorney may not represent a client Further, in the quasi-judicial con-
before a city council or other text in which city administrative mat-
ing body when a member of that *,cr.--, arise, all parties ma_y not be rep-
governing bod- is abio s paailmer, resented by counsel,as they.would be
shareholder or a;>mpl-ym of tho rr'ainaa in the julaia;iai sr ram;nor may an issSar,
law firm. Neithw Mey thaws a tt mey necessuily be contested. Thus, the
appear raprs-seutiing as client before "safety valv3 of a request for recusal.
any governmental body which -is nmy not exist as a practical matter. '=t
subordinate to the governing body The need for such a"safety valve" :F
on which a partner, shareholder also lends credence to a need to avoid ',
or employee of the same firm sits. such apparent conflicts. Cf., C-212
raga
DR 9-101(c); DR 8-101. (City attorney may not represent aper-
son charged with violation of an or- U.S.treasury notes
City Council Member A is a dinance of his employing rommun- months preceding JU
member of XYZ law firm. The Com- ity); Opinion 179 (A.lawyer-member of
mittee has been asked whether other a municipal board of zoning appeals,
members of the+firm can ethically and his or her law partners and em- Rates previously certified were:
represent clients before that city's ployees, may not represent a client's
boards. commissions. or other munic- interest in proceedings before that January 1, 1988 . . . . 8.39%
ipal buaies. The committee has a;so Board.)
been asked whether ethical problems Additionally, there is the concern July 1, 1987. . . . . . . . .7.5%
are, :liminated if the city council that where the individual pursuing
Member is disqualified from consider- relief before the city council or subor- January 1, 1987 . . . . 6.660/a
ing any matter in which another dinate body feels aggrieved by the
member of the law firm appears. governmental decision, there is the
MICHIGAN BAR JOURNAL O=BER. 1988 1019