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HomeMy WebLinkAboutBoard of Ethics 1991 Minutes all MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING MONDAY, JANUARY 28, 1991 - 2:00 P.M. TENTH FLOOR CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 2:05 p.m., in the City Council Conference Room, loth Floor, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: ca -< John Mertz, Chairperson Don Cook, Vice-Chairperson Vince Green, Public Member - Arrived at 2:25 p.m. C.0 r Al Knot, City Attorney �- James Blair, City Clerk r A QUORUM WAS PRESENT OTHERS PRESENT: Francesca Doneth, Senior Legislative Assistant to City Council (Recording Secretary) Harold Leeman, Member of the Public Debbie Miner, City Clerk's Office APPROVAL OF AGENDA: The agenda was approved as prepared by the Chairperson, by all members of the Board. APPROVAL OF MINUTES: Discussion regarding October 22, 1990 minutes. Chair requested that these minutes be prepared in final form and submitted to the Board at the next meeting. In the future, the Recording Secretary will sign the original copy of the minutes and after approval of the Board, file them with the City Clerk. Chair asked as to the status of 4/23/90; 7/23/90; and 9/24/90 minutes. Ms. Doneth will check with Kathy Frantz, City Attorney's Office and report back at the next board meeting. CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: None. 2 DISCLOSURES OF FINANCIAL CONFLICTS FILED SINCE LAST MEETING: • Disclosure from Councilmember Alfreda Schmidt regarding her association with the Lansing Boat Club. • Councilmember Mark Canady updated his affidavit of disclosure of October 22, 1990. • Councilmember Tony Benavides filed an affidavit of disclosure regarding a request he made to the Lansing Building Authority to lease or purchase equipment for Cristo Rey Community Center. INQUIRIES AND COMPLAINTS RECEIVED SINCE LAST MEETING: Member Blair informed the Board that Councilmember Lindemann has not filed an affidavit of disclosure to date regarding possible employment with a solid waste handling firm. Councilmember Lindemann informed Member Blair that he "thinks" he may be hired and that when the time comes that he is actually hired he will announce that he may be in a conflict position. He continued by assuring Member Blair that this firm would not be dealing with the City of Lansing in any way. Member Knot MOVED THAT MEMBER BLAIR, SECRETARY TO THE BOARD, WRITE ANOTHER LETTER TO COUNCILMEMBER LINDEMANN REQUESTING THAT HE FILE AN AFFIDAVIT OF DISCLOSURE AS SOON AS POSSIBLE. CARRIED 5-0. Chairperson Mertz informed the Board that Mr. Canady has not yet responded to the letter the Board sent to him regarding representation by him and/or his law firm relative to Mr. Ferguson or matters involving the City of Lansing. MOTION MADE THAT MEMBER BLAIR SEND ANOTHER CORRESPONDENCE TO COUNCILMEMBER CANADY REMINDING HIM THAT THE BOARD IS AWAITING A REPLY TO THE OCTOBER 22, 1990 CORRESPONDENCE. CARRIED 5-0. CITY ATTORNEYS REPORT: None. No disclosures of Non-financial conflicts since last meeting. No current legal developments of interest. OLD BUSINESS (Closed Session): The Following are pending opinions from Member Knot: 3 • Draft Opinion on Hilliard Disclosure • Draft Opinion on Morris Disclosure • Draft Opinion on D. Joppie Disclosure • Draft Opinion on D. Knechtel Disclosure City Attorney will provide these opinions to the Board at next week's meeting. OLD BUSINESS (Open Session): • Draft Revised Ordinance (Knot) - Pending • Councilmember Canady Conflict Disclosure: Discussion took place. Councilmember Canady or his Law Firm cannot represent the City in any Court cases. Follow up letter to be sent to Councilmember Canady. • Revised Rules of Procedure (Mertz) - Pending. • Citizens for Public Recycling Complaint. Discussion - This matter was referred to the Attorney General's Office after complaint was issued with the State. NEW BUSINESS: • Councilmember Lindemann Disclosure of 12/13/90. Board Secretary to send a letter on behalf of the Board (Member Blair) requesting that a disclosure be filed. • Councilmember Benavides Disclosure of 1/17/91. Board Secretary (Member Blair) to send a letter to Councilmember Benavides requesting that a disclosure be filed as Councilmember Benavides, as Director of the Cristo Rey Community Center, receives funds from the City. Discussion followed regarding Councilmember Benavides' request to purchase and/or lease equipment from the Lansing Building Authority of the City of Lansing. Member Knot stated that the Lansing Building Authority met and discussed the request of Councilmember Benavides and requested that Councilmember Benavides file an Affidavit of Disclosure before any decision is made regarding the request. Public Comment: Mr Leeman addressed the Board and expressed concern relative to the fact that Councilmember Benavides was aware of this type of opportunity because he was a 4 Councilmember and wanted to know how the public would have access to this same information. After additional discussion on this matter, the Board agreed that Member Knot will not be involved in the discussion of this issue after the procedure is established by the Lansing Building Authority, due to the fact that he is a member of the Lansing Building Authority. • Councilmember Schmidt Disclosure of 1/14/91. Member Knot briefed the Board regarding the. facts of this matter. A difference of opinion seems to exist regarding whether the Lansing Boat Club is a taxable entity or not. Parks and Recreation leases the property to the Lansing Boat Club on which they operate their business. Mr. and Mrs. Schmidt are members of the Boat Club and the Boat Club exists in her Ward. Parks and Recreation is considering raising the lease amount. The Boat Club maintains that they can only pay a minimal amount as they have in previous years. MOTION MADE THAT THE CHAIR SEND A COMMUNICATION TO COUNCILMEMBER SCHMIDT REQUESTING THAT SHE ABSTAIN FROM ANY DISCUSSION OR MAKING TELEPHONE CALLS REGARDING THIS ISSUE. UNANIMOUS. • Employee Puuri Disclosure of 1/3/91. Mr. Puuri wanted to enter into a Contract with the City of Lansing to assist in the storage of Lansing Police Department Records. Per the Board, the bid process as set up by the City purchasing ordinance will have to be adhered to. CHAIR WILL ISSUE A LETTER TO MR. PUURI. BOARD ROUNDTABLE/ANNOUNCEMENTS/ADJOURNMENT: Councilmember Lindemann arrived at the meeting and the Chair asked him about his intent to file an Affidavit of Disclosure. Councilmember Lindemann responded that he had talked this matter over with his Attorney and that Mr. Starr has been directed to fill one out for Councilmember Lindemann. Mr. Lindemann informed the Committee that he provided Mr. Starr with the appropriate documents. Member Blair started discussion regarding staff support for the Board of Ethics. He would like his office to serve as staff support and also have one of his staff members take the minutes of the Board meeting. Member Knot addressed the following points with the Board: • Board of Ethics is a City Council Board, therefore legally a member of Council staff serves as support for the Board. 5 • After approval of the minutes, they are to be forwarded to the City Clerk for filing. • Clerk is responsible for keeping the official records of the Board. • Board Rules of Procedure need to be re-reviewed by the Board. Member Blair stated that he would like the Board to consider removing him as the "Secretary to the Board." No support. Meeting adjourned at 3:51 p.m. Respectfully submitted, FRANCESCA DONETH Recording Secretary Date Approved: ------------------------ MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING MONDAY, JANUARY 28, 1991 - 2:00 P.M. TENTH FLOOR CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 2:05 p.m., in the City Council Conference Room, 10th 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 A QUORUM WAS PRESENT OTHERS PRESENT: Francesca Doneth, Senior Legislative Assistant to City Council (Recording Secretary) Harold Leeman, Member of the Public Debbie Miner, City Clerk's Office APPROVAL OF AGENDA.- The agenda was approved as prepared by the Chairperson, by all members of the Board. APPROVAL OF MINUTES: Discussion regarding October 22, 1990 minutes. Chair requested that these minutes be prepared in final form and submitted to the Board at the next meeting. In the future, the Recording Secretary will sign the original copy of the minutes and after approval of the Board, file them with the City Clerk. Chair asked as to the status of 4/23/90; 7/23/90; and 9/24/90 minutes. Ms. Doneth will check with Kathy Frantz, City Attorney's Office and report back at the next board meeting. CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: None. 9T l Wd 9 LIN T6. - AIL 2 DISCLOSURES OF FINANCIAL CONFLICTS FILED SINCE LAST MEETING: x • Disclosure from Councilmember Alfreda Schmidt regarding her association with the Lansing Boat Club. • Councilmember Mark Canady updated his affidavit of disclosure of October 22, 1990. • Councilmember Tony Benavides filed an affidavit of disclosure regarding a request he made to the Lansing Building Authority to lease or purchase equipment for Cristo Rey Community Center. INQUIRIES AND COMPLAINTS RECEIVED SINCE LAST MEETING: Member Blair informed the Board that Councilmember Lindemann has not filed an affidavit of disclosure to date regarding possible employment with a solid waste handling firm. Councilmember Lindemann informed Member Blair that he "thinks" he may be hired and that when the time comes that he is actually hired he will announce that he may be in a conflict position. He continued by assuring Member Blair that this firm would not be dealing with the City of Lansing in any way. Member Knot MOVED THAT MEMBER BLAIR, SECRETARY TO THE BOARD, WRITE ANOTHER LETTER TO COUNCILMEMBER LINDEMANN REQUESTING THAT HE FILE AN AFFIDAVIT OF DISCLOSURE AS SOON AS POSSIBLE. CARRIED 5-0. Chairperson Mertz informed the Board that Mr. Canady has not yet responded to the letter the Board sent to him regarding representation by him and/or his law firm relative to Mr. Ferguson or matters involving the City of Lansing. MOTION MADE THAT MEMBER BLAIR SEND ANOTHER CORRESPONDENCE TO COUNCILMEMBER CANADY REMINDING HIM THAT THE BOARD IS AWAITING A REPLY TO THE OCTOBER 22, 1990 CORRESPONDENCE. CARRIED 5-0. CITY ATTORNEYS REPORT: None. No disclosures of Non-financial conflicts since last meeting. No current legal developments of interest. OLD BUSINESS (Closed Session): The Following are pending opinions from Member Knot: 3 • Draft Opinion on Hilliard Disclosure • Draft Opinion on Morris Disclosure • Draft Opinion on D. Joppie Disclosure • Draft Opinion on D. Knechtel Disclosure City Attorney will provide these opinions to the Board at next week's meeting. OLD BUSINESS (Open Session): r • Draft Revised Ordinance (Knot) - Pending • Councilmember Canady Conflict Disclosure: Discussion took place. Councilmember Canady or his Law Firm cannot represent the City in any Court cases. Follow up letter to be sent to Councilmember Canady. • Revised Rules of Procedure (Mertz) - Pending. • Citizens for Public Recycling Complaint. Discussion - This matter was referred to the Attorney General's Office after complaint was issued with the State. NEW BUSINESS: • Councilmember Lindemann Disclosure of 12/13/90. Board Secretary to send a letter on behalf of the Board (Member Blair) requesting that a disclosure be filed. • Councilmember Benavides Disclosure of 1/17/91. Board Secretary (Member Blair) to send a letter to Councilmember Benavides requesting that a disclosure be filed as Councilmember Benavides, as Director of the Cristo Rey Community Center, receives funds from the City. Discussion followed regarding Councilmember Benavides' request to purchase and/or lease equipment from the Lansing Building Authority of the City of Lansing. Member Knot stated that the Lansing Building Authority met and discussed the request of Councilmember Benavides and requested that Councilmember Benavides file an Affidavit of Disclosure before any decision is made regarding the request. Public Comment: Mr Leeman addressed the Board and expressed concern relative to the fact that Councilmember Benavides was aware of this type of opportunity because he was a 4 Councilmember and wanted to know how the public would have access to this same information. After additional discussion on this matter, the Board agreed that Member Knot will not be involved in the discussion of this issue after the procedure is established by the Lansing Building Authority, due to the fact that he is a member of the Lansing Building Authority. • Councilmember Schmidt Disclosure of 1/14/91. Member Knot briefed the Board regarding the facts of this matter. A difference of opinion seems to exist regarding whether the Lansing Boat Club is a taxable entity or not. Parks and Recreation leases the property to the Lansing Boat Club on which they operate their business. Mr. and Mrs. Schmidt are members of the Boat Club and the Boat Club exists in her Ward. Parks and Recreation is considering raising the lease amount. The Boat Club maintains that they can only pay a minimal amount as they have in previous years. MOTION MADE THAT THE CHAIR SEND A COMMUNICATION TO COUNCILMEMBER SCHMIDT REQUESTING THAT SHE ABSTAIN FROM ANY DISCUSSION OR MAKING TELEPHONE CALLS REGARDING THIS ISSUE. UNANIMOUS. • _ Employee Puuri Disclosure of 1/3/91. Mr. Puuri wanted to enter into a Contract with the City of Lansing to assist in the storage of Lansing Police Department Records. Per the Board, the bid process as set up by the City purchasing ordinance will have to be adhered to. CHAIR WILL ISSUE A LETTER TO MR. PUURI. BOARD ROUNDTABLE/ANNOUNCEMENTS/ADJOURNMENT: Councilmember Lindemann arrived at the meeting and the Chair asked him about his intent to file an Affidavit of Disclosure. Councilmember Lindemann responded that he had talked this matter over with his Attorney and that Mr. Starr has been directed to fill one out for Councilmember Lindemann. Mr. Lindemann informed the Committee that he provided Mr. Starr.with the appropriate documents. Member Blair started discussion regarding staff support for the Board of Ethics. He would like his office to serve as staff support and also have one of his staff members take the minutes of the Board meeting. Member Knot addressed the following points with the Board: • Board of Ethics is a City Council Board, therefore legally a member of Council staff serves as support for the Board. 5 • After approval of the minutes, they are to be forwarded to the City Clerk for filing. • Clerk is responsible for keeping the official records of the Board. • Board Rules of Procedure need to be re-reviewed by the Board. Member Blair stated that he would like the Board to consider removing him as the "Secretary to the Board." No support. Meeting adjourned at 3:51 p.m. Respectfully submitted, FRANCESCA DONETH Recording Secretary Date Approved:________________________ MINUTES LANSING CITY BOARD OF ETHICS MONDAY, APRIL 1, 1991 BOARD MEMBERS PRESENT: John Mertz Alvan P. Knot Don Cook MEMBERS ABSENT: Vince Green Jim Blair OTHERS PRESENT: Kathleen Frantz, Recording Secretary Harold Leeman 00 SECRETARY' S REPORT: None CITY ATTORNEY' S REPORT: cy Mr. Knot indicated that no Disclosures of Nonfinancial Conflic s were filed since the last meeting and no new legal developments were reported. OLD BUSINESS : Mr. Mertz indicated Councilmember Lindemann did not file a disclosure relating to his possible employment with a waste management firm, and that it is not necessary since Mr. Lindemann did not get the job. Mr. Leeman asked whether it was a problem that Mr. Lindemann did not file a disclosure and Mr. Knot advised that since this was a "potential" conflict and since Mr. Lindemann did not get the job, no Affidavit of Disclosure was necessary. NEW BUSINESS : No new business was discussed. PUBLIC COMMENT: None -1- BOARD ROUNTABLE/ANNOUNCEMENTS : No further discussion. ADJOURNMENT: APPROXIMATELY 2 :20 P.M. Submitted by: Kathleen Frantz Recording Secretary -2- MINUTES LANSING CITY BOARD OF ETHICS MONDAY, APRIL 1, 1991 BOARD MEMBERS PRESENT: John Mertz Alvan P. Knot Don Cook MEMBERS ABSENT: Vince Green Jim Blair OTHERS PRESENT: Kathleen Frantz, Recording Secretary Harold Leeman SECRETARY'S REPORT: None CITY ATTORNEY'S REPORT: Mr. Knot indicated that no Disclosures of Nonfinancial Conflicts were filed since the last meeting and no new legal developments were reported. The disclosure of Councilmember Benavides was discussed. Mr. Knot informed the Board that Councilmbmer Benavides purchased equipment from the wrecking company (not the Lansing Building Authority) and, therefore, no action by the Board was necessary regarding his disclosure. OLD BUSINESS : Mr. Mertz indicated Councilmember Lindemann did not file a disclosure relating to his possible employment with a waste management firm, and that it is not necessary since Mr. Lindemann did not get the job. Mr. Leeman asked whether it was a problem that Mr. Lindemann did not file a disclosure and Mr. Knot advised that since this was a "potential" conflict and since Mr. Lindemann did not get the job, no Affidavit of Disclosure was necessary. -1- NEW BUSINESS : No new business was discussed. PUBLIC COMMENT: None BOARD ROUNTABLE/ANNOUNCEMENTS : No further discussion. ADJOURNMENT: APPROXIMATELY 2 :20 P.M. Submitted by: Kathleen Frantz Recording Secretary -2- MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING MONDAY, JUNE 3, 1991 - 2:00 P.M. TENTH FLOOR CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 2:11 p.m., in the City Council Conference Room, loth Floor, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: John Mertz, Chairperson Don Cook, Vice-Chairperson Al Knot, City Attorney ABSENT: Vince Green, Excused James Blair A QUORUM WAS PRESENT OTHERS PRESENT: Francesca Doneth, Senior Legislative Assistant to City Council (Recording Secretary) Harold Leeman, Member of the Public APPROVAL OF AGENDA: The agenda was approved with one change - to add the Puuri Opinion. APPROVAL OF MINUTES: Member Cook moved that the minutes of July 23, 1990 July 23, 1990 Executive Session September 24, 1990 October 22, 1990 January 28, 1991 April 1, 1991 be approved as submitted. Motion was supported by member Knot. CARRIED 3-0. OT TT WU 9T 71P T6. 2 CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: None as of May 28, 1991. DISCLOSURES OF FINANCIAL CONFLICTS FILED SINCE LAST MEETING: None. INQUIRIES AND COMPLAINTS RECEIVED SINCE LAST MEETING: None. CITY ATTORNEYS REPORT: None. No disclosures of Non-financial conflicts since last meeting. No current legal developments of interest. OLD BUSINESS (Open Session): The Following are pending opinions from Member Knot: • Draft Opinion on Hilliard Disclosure • Draft Opinion on Morris Disclosure • Draft Opinion on D. Joppie Disclosure • Draft Opinion on D. Puuri Disclosure City Attorney will provide the Board with Opinions on Hilliard, Morris, Joppie and Knechtel disclosures at the June 24, 1991 meeting. • Draft Revised Ordinance (Knot) - Pending • Revised Rules of Procedure (Mertz) - Pending. NEW BUSINESS: Opinion #13, Knechtel. Member Knot submitted draft opinion. Member Cook moved to approve Opinion #13 as submitted. MOTION CARRIED 3-0. Member Knot stated that the final draft would be available for signing in his office. Member Green subsequent to the meeting reviewed this opinion, approved it, and signed the document. Opinion #14, Puuri. Mr. Knot submitted draft opinion and discussion ensued. Member Cook moved to approve Opinion #14 as written. Motion was supported by Member Knot. MOTION CARRIED 3-0. Member Knot stated that the final draft would be available for signing in his office. Member Green 3 subsequent to the meeting reviewed this opinion, approved it, and signed the document. Public Comment: Mr Leeman addressed the Board and expressed concern relative to a rumor he heard that Member Blair may not be attending future board meetings because he is upset that he not in charge of the minutes. BOARD ROUNDTABLE/ANNOUNCEMENTS/ADJOURNMENT: General Discussion. Meeting adjourned at 3:05 p.m. Respectfully submitted, FRANCESCA DONETH Recording Secretary Date Approved:--- �' a AGENDA CITY OF LANSING BOARD OF ETHICS MONDAY, JUNE 3, 1991 - 2:00 P.M. TENTH FLOOR CONFERENCE ROOM, CITY HALL 1. Call to Order 2. Roll Call: John F. Mertz, Chair Do Vice-Chair ames DLlair B �reen �� � R. Vince j �� Alvan P. o 3. APPROVAL OF AGENDA As submitted. With Changes Noted 4. SECRETARY'S REPORT: Approval of Minutes of. July 23, 1990 QC �� July 23, 1990 OC Executive Session September 24, 1990 C October 22, 1990 January 28, 1991 -0 April 1, 1991 l� .__!� Correspondence Received and Sent Since Last Meeting N�/�o Disclosures of Financial Conflicts Filed Since Last Meeting Inquiries & Complaints Received Since Last Meeting Next Meeting Date hksGgiamal 5. CITY ATTORNEYS REPORT: 11 J Disclosures of Non Financial Conflicts Filed Since Last Meeting /bld Current Legal Developments of Interest 6. OLD BUSINESS (CLOSED SON): Draft Opinion on Hilliard Disclosure (Knot)- - Draft Opinion on Morris Disclosure (Knot) - A Zy Draft Opinion on.D. Joppie Disclosure (Knot) P-lr- jd-e ' 211 Cont./over.... t,L :NOT CITY ATTORNEY June 13, 1991 Mr . Donald P . Knechtel Patches Plus , Inc . c/o Lansing Police Department. 2nd Floor Lansing, Michigan 48933 RE : Affidavit of Disclosure for Patches Plus , Inc . Dear Mr. Knechtel : On June 4 , 1991 the Board of Ethics Committee met and reviewed your Affidavit of Disclosure . Attached is a copy of the Board ' s opinion 7egarding the same. If you have any questions , please feel free to contact me . Very truly yours , P Alvan P . Knot City Attorney APK/sp Enclosure cc : Mayor Terry J. McKane Jo Flaherty, Mayor' s Office Amy Foster, Purchasing CITY OF LANSING, 124 W. MICHIGAN AVENUE, 5th FLOOR, CITY HALL, LANSING, h4I 48933 TELEPHONE 517/483-4320 CITY OF LANSING BOARD OF ETHICS June 4 , 19� OPINION NO. 13 INTRODUCTION The Board of Ethics has received an `Affidavit of Disclosure" from oyee with ty a Lansing police officer employee of a of firm, which hlfr m desiresetoldo and is an officer or business with the City. OPINION l State law, specifically MCLA 15 . 322 , provides as a general Yule that. Sec . 2 ( 1) No public servant shall be a party, directly or indirectly, to any contract between himself and the public entity Of thich he is an officer or employee, P as provided in section 3 . ( 2 ) No public servant shall directly or indirectly solicit any contract between the public entity of which he is an officer or employee and (a) himself; (b) any firm (meaning a co-partnership or other unincorporated association) of which he is partner, member or employee; (c) any private corporation in which he is a stockholder owning more than 1% of the total outstanding stock of any class where such stock is not listed on a stock exchange or stock with a present total market value in excess of $25, 000 . 00 where such stock is listed on a stock exchange or o� which he is a director, officer or employee; or (d) any trust of which he is a beneficiary or trustee; nor shall he take any part in the negotiations for such a contract or the renegotiation thereof thereof; amendmen}' thereto or in the approval nor shall he represent either party in the transaction; except as provided in section 3 . (Emphasis added. ) MCLI. 15 . 324 provides for a statutory exception to the abov--:-quoted general statutory prohibitions . MCLA 15 . 324 provides that a company, which is the lowest qualified bidder pursuant to a sealed bid process with public notice may do business with the City even though an officer or employee of the firm is a full-time City employee. The selection and/or utilization of a company, which has as an officer or employee, a full-time City employee, by any other process is prohibited. Even if the company which has as an officer or employee a full-time City employee receives a contract from the City because the company is the lowest qualified bidder under a sealed bid- process , the City is prohibited from renegotiating the contract, making amendments to the contract or making additional payments which are not authorized by the contract to the company. Therefore, based upon the above-mentioned state statutory provisions , the company is not prohibited from doing business with the City, provided that the company is the lowest qualified bidder arising out of a sealed bid process with public notice and provided that the Lansing police officer files an affidavit of disclosure with the City Council pursuant to the provisions of the City' s Ethics ordinance . I trust the above has satisfied your inquiry. If there are further questions , please feel free to contact me . Respectfully submitted, THE LANSING BOARD OF ETHICS IL ,60r-�_ jdhn F. Mertz, Chairman Alvan P. Knot, City Attorney Donald Cook, Vice-Chairman eUi",'_t 6tg.,N R. Vincent Green, Public Member AL KNOT CITY ATTORNEY June 13 , 19911 Mr . Dan Puuri Safe Records Center, Inc . c/o Lans: nC police Department 2nd Flocr Lansing, Michigan 48933 RE : Affidavit Ot Disclosure fcr Safe Recores Cents!, Inc . Dear Mr. Puuri : 19. 1 the Board of Ethics Comp,:ittse met and reviewed your ��n June _ , Q ynion Af fida%;it of Disclosure . Attac�:ed is a copy of the Board' s eP' - rega:rding the same . If v:,,: have any quest:1.ons , ,)lease feel free to contact me . Very truly yours , (PLC. klvan P. Knot City Attorney APK/sp Enclosure cc : Mayor Terry J. McKane Jo Flaherty, mayor' s Office Amy Foster, Purchasing CITY OF LANSING, 124 W. MICHIGAN AVENUE, 5th FLOOR, CITY HALL, LANSING, MI 48933 TELEPHONE 517/493-4320 CITY OF LANSING BOARD. OF ETHICS OPINION NO. 14 June 4 , 1991 INTRODUCTION The Board of Ethics has received an "Affidavit of Disclosure" from a Lansing police officer who is a full-time employee with the City and is an officer or employee of a firm, which firm desires to do business with the City. OPINION State law, specifically MCLA 15 . 322 , provides as a general rule that Sec. 2 ( 1) No public servant shall be a party, directly or indirectly, to any contract between himself and the public entity of which he is an officer or employee, except as provided in section 3 . (2 ) No public servant shall directly or indirectly solicit any contract between the public entity of which he is an officer or employee and (a) himself; • (b) any firm (meaning a co-partnership or other unincorporated association) of which he is a partner, member or employee; (c) any private corporation in which he is a stockholder owning more than 1% of the total outstanding stock of -any class where such stock is not listed on a stock exchange or stock with a present total market value in excess . of $25,000 . 00 where such- stock is listed on -a stock exchange or of which he is a director, officer or employee; or (d) any trust of which he is a beneficiary or trustee; nor shall he take any part in the negotiations for such a contract or the renegotiation thereof or amendment thereto or in the approval thereof; nor shall he represent either party in the transact_on; except as provided in section 3 . (Emphasis added. ) 1',-_11A 15 . 324 provides for a statutory exception to the above-quoted general statutory prohibitions . '15 . 324 provides that a company, which is the lowest qualified bid process with public notice may do bidder pursuant to a sealed business wLth the City even though an officer. or employee of the firm is a full-time City employee . The selection and/or utilization of a company, which has as an officer or employee, a full-time City employee, by any other process is prohibited. Even if the company which has as ar, officer or employee a full-time City employee receives a contract from the City because the the Pa ty is is the lowest qualified bidder under a sealed bid process , prohibiter from renegotiating the contract, making amendments to the contract or making additional payments which are not authorized by the contract to the company. Therefore, based upon the above-mentioned state statutory provisions , tree company is not prohibited from doing business with the City, provided that the company is the lowest qualified bidder arising out of a sealed bid process with ublic notice and provided that the Lansing police officer files an affidavit of disclosure with the City Counci suant to the provisions of the City' s Ethics ordinance. I trust the above has satisfied your inquiry. If there are further questions , please feel free to contact me. Respectfully submitted, THE LANSING BOARD OF ETHICS J hn F . Mertz , Chairman C�L P. �U* ' ce-Chairman Alvan P . Knot, City Attorney Donald Cook, Vi R. 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F1( ] R-3 r MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING MONDAY, JUNE 24, 1991 - 2:00 P.M. TENTH FLOOR CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 2:06 p.m., in the City Council Conference Room, loth Floor, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: John Mertz, Chairperson Don Cook, Vice-Chairperson Al Knot, City Attorney Vince Green, Public Member ABSENT: James Blair, City Clerk A QUORUM WAS PRESENT OTHERS PRESENT: Francesca Doneth, Senior Legislative Assistant to City Council (Recording Secretary) Harold Leeman, Member of the Public APPROVAL OF AGENDA: The agenda was approved as submitted. APPROVAL OF NO[NUTES: Member Cook moved that the minutes of June 3, 1991, be approved as submitted. Motion was supported by Member Knot. CARRIED 4-0. CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: None as of June 3, 1991. DISCLOSURES OF FINANCIAL CONFLICTS FILED SINCE LAST MEETING: None. 00 TT WU � In T6, 2 NEXT MEETING DATE: July 23, 1991. Mr. Cook moved to amend the rules and change the regular meeting date and time of the Board meetings to the Third Tuesday of the month at 5:00 p.m., in the Council Conference Room or City Council Chambers. Motion was supported by Member Green. MOTION CARRIED 4-0. INQUIRIES AND COMPLAINTS RECEIVED SINCE LAST MEETING: None. CITY ATTORNEYS REPORT: Disclosures of Non Financial Conflicts filed since last meeting. An affidavit of disclosure was filed by Councilmember Mark Canady regarding the Holden House request for rezoning. Discussion ensued. Councilmember Canady's wife Renee Canady serves as a Board Member of the National Council on Alcoholism which the Holden House is an affiliate. OLD BUSINESS (Open Session): The Following are pending opinions from Member Knot: • Draft Opinion on Hilliard Disclosure • Draft Opinion on Morris Disclosure • Draft Opinion on D. Joppie Disclosure City Attorney will provide the Board with Opinions on Hilliard, Morris, Joppie and Knechtel disclosures some time in July. • Draft Revised Ordinance (Knot) - Pending • Revised Rules of Procedure (Mertz) - Pending. NEW BUSINESS: Affidavit of Disclosure filed by Councilmember Mark Canady was received. Member Knot to draft a letter for the Board to review at the July 23, 1991, meeting pertaining to this issue. BOARD ROUNDTABLE/ANNOUNCEMENTS/ADJOURNMENT: General Discussion. 3 Board Elections: Member Mertz was re-elected as Chair of the Ethics Board by a unanimous vote. Member Cook was re-elected as Vice-Chair by a unanimous vote. Member Green stated that subsequent to the last meeting, he did sign Opinions #13 and #14 as drafted by the City Attorney. Recording Secretary will post the new meeting schedule per Charter requirements. Meeting adjourned at 3:05 p.m. Respectfully submitted, FRANCESCA DONETH Recording Secretary Date Approved:________________________ MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING MONDAY, JUNE 24, 1991 - 2:00 P.M. TENTH FLOOR CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 2:06 p.m., in the City Council Conference Room, loth Floor, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: John Mertz, Chairperson Don Cook, Vice-Chairperson Al Knot, City Attorney Vince Green, Public Member ABSENT: James Blair, City Clerk A QUORUM WAS PRESENT OTHERS PRESENT: Francesca Doneth, Senior Legislative Assistant to City Council (Recording Secretary) Harold Leeman, Member of the Public APPROVAL OF AGENDA: The agenda was approved as submitted. APPROVAL OF MINUTES: Member Cook moved that the minutes of June 3, 1991, be approved as submitted. Motion was supported by Member Knot. CARRIED 4-0. CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: None as of June 3, 1991. DISCLOSURES OF FINANCIAL CONFLICTS FILED SINCE LAST MEETING: None. 2 NEXT MEETING DATE: July 23, 1991. Mr. Cook moved to amend the rules and change the regular meeting date and time of the Board meetings to the FourthTuesday of the month at 5:00 p.m., in the Council Conference Room or City Council Chambers. Motion was supported by Member Green. MOTION CARRIED 4-0. INQUIRIES AND COMPLAINTS RECEIVED SINCE LAST MEETING: None. CITY ATTORNEYS REPORT: Disclosures of Non Financial Conflicts filed since last meeting. An affidavit of disclosure was filed by Councilmember Mark Canady regarding the Holden House request for rezoning. Discussion ensued. Councilmember Canady's wife Renee Canady serves as a Board Member of the National Council on Alcoholism which the Holden House is an affiliate. OLD BUSINESS (Open Session): The Following are pending opinions from Member Knot: • Draft Opinion on Hilliard Disclosure • Draft Opinion on Morris Disclosure • Draft Opinion on D. Joppie Disclosure City Attorney will provide the Board with Opinions on Hilliard, Morris, Joppie and Knechtel disclosures some time in July. • Draft Revised Ordinance (Knot) - Pending • Revised Rules of Procedure (Mertz) - Pending. NEW BUSINESS: Affidavit of Disclosure filed by Councilmember Mark Canady was received. Member Knot to draft a letter for the Board to review at the July 23, 1991, meeting pertaining to this issue. BOARD ROUNDTABLE/ANNOUNCEMENTS/ADJOURNMENT: General Discussion. 3 Board Elections: Member Mertz was re-elected as Chair of the Ethics Board by a unanimous vote. Member Cook was re-elected as Vice-Chair by a unanimous vote. Member Green stated that subsequent to the last meeting, he did sign Opinions #13 and #14 as drafted by the City Attorney. Recording Secretary will post the new meeting schedule per Charter requirements. Meeting adjourned at 3:05 p.m. Respectfully submitted, FRANCESCA DONETH Recording Secretary Date Approved:__al_ �2------------- REFERRED TO THE BOA: )F ETHICS December 11, 1991 Mayor of the City of Lansing City Clerk, of the City of Lansing Uember' s of the Lansing City Council Lansing City Hall cn Lansing, Michigan, 48933 �= Dear Government Officials; ' This is to inform you that I wish to address the Ethics Board concerning a matter of Ethics of a Government Employee. W c� Please advise me in writing when the Ethics Board will meet so I may present co my complaints. A concerned Citi n, sincerely, Lloyd eets 116 Elm Street, Apt B Lansing, Michigan, 48910 ( 1-517) 371-5963 ..;COPY TO: MAYOR McKane City Clerk City Attorney 8 members of the Lansing City Council. AGENDA CITY OF LANSING BOARD OF ETHICS MONDAY, JUNE 24, 1991 - 2:00 P.M. TENTH FLOOR CONFERENCE ROOM, CITY HALL 1. Call to Order 2. Roll Call: John F. Mertz, Chair IJ�X� Donald Cook, Vice-Chair ✓ James D. Blair R. Vincent Green Alvan P. Knot 3. APPROVAL OF AGENDA: As submitted. With Changes Noted 4. SECRETARY'S REPORT: Approval of Minutes of: June 3, 1991 Correspondence Received and Sent Since Last Meeting Disclosures of Financial Conflicts Filed Since Last Meeting Inquiries & Complaints Received Since Last Meeting Next Meeting Date July 25, 1991 5. CITY ATTORNEYS REPORT: ry►t yc� 2 Disclosures of Non Financial Conflicts Filed Since Last Meeting Vn V" Current Legal Developments of Interest 6. OLD BUSINESS (CLOSED SESSION): Draft Opinion on Hilliard Disclosure (Knot) Draft Opinion on Morris Disclosure (Knot) TALI Draft Opinion on D. Joppie Disclosure (Knot) 7. OLD BUSINESS(OPEN SESSION): Draft Revised Ordinance (Knot) Revised Rules of Procedure (Mertz) cont./over... 8. NEW BUSINESS: (OPEN SESSION): /4� Affidavits of Disclosure - Mark Canady � f 9. BOARD ROUNDTABLE/ANNOUNCEMENTS/ADJOURNMENT 013 . 6IJ Uaj� Q � "4Dr N> CITY OF LANSING AFFIDAVIT OF DISCLOSURE OF CONFLICT OF INTEREST TO: [x] CITY CLERK or [x] CITY ATTORNEY and [x] MAYOR and , DEPARTMENT HEAD or [x] CITY COUNCIL PRESIDENT (Name) Mark H. Canady being duly sworn, says under oath: 1. I am an elected or appointed officer or employee of the City of Lansing, holding the position of (Title) Councilmember in the Department. This position is: [ ] Fulltime [K] Parttime ( less than 25 hours/wk) [ ] Unpaid. 2. [� I , [ ] and/or my (Relationship) , a member of my immediate family as defined in Ordinance 290. 02 ( i ) , [ ] and/or (Name) a business with which I am associated as defined in Ordinance 290 . 02 (b) , (c) and (d) : (Select the option or options that apply) [ ] a. may receive a financial benefit of more than a de minimus nature which is distinguishable from the benefits to the person as a member of the public or as a member of a broad segment of the public from a decision I would otherwise make or participate in as an officer or employee. The decision involved is described as follows: The financial benefit will be received by the following persons in the following amounts: ;and/or [ ] b. intend to have business dealings with the City of 1 Lansing, either directly or indirectly. The business dealings are specifically described in detail as follows ( include names of each party, the duration of the dealings, the financial consideration between the parties, the governmental facilities or services involved, the nature and degree of assignment of government employees for fulfillment of dealings, and the natur<:-� of any pecuniary interest) : ;and/or [ ] c. may derive income or benefits, either directly or indirectly, in addition to official remuneration, as a result of Council action. The action involved is described as follows: The income or benefits, in addition to official remuneration, that will be derived , either directly or indirectly, is described as follows : ;and/or [ ] d. may derive income or benefits, either directly or indirectly, in addition to official remuneration, as a result of a contract with the City. The contract is specifically described in detail as follows ( include names of each party, the duration of the dealings, the financial consideration between the parties, the governmental facilities or services involved, the nature and degree of assignment of government employees for fulfillment of the contract, and the nature of any pecuniary interest) : 2 ;and/or [x] e. have a conflict between a personal interest and the public interest as defined by state law, the Lansing City Charter, or ordinance. The personal interest that conflicts with the public interest is described as follows : My wife is on the NCA Board. The public interest that the personal interest conflicts with is described as follows : Holden House, an NCA Project, is seeking Council approval for rezoning. 3. I have attached additional detail on the reverse of this form or on attached sheets, including copies of all relevant documents, memos, resolutions, and contracts . 4. (Select One) [X] I will not make or participate in the making of the affected decision and/or governmental decisions concerning the contract and/or governmental decisions concerning the business dealings and/or governmental decisions concerning the conflict, OR [ ] Despite the conflict of interest, I am able to make or participate in the making of the affected decision and/or governmental decisions concerning the contract and/or governmental decisions concerning the business dealings and/or governmental _ decisions concerning the conflict, fairly, objectively, and in the public interest because: 3 5. I hereby certify that this disclosure is complete and accurate to the best of my knowledge, information and belief. 6. I hereby certify that I have not solicited or entered into any agreement with the City of Lansing prior to filing this affidavit. The foregoing Affidavit of Disclosure of Conflict of Interest was executed on the day of 191. a Subscribed and sworn before me the �-;04-k day of 19 in &M Q1 County, Michigan MARILYNN SLADE Notary Public/or Notary �ln�arn County MI Deputy Clerk Mr 1995 County, Michigan My Commission Expires : FOR CITY CLERK/CITY ATTORNEY USAGE DATE FILED: COPIES SENT TO: [ ] Mayor [ ] City Council President [ ] Department Head [ ] Board of Ethics DATE SENT: BY: 4 CITY OF LANSING AFFIDAVIT OF DISCLOSURE OF CONFLICT OF INTEREST TO: [x] CITY CLERK or [4 CITY ATTORNEY and [� MAYOR and , DEPARTMENT HEAD or [� CITY COUNCIL PRESIDENT (Name) Mark H. Canady being duly sworn, says under oath: 1. I am an elected or appointed officer or employee of the City of Lansing, holding the position of (Title) Councilmember in the Department. This position is: [ ] Fulltime [X] Parttime ( less than 25 hours/wk ) [ ] Unpaid. 2. [1 I , [ ] and/or my (Relationship) , a member of my immediate family as defined in Ordinance 290 . 02 ( i ) , [ ] and/or (Name) a business with which I am associated as defined in Ordinance 290 . 02 (b) , (c) and (d) : (Select the option or options that apply) [ ] a. may receive a financial benefit of more than a de minimus nature which is distinguishable from the benefits to the person as a member of the public or as a member of a broad segment of the public from a decision I would otherwise make or participate in as an officer or employee. The decision involved is described as follows: The financial benefit will be received by the following persons in the following amounts: ;and/or [ ] b. intend to have business dealings with the City of 1 Lansing, either directly or indirectly. The business dealings are specifically described in detail as follows ( include names of each party, the duration of the dealings, the financial consideration between the parties, the governmental facilities or services involved, the nature and degree of assignment of government employees for fulfillment of dealings, and the nature of any pecuniary interest) : ;and/or [ ] C. may derive income or benefits, either directly or indirectly, in addition to official remuneration, as a result of Council action. The action involved is described as follows: The income or benefits, in addition to official remuneration, that will be derived , either directly or indirectly, is described as follows: ;and/or [ ] d. may derive income or benefits, either directly or indirectly, in addition to official remuneration, as a result of a contract with the City. The contract is specifically described in detail as follows ( include names of each party, the duration of the dealings, the financial consideration between the parties, the governmental facilities or services involved, the nature and degree of assignment of government employees for fulfillment of the contract, and the nature of any pecuniary interest) : 2 ;and/or [� e. have a conflict between a personal interest and the public interest as defined by state law, the Lansing City Charter, or ordinance. The personal interest that conflicts with the public interest is described as follows : A member of my law firm represents Driftwood, Inc. in front of the Liquor Control Commission. The public interest that the personal interest conflicts with is described as follows : Driftwood, Inc. has sought a "cabaret" license from the City. 3. I have attached additional detail on -the reverse of this form or on attached sheets, including copies of all relevant documents, memos , resolutions , and contracts . 4. (Select One) [x] I will not make or participate in the making of the affected decision and/or governmental decisions concerning the contract and/or governmental decisions concerning the business dealings and/or governmental decisions concerning the conflict, M nor will any member of my firm represent Driftwood, Inc. in front of City Boards of the Council. [ ] Despite the conflict of interest, I am able to make or participate in the making of the affected decision and/or governmental decisions concerning the contract and/or governmental decisions concerning the business dealings and/or governmental decisions concerning the conflict, fairly, objectively, and in the public interest because: 3 5. I hereby certify that this disclosure is complete and accurate to the best of my knowledge, information and belief. 6. I hereby certify that I have not solicited or entered into any agreement with the City of Lansing prior to filing this affidavit. The foregoing Affidavit of Disclosure of Conflict of Interest was executed on the day of 19 y l Subscribed and sworn before me the day of L— . 19q ( , in Count y, Michigan �!•+M i'it.Fic, inyn8m �_ra?h, ,yl; , otary Public/Or wr,_^"�•;,ni. Exec Feb. 2G ��o; - Deputy Clerk County, Michigan My Commission Expires : FOR CITY CLERK/CITY ATTORNEY USAGE DATE FILED: COPIES SENT TO: [ ]Mayor [ ) City Council President ( ] Department Head ( ) Board of Ethics DATE SENT: BY: 4