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HomeMy WebLinkAbout1996 Minutes + Rules of Procedure -ALL �) \ \\ / § \� / \ /00 § \�\ \ �r7 Q » ao \ S $ « /° % t32 � $�/a0CD E ° ■ _ § o10 2® \ \ R $ e \ rt \rt (D \ \ ƒ / f%/ƒ� e \ $ � � e / $ ekDeqrt e t © a H. « > eoer °ON0 Ott ® G $. 3�7 § = ee r e ° G° 7\° rt O tr 0m ° \ $ , m e m F 2 & �j (D H &R 2 \ \� f \/ � A 2 (D we & Ul \ \ \\ ( rt /ƒ \ \ Ay)\JG9q?] 0 \ a 22K;jS/G ) /% DRAFT MINUTES LANSING BOARD OF ETHICS REGULAR MEETING TUESDAY, 12/10/96, 5:30 P.M. 9TH FLOOR CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 5:35 p.m. by Chairperson Lehmann in the 9th floor conference room, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: David Lehmann, Chairperson Dr. Georgia Johnson, Member Robert Nole, Member Ellen Sullivan, Member Joan Trezise, Member OTHERS PRESENT: Marilynn Slade, City Clerk, Secretary Jim Smiertka, City Attorney Paul Novak, 4th Ward Councilmember BOARD MEMBERS ABSENT: Donald Kuiper, David Kimball, John Mertz A QUORUM WAS PRESENT APPROVAL OF AGENDA: Agenda approved as amended to add Approval of the 1997 Board Meeting Schedule SECRETARY'S REPORT; Approval of Minutes - Motion by Member Nole to approve minutes of the October 8,1996 meeting with the correction that the date needs to be added to the top of these minutes. VOTE: 5/0 Correspondence Received - Affidavit of Disclosure filed by Councilmember Paul Novak 1 Councilmember Novak explained the circumstances covered by his affidavit of disclosure and answered questions from board members. Motion by Member Sullivan to receive and place on file Councilmember Novak's affidavit with no further board action being necessary. VOTE: 5/0 Rules of Procedure: Members reviewed draft #6 of the Rules of Procedure which included changes suggested by the Lansing City Council. Motion by Member Sullivan to adopt draft #6 of the Rules of Procedure with all the changes recommended by City Council. VOTE: 5/0 CITY ATTORNEY'S REPORT: Jim Smiertka reported that he has received an opinion from Judge Collette in the case of Lazar v Board of Ethics, Mertz, et al and that all charges have been dismissed except against John Mertz and Greg Koessel. In the McKane case, the defendants have filed an appeal to the 6th Circuit Court of Appeals and also refiled under state contract case law in circuit court. The City has filed a claim for attorney fees in both the case of McKane and Blair. CHAIR'S REPORT: None OLD BUSINESS: Revisions to Affidavit of Disclosure Board members reviewed the revisions to this form that were made by the City Attorney. Motion by Member Trezise to approve use of the revised Affidavit of Disclosure form. VOTE: 5/0 NEW BUSINESS: Draft of Proposed City of Lansing Ethics Manual Board members reviewed a draft of the Ethics Manual and made several suggested changes to the manual. The City Attorney stated that he would like to 2 take the manual back to his office for checking some of the legal questions in the manual. A revision encompassing these changes will be brought back to a future meeting of the board for their approval. Draft of the Statement of Financial Interest Form Board members reviewed a Statement of Financial Interest form that was prepared by the City Clerk. Motion by Member Trezise to approve the use of this form. VOTE: 5/0 Board Schedule for 1997 Motion by Member Sullivan to adopt the proposed schedule for Ethics Board meetings for 1997. VOTE: 5/0 PUBLIC COMMENTS: None There being no further business, meeting adjourned at 6:50 P.M. Respectfully submitted, MARILYNN SLADE City Clerk/Secretary Date Approved: 3 NOTICE L'i I'S It !',G 'C"I l'Y C 1-E RIK' THE ETHICS BOARD MEETING SCHEDULED FOR TUESDAY, NOVEMBER 12, 1996, AT 5 :30 P.M. HAS BEEN CANCELED. DAVID LEHMANN CHAIRPERS ON MINUTES LANSING CITY BOARD OF"ETHICS REGULAR MEETING OCTOBER 9. 1996 - S:30 P.M. NINTH FLOOR CONFERENCE ROOM, LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT 5;30 PM N THENINTH FLOOR CONFERENCE ROOM, CITY HALL, LANSING, MICHIGAN. BOARD MEMBERS PRESENT: ..DAVID: LEHMANN, CHAIRMAN DR D:ONALD KU60ER, VICE CHAIRMAN DR GEORGIA'L . JOHNSON, .PUBLIC MEMBER .... DAVID KIMBALL, PUBLIC MEMBER ROBERT HOLE PUBLIC MEMBER ..ELLEN'N SULLIVAN, PUBLIC MEMBER::::::::::::: ABSENT. JOHN MERTZj:.PUBLIC MEMBER [EXCUSED] .JOAN.TREZISE::PUBLIC MEMBER [EXCUSED? A QUORUM'WAS PRESENT- _. _. OTHERS.PRESENT ... DEBORAH K .MINER, RECORDING.SECRETARY JAcK..�JoRDAN; ASSIST. :.CITY ATTORNEY ... .: APPROVAL IOF AGENDA MOTION BY PUBLIC MEMBER KIMBALL TO.APPROVE THE:AGENDA AS AMENDED'BY,CHANGING THE ORDER OF BUSINESS:TO MAKE:OLD BUSINESS THE NEXT ITEM:;ON THE .. AGENDA TO ALLOW::THE..BOAR.D TO EXPEDITE:THE INTERV FIEW O :NANCY :J :LbGAN, ::SENIOR . SECRETARY FOR THE LANSING PARKS AND RECREATION DEPARTMENT REGARDING ThE AFFIDAVIT OF ..: DISC LOSURE'SHE FILED. - MOTION CARRIED 6J0, .; OLD BUSINESS;,:. _ REVIEW OF:AFF]DAVIT OF::DISCLOSURE...FILED:.BY NANCY J. LOGAN .:SENIOR SECRETARY LANSING PARKS AND RECREATION:DEPARTMENT THE BOARD RECEIVED THE FOLLOWING INFORMATION FROM MS, LOGAN SHE IS..THE O.NLY.CLERICAL EMPLOYEE AT THE CEMETERY OFFICE. __--...._... THE MANAGER OF THIS OFFICE RETIRED UNDER THE 92. EARLY RETIREMENT INCENTIVE OPTION. FOLLOWING THAT RETIREMENT, HER POSITION WAS RECLASSIFIED TO A LEVEL 26 POSITION. SHE FILED THE AFFIDAVIT OF DISCLOSURE IN ANTICIPATION OF ACCEPTING ADDITIONAL, PART-TIME EMPLOYMENT WITH A LOCAL FUNERAL HOME. HER JOB AT THE CEMETERY OFFICE INVOLVES THE SELLING OF GRAVE SITES AND THE TAKING OF BURIAL ORDERS, PREPARATION OF DECLARATIONS OF OWNERSHIP, FILING OF OWNERSHIP CHANGES, PROCESSING OF BURIALS, AND FILING, TYPING AND PC WORK. SHE DOES NOT HAVE CONTACT WITH THE CUSTOMERS, UNTIL AFTER THEY HAVE SELECTED A FUNERAL HOME. THE USUAL COURSE OF A CONTACT IS INITIATED BY THE FUNERAL HOME CALLING 1 THE CEMETERY OFFICE AND TELLING HER THEY HAVE A CUSTOMER THAT WOULD LIKE TO LOOK AT PLOTS. THE CITY OWNS THREE CEMETERIES, THOSE BEING; EVERGREEN, MT. HOPE AND NORTH, THE MAJORITY OF BURIAL PLOTS ARE OWNED BY INDIVIDUALS WHO HAVE PRE-PURCHASED THEM, WITH A FEW REMAINING CITY OWNED PLOTS THAT ARE AVAILABLE FOR PURCHASE. THE PART-TIME EMPLOYMENT SHE IS CONTEMPLATING WOULD BE FOR A LOCAL FUNERAL HOME AND WOULD CONSIST OF HER WORKING FROM 9:00 A.M. To 6:00 P.M. ON ALTERNATING WEEKENDS, ANSWERING TELEPHONES AND PERFORMING BASIC CLERICAL DUTIES AND WOULD NOT INVOLVE DIRECTING CUSTOMERS TO ONE CEMETERY OR ANOTHER. THERE IS NO DIFFERENCE IN THE COST OF BURIAL PLOTS FROM CEMETERY TO CEMETERY, THE ONLY DIFFERENTIAL IS WITH REGARD TO THE TYPE OF GRAVE, BE IT FLUSH TO THE GROUND, OR WITH A RAISED MONUMENT. MOTION BY PUBLIC MEMBER KIMBALL THAT THE AFFIDAVIT OF DISCLOSURE FILED BY NANCY J. LOGAN OF THE CITY OF LANSING PARKS AND RECREATION DEPARTMENT BE RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION RECOMMENDED BY THE BOARD OF ETHICS. MOTION CARRIED 6/0 REVISIONS To AFFIDAVIT OF DISCLOSURE FORM: THE BOARD DISCUSSED CHANGES THEY WOULD LIKE TO SEE TO THIS FORM, AND IT WAS THE CONSENSUS OF THE BOARD THAT THE FORM BE SIMPLIFIED BY REMOVING THE LEGALESE AND USING LAYMEN'S TERMS, THEREBY MAKING THE FORM LESS ONEROUS AND CONFUSING. THE BOARD ASKED THAT THE CITY ATTORNEY DRAFT A FORM THAT COMPLIES WITH THESE SUGGESTIONS AND PRODUCES A FORM THAT IS NOT MORE THAN TWO PAGES IN LENGTH AND INCLUDES THE EMPLOYEES NAME, POSITION AND THE NAME OF THEIR SUPERVISOR AT THE TOP, FOLLOWED BY THE NECESSARY QUESTIONS. TELEVISING OF ETHICS BOARD MEETINGS' IT WAS THE CONSENSUS OF THE BOARD THAT THEIR INTEREST IN THE PROSPECT OF TELEVISING FUTURE MEETINGS, AND IN THE PROCESS INVOLVED IN THE TELEVISING OF FUTURE MEETINGS BE DULY NOTED AND PLACED ON FILE. ACTION ON THIS MATTER IS DEFERRED INDEFINITELY. SECRETARY'S REPORT: APPROVAL OF MINUTES OF: SEPTEMBER 10, 1996. MOTION BY VICE-CHAIRMAN KUIPER TO APPROVE THE MINUTES OF SEPTEMBER 10, 1996 AS SUBMITTED. MOTION CARRIED 6/0 CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: I . LETTER FROM THE CITY CLERK NOTIFYING ETHICS BOARD MEMBERS OF THE STATUS OF THE RULES OF PROCEDURE APPROVED BY THE BOARD AT THE SEPTEMBER 10, 1996 MEETING. RECEIVED AND PLACED ON FILE. 2. LETTER FROM THE CITY CLERK REQUESTING THAT NANCY J. LOGAN ATTEND THE OCTOBER 6, 1 996 MEETING TO DISCUSS THE AFFIDAVIT OF DISCLOSURE FILED BY HER. RECEIVED AND PLACED ON FILE (SEE OLD BUSINESS; REVIEW OF AFFIDAVIT OF DISCLOSURE. NEXT REGULAR MEETING DATE• NOVEMBER 1 2, 1996. MOTION BY PUBLIC MEMBER JOHNSON TO CANCEL THE REGULARLY SCHEDULED MEETING OF NOVEMBER 1 2, 1996 BECAUSE 2 IT IS IN CONFLICT WITH THE CITY COUNCIL MEETING WHICH WILL BE HELD ON TUESDAY, NOVEMBER 12TH DUE TO THE OBSERVANCE OF VETERANS DAY ON MONDAY, NOVEMBER I I TH. MOTION CARRIED 6/0 CITY ATTORNEY'S REPORT' ASSISTANT CITY ATTORNEY JORDAN DID NOT GIVE A REPORT. CHAIR'S REPORT: THE CHAIR DID NOT GIVE A REPORT. NEW BUSINESS DRAFT OF PROPOSED CITY OF LANSING EMPLOYEES ETHICS MANUAL: DEFERRED UNTIL THE DECEMBER 10. 1996 MEETING. ADJOURNMENT MOTION BY VICE-CHAIR KUIPER TO ADJOURN, MEETING ADJOURNED AT 6:55 P.M. RESPECTFULLY SUBMITTED, DEBORAH K. MINER, RECORDING SECRETARY DATE APPROVED: A0�41141jv'n ' 3 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING SEPTEMBER 10, 19919 - 5:30 P.M. NINTH FLOOR CONFERENCE ROOM, LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT 5:30 P.M. IN THE NINTH FLOOR CONFERENCE ROOM, CITY .............:::::.:........... HALL, LANSING, MICHIGAN. BOARD MEMBERS PRESENT; LEHMANN:::CI kj4 M N :::.. ...: ::............ DR_ fi ONALD KUIPEf€;`VICE`CtiA kMA.W::: C7R GEORGIA;:L �IOHNSON, �'4TBhIC IuIMBER :::: ::::::::::: :........ ....... ............................ JOAIITREZISE[ :PIfBLIC :MEMBER:::::: ':: [ [ :. ...... ....... .:.: :ELLEN N. SUELIVaIJ�"Pu:eLicMti1Bf2a :. ROBERT NOLL:PUBLI.0 MEMBER..: . .................. ABSENTC:;; ::::' ::::: :DAYID KIMBALL, PUBLIC:.MEM.BER, .EXCUSED:-:::, : JOHN MERTZ, PUBLIC.MEMBER,.::Fki.: QU.ORLZM WAS PRESENT ... ..........................OT ERSP.RESEN'7": €€€_[;:; DAMES SMI.EF2TFCA;:CITY ATTORNEY:: . ":; DEBORAH K::MIi1ER, REGC?FtbING SECE7E APPROVAL;OF AGENO ..,:.. VICE-GHAIR:;:KUIPER:TO A1ylENt�THE:"'.AGENDA BY:.pPRRECTL:Y STATING;THE;NEXT MEETING::DATE:AS:OCTOBER::BEEI996 AWD BY"ADDING TFEREVISION`TOT# E[ERULES[OF[[PROCEDURE ::::::::::::::::::::::::::::::::::::............:::::::::::::: .... :::::::::::::::::::::::::..:::::::::::::::::::::::::::::::... ........... -:: . .:.::. TARRIED 6/0 ......... SEC RETARY!S REPO RTe.:: ................................................................................................................................... APPROVAU0 MOTION Bl`::::;ICEHAIFi:;IKLJIPER TO APPROVE THE MINUTES" F''iA17GU5T 1 3, 1996 AS :......:....::........ :.......: SUBMITTED :::::::::::::::::::::::::::::::::. ......... MOTION CARRIED 51 M:EMBER NbEE ABSTAI:N:ING,. :; .................................. _..................._.................................................... .............................................................................. ........................................................................ .................................................................. ................................................... .......................................... CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: I . LETTER SENT TO MAYOR HOLLISTER AND CITY COUNCILMEMBERS REQUESTING APPOINTMENT TO VACANT ETHICS BOARD SEATS. RECEIVED AND PLACED ON FILE 1 2. RESOLUTION ADOPTED BY CITY COUNCIL ON AUGUST 26, 1996, APPOINTING ROBERT HOLE TO THE 2ND WARD SEAT ON THE BOARD OF ETHICS FOR ATERM TO EXPIRE JUNE 30, 2000. RECEIVED AND PLACED ON FILE 3. ORDINANCE #953, ETHICS ORDINANCE, ADOPTED BY CITY COUNCIL ON AUGUST 26, 1996, EFFECTIVE DATE; SEPTEMBER 27, 1996 RECEIVED AND PLACED ON FILE 4. AFFIDAVIT OF DISCLOSURE FILED BY NANCY J. LOGAN, PARKS & RECREATION EMPLOYEE SCHEDULED FOR DISCUSSION WITH MS. LOGAN ATTHE OCTOBER 6, 1996 MEETING NEXT REGULAR MEETING DATE: OCTOBER 6, 1996 CITY ATTORNEWS REPORT: CITY ATTORNEY SMIERTKA REPORTED TO THE BOARD ON THE CITY'S SUCCESSFUL DEFENSE AGAINST THE LAWSUITS FILED BY FORMER MAYOR TERRY MCKANE AND FORMER CITY CLERK JAMES BLAIR. THE COURT RULED THAT THE EARLY RETIREMENT PLAN HAD TO HAVE BEEN ADOPTED BY ORDINANCE, AND THAT THE 1`TIE BAR" ISSUE WAS NOT A LEGAL ONE. BOTH CASES HAVE BEEN DISMISSED BY THE COURT. AT THIS JUNCTURE, BOTH PLAINTIFFS COULD APPEAL THE DECISION, OR, THEY COULD FILE AN ACTION IN CIRCUIT COURT. IN THE MATTER OF THE LAZAR CASE; A SUMMARY JUDGEMENT WAS GRANTED IN FAVOR OF THE CITY AND THE ETHICS BOARD. THE ACTION AGAINST ETHICS BOARD MEMBER MERTZ IS STILL PENDING, AS IS THE ACTION AGAINST INTERNAL AUDITOR GREGORY KOESSEL, MAINLY BECAUSE THE COURT WANTS ADDITIONAL INFORMATION. THIS CASE IS BEING HANDLED BY THE CITY'S INSURANCE CARRIER. MR. SMIERTKA REPORTED THAT THE DUARTE CASE IS CURRENTLY IN THE COURT OF APPEALS. THE CITY HAS FILED THEIR BRIEF AND DOES NOT EXPECT TO HAVE A DECISION ON THIS CASE FOR OVER A YEAR. HE INFORMED THE BOARD THAT THE CITY HAS CONVENED THE ETHICS MANUAL COMMITTEE, WHO HAS SET A TARGET DATE OF OCTOBER 1 , 1996 TO HAVE A DRAFT OF THE MANUAL READY FOR THE BOARDS REVIEW, OLD BUSINESS: REVISIONS TO ETHICS BOARD RULES OF PROCEDURE MOTION BY PUBLIC MEMBER TREZISE TO APPROVE THE RULES OF PROCEDURE AS AMENDED. MOTION CARRIED 6/0 TELEVISING OF ETHICS BOARD MEETINGS: AT THE REQUEST OF VICE-CHAIR KUIPER, THE ISSUE OF TELEVISING OF ETHICS BOARD MEETINGS WILL BE PLACED BACK ON THE AGENDA UNDER 2 OLD BUSINESS. NEW BUSINESS AFFIDAVIT OF DISCLOSURE FILED BY NANCY J. LOGAN: IT WAS THE CONSENSUS OF THE BOARD THAT THE RECORDING SECRETARY BE DIRECTED TO SEND A LETTER TO MS. LOGAN INVITING HER TO ATTEND THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD ON OCTOBER 6, 1996 TO GIVE THE BOARD FURTHER INFORMATION REGARDING HER EMPLOYMENT WITH THE PARKS AND RECREATION DEPARTMENT. ADJOURNMENT MOTION BY PUBLIC MEMBER JOHNSON TO ADJOURN MOTION CARRIED 6/0 MEETING ADJOURNED AT 6:50 P.M. RESPECTFULLY SUBMITTED, DEBORAH K. MINER, RECORDING SECRETARY Q , DATE APPROVED: , wu, 3 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING AUGUST 13, 1 99J6 - 5:30 P.M. NINTH FLOOR CONFERENCE ROOM, LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT S:30 P.M. IN THE NINTH FLOOR CONFERENCE ROOM, CITY HALL, LANSING, MICHIGAN. BOARD MEMBERS PRESENT: DAVIp LEH MAN N, CHAIRMAN D.R. DONALD KUIPER VICE-CHAIR ORJIAKOR ISIOGU, PUBLIC:MEMBER DAVID'KIMBALL, PUBLIC MEMBER JOYCE: MEJSSNF��, PUBL.IC'MEMBER JOHN ME ,-'"PUBLIC MEMBER (ARRIVED 6I 1 O P.M.I ELLEN.N. SULLIVAN, PUBLIC MEMBER ABSENT: DR. GEORGIA L. ..'JOHNSON, PUBLIC MEMBER (EXCUSED] JOAN TREZIS:E, PUBLIC MEMBER (EXCUSED] A QUORUM WAS PRESENT OTHERS.PRESENT;` JAMES D. SM.IERTKA, CITY ATTORNEY DEBORAH K, MINER, RECORDING SECRETARY APPROVAL OF AGENDA: MOTION BY PUBL.IC:.M EMBER:KIMBALL TO APPROVE THE AGENDA AS SUBMITTED;. MOTION CARRIED;'7/0 SECRETARY'S:REPORT: ELECTION OF OFFICERS NOMINATIONS FOR CHAIR: MOTION BY PUBLIC MEMBER ISIOGU TO NOMINATE VICE-CHAIR DAVID LEHMANN TO THE POSITION OF CHAIR OF THL.ETHICS BOARD FOR CALENDAR YEAR JULY I , 1996 THROUGH JUNE 30, 1997. NOMINATIONS FOR VICE-CHAIR: MOTION: BY PUBLIC MEMBER MEISSNER TO NOMINATE PUBLIC MEMBER DR. DONALD KUIP.ER TO:THE POSITION OF VICE-CHAIR OF THE ETHICS BOARD FOR CALENDAR YEAR JULY 1 , '1 9,96 THROUGH JUNE 30, 1 997 MOTION BY PUBLIC MEMBER KIMBALL THAT NOMINATIONS BE CLOSED, AND THAT THE SECRETARY BE INSTRUCTED TO CAST A UNANIMOUS BALLOT FOR THE ABOVE SLATE_ MOTION CARRIED 6/0 VICE CHAIRMAN KUIPER THANKED MEMBER ISIOGU FOR HIS LEADERSHIP AS CHAIRMAN OF THE BOARD OF ETHICS FOR THE PAST YEAR AND SAID THAT HE LEARNED A LOT FROM HIM, PARTICULARLY IN THE COURSE OF PUTTING THE PROPOSED ETHICS ORDINANCE BEFORE CITY COUNCIL. 1 MEMBER SULLIVAN STATED HER APPRECIATION OF THE WAY IN WHICH MEMBER ISIOGU CARRIED OUT HIS RESPONSIBILITIES. HIS APPROACH AND MANNER HAS BEEN VERY PLEASANT TO EXPERIENCE, AS WELL AS ETHICAL, AND NOT AT ALL HEAVY HANDED. MEMBER ISIOGU INFORMED BOARD MEMBERS THAT THIS WILL BE HIS LAST MEETING. HIS TERM EXPIRED IN FEBRUARY OF THIS YEAR AND HE HAS COMMITMENTS THAT CONFLICT WITH BOARD MEETINGS. APPROVAL OF MINUTES OF: MOTION BY PUBLIC MEMBER KIMBALL TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD MAY 30, 1996 AND THE REGULAR MEETING HELD JUNE I 1 , 1 996, AS SUBMITTED. MOTION CARRIED 7/0 CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: NONE INQUIRIES & COMPLAINTS RECEIVED SINCE LAST MEETING: NONE NEXT REGULAR MEETING DATE: SEPTEMBER 1 0, 1996 CITY ATTORNEY'S REPORT: MR. SMIERTKA HAD NO REPORT AT THIS TIME. OLD BUSINESS: I REVIEW OF REVISED RULES OF PROCEDURE' THE BOARD REVIEWED THE PROPOSED RULES OF PROCEDURE SUBMITTED BY CITY ATTORNEY SMIERTKA AT THE JUNE I I TH BOARD MEETING AND RECOMMENDED THE FOLLOWING CHANGES. IAI REPLACE ALL OCCURRENCES OF THE WORDS "PUBLIC MEMBERS" WITH THE WORDS 'VOTING MEMBERS" IBI AMEND PARAGRAPH # I TO STATE THAT THE REGULAR MEETING TIME OF THE BOARD SHALL BE 5:30 P.M. [Cl AMEND PARAGRAPH 6. 1 TO STATE THAT THE CHAIRPERSON AND VICE CHAIRPERSON SHALL BE SELECTED AT THE FIRST REGULAR MEETING IN JULY OF EACH YEAR. ID] AMEND PARAGRAPH 1 2 TO RE-INSERT THE WORD ADVISORY PRIOR TO THE WORD OPINION IN THE SECOND LINE, AND TO INSERT THE WORD LEGAL PRIOR TO THE WORD MEMORANDUM IN THE 6TH LINE. [El AMEND PARAGRAPH #5 TO STATE THAT PUBLIC COMMENTS WILL BE ALLOWED SUBJECT TO TIME LIMITS ENFORCED BY THE CHAIRPERSON OF THE BOARD OF ETHICS THE BOARD DISCUSSED AMENDING PARAGRAPH 1 0, TO CHANGE THE REQUIREMENTS FOR A QUORUM AND VOTING MAJORITY, TO STATE THAT A MAJORITY OF MEMBERS PRESENT AND VOTING WOULD CONSTITUTE A MAJORITY. HOWEVER, IT WAS THE CONSENSUS OF THE BOARD THAT THE REQUIREMENTS WOULD REMAIN AS STATED IN THE PROPOSED RULES. 2 CITY ATTORNEY SMIERTKA AGREED TO MAKE THE AGREED UPON REVISIONS AND RETURN A REVISED DRAFT OF THE RULES TO THE BOARD AT THE NEXT MEETING. MOTION BY PUBLIC MEMBER KIMBALL THAT THE SECRETARY BE DIRECTED TO SEND A LETTER TO BOTH CITY COUNCIL AND MAYOR HOLLISTER REQUESTINQ THAT THE ETHICS BOARD VACANCIES BE FILLED AS EXPEDITIOUSLY AS POSSIBLE, SO THAT THE BOARD IS ABLE TO FUNCTION ACCORDING TO IT'S RULES. MOTION CARRIED 6/0 PUBLIC MEMBER SULLIVAN AND FORMER MEMBER MEISSNER SUBMITTED THEIR NAMES FOR REAPPOINTMENT TO THE BOARD. MEMBER SULLIVAN FOR A TWO YEAR POSITION, AND FORMER MEMBER MEISSNER FOR A 4 YEAR APPOINTMENT. 2. REVIEW OF REVISED AFFIDAVIT OF DISCLOSURE FORM' DEFERRED UNTIL THE NEXT REGULAR MEETING OF THE BOARD OF ETHICS. NEW BUSINESS I . JANET L. LAZAR AND JERRY C. LAZAR V CITY OF LANSING BOARD OF ETHICS AND JOHN F. MERTZ GREGORY KOESSEL AND TOM DOWNS EACH IN THEIR OFFICIAL AND INDIVIDUAL CAPACITIES: NO ACTION REQUIRED AT THIS TIME, THIS ITEM IS FOR INFORMATION ONLY. RECEIVED AND PLACED ON FILE. 2. AFFIDAVIT OF DISCLOSURE FILED BY JOSEPH DANDY DIRECTOR OF THE BOARD OF WATER & LIGHT: NO ACTION REQUIRED AT THIS TIME, THIS ITEM IS FOR INFORMATION ONLY. RECEIVED AND PLACED ON FILE. ADJOURNMENT MOTION BY PUBLIC MEMBER KUIPER TO ADJOURN MOTION CARRIED 6/0 MEETING ADJOURNED AT 7: 10 P.M. RESPECTFULLY SUBMITTED, DEBORAH K. MINER, RECORDING SECRETARY DATE APPROVED. �06 3 ON ON T4 9 Ow w0 Q � wv Q � w0 � w zQ � Q wa w � w Qvz � v O � z u� w vw w � w H MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING JUNE 1 1, 1996 - 5:30 P.M. NINTH FLOOR CONFERENCE ROOM, LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT 5:30 P.M. IN THE NINTH FLOOR CONFERENCE ROOM, CITY HALL, LANSING, MICHIGAN. .............:::::.:........... BOARD MEMBERS PRESENT:.._:...:::DAVID L£HMAN_N VICE-CHAIRMAN ............:......:...::......:.:.....:...:.::...:..:.....:.......:.::.:.... DRt GE:QRGIAL ':JOHN:S:ON,::PUBLC MEMBER .............................. .. ... ........................................... ...... ............................ ..............._... AVID:: .:IMBALL;; PUBLIC MEMBER;... ...................................... ..:: .::.. .... .. ... ..........:.. ......::...............::................ __....... .......... ............. .............. .............._ _....... "ww. :'. cJOYCE: M.EISS:N.ER, 'F:UBLIG MEMBER. dbAN,TREZISE;:PUBLIC ,MEMB.ER`.' ABSENT: ::. ORJIAKOR IS.IOGU;, CHAIRMAN :.JOHN'MERTZ,.PUBLIC, MEMBER .:: ELLEN SULLIVAN, PUBLIC MEMBER A QUQRLJ.K.WAS PRESENT::. OTHERS PRESENT: DAMES:SMIERTKA, CITY ATTORNEY .... """ DEBORAH K. :MINER, RECORDING SECRETARY.:::: APPROVAL OR AGENDA: MOTION BY VICE-CHAIR LEHmANN TO APPROVE THE AGENDA AS AMENDED 'SHOWING.THE.DELETION OF THE APPROVAL OF..' MINUTES OF MAY 30,. 1 996 ::MOTION CAR'RIED.6jQ SECRETARY'$ REPORT: APPROVAL OE..MINUTES OF MAY 14... L995',.MOTION BY . PUBLIC MEMBER KUYPLR T.O.APPROVE:THE MINUTES OF.THEi MAY 1 4, 1.996.REGULAR SESSION AS SUBMITTED " MOTION CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING' 1 . LETTER':`FjROM:.AUTO-OWNERS.INSURANCE CO. RE: JANET L. ,::LAZAR AND JERRY C. LAZAR V CITY OF LANSING BOARD:OF ETHICS; AND JOHN F. MERTZ, GREGORY KOESSEL, AND TOM OWNS, EACH IN THEIR OFFICIAL AND iN:.DIVIDCTAt CAPACITIES 2. AFFIDAVIT OF DISCLOSURE FILED BY JOSEPH PANDY DIRECTOR OF THE BOARD OF WATER & LIGHT NEXT REGULAR MEETING DATE: JULY 9, 1996 1 PUBLIC COMMENT: THERE WERE NO PUBLIC COMMENTS CITY ATTORNEY'S REPORT: CITY ATTORNEY SMIERTKA SUBMITTED REVISED RULES OF PROCEDURE FOR THE BOARD'S REVIEW. HE REQUESTED THAT THE BOARD TAKE NO ACTION ON THE REVISED RULES AT TONIGHT'S MEETING, RATHER THAT THEY REVIEW THEM AND TAKE ACTION ON THEM AT THE NEXT REGULAR MEETING. CFIAIR'S REPORT: THE CHAIR DID NOT GIVE A REPORT. OLD BUSINESS: I REVIEW OF REVISIONS TO CHAPTER 290, CONFLICTS OF INTEREST (ETHICS ORDINANCE). MOTION BY PUBLIC MEMBER TREZISE TO RECOMMEND TO CITY COUNCIL THAT THE ORDINANCE BE ADOPTED AS REVISED BY THE CITY ATTORNEY. MOTION BY PUBLIC MEMBER KUIPER TO AMEND DRAFT #7 ON'PAGE 2, LINE I TO DELETE THE WORD "PUNISHED" AND REPLACE IT WITH THE WORD "CORRECTED". MOTION CARRIED 6/0 MOTION BY VICE-CHAIR LEHMANN TO AMEND DRAFT #7 ON PAGE I , LINE 7, BY DELETING THE WORDS "AND EMPLOYEES" MOTION CARRIED 6/0 MEMBER TREZISE'S MOTION FOR A POSITIVE RECOMMENDATION, WITH THE ABOVE STATED AMENDMENTS INCORPORATED, WAS CARRIED 6/0 2. REVIEW OF REVISED RULES OF PROCEDURE: DEFERRED TO THE NEXT REGULAR MEETING, SCHEDULED FOR JULY 9, 1 996 3. REVIEW OF REVISED AFFIDAVIT OF DISCLOSURE FORM; DEFERRED TO THE NEXT REGULAR MEETING, SCHEDULED FOR JULY 9, 1 996 NEW BUSINESS: . JANET L. LAZAR AND JERRY C. LAZAR V CITY OF LANSING BOARD OF ETHICS, AND JOHN F. MERTZ, GREGORY KOESSEL, AND TOM DOWNS, EACH IN THEIR OFFICIAL AND INDIVIDUAL CAPACITIES; DEFERRED 2. AFFIDAVIT OF DISCLOSURE FILED BY JOSEPH DANDY, DIRECTOR OF THE BOARD OF 2 WATER & LIGHT; DEFERRED ADJOURNMENT MOTION BY PUBLIC MEMBER JOHNSON TO ADJOURN MOTION CARRIED 6/0 MEETING ADJOURNED AT 6: 1 O P.M. RESPECTFULLY SUBMITTED, DEBORAH K. MINER, RECORDING SECRETARY I c� DATE APPROVED: 1 3 1 ( L 3 MINUTES LANSING CITY BOARD OF ETHICS SPECIAL MEETING MAY 30, 1 99'R - 5:30 P.M. NINTH FLOOR CONFERENCE ROOM LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT 5:30 P.M. IN THE NINTH FLOOR CONFERENCE ROOM, CITY HALL, LANSING, MICHIGAN. BOARD MEMBERS PRESENT: ORJIAKOR ISIOGU, CHAIRMAN DAVID LEHMANN, VICE-CHAIRMAN JOYCE MEISSNER, PUBLIC MEMBER JOAN TREZISE, PUBLIC MEMBER ELLEN::N. SULUVAN,..PUBLIC MEMBER ABSENT: DR GEORGIA JOfN50N, MEMBER DAVID`KIMBALL: MEMBER....._ .... . .... DR ':D. KUIP.ER. ME . R ,. i�L�HN:MERTZ,.:MEMBER, ii:: :.. . A QUORUM.WAS .PRESENT'.. OTHERS:PRESENT:. .JAMES:D SMIERTKA, CITY ATTORNEY : ... .. DEBORAH K. MINER, RECORDING:SECREi•ARY . APPROVAL OF AGENDA: '`'.: MOTION BY PUBLIC MEMBER SULLIVAN .70 APPROVE THE .. AGENDA;AS SUSMiTTED :: . ...... MOTION:CARRIED 5/0 SECRMjh REPORT•_ . .,. CITY:ATTO'RNL-WS REPORT :::. OLD BUSINESS;.':'..;:' I . F2EVISIt?NS TO:.CH,AF?TEF2:290, CONLCSOFINEREST (ETHICS,:ORDINANCET .......... MOTION 6Y; BLIC;;MEt51BER:TREZISE TO: DELETE:THE'WORI:: �1=ALSELY'� ON LINE::2 fOF'F:4GE 10 OF ..... WORKING DF2AFT 7 AN:D TO INSERT "MIS IMMEDIATELY PR IGiR.TO REP.RESENI�� ON THE`SAME LINE_ .. MOT10N,CARRIED 5/O NEW BUSINESS ADJOURNMENT - MOTION BY PUBLIC MEMBER TREZISE TO ADJOURN ................ .. MOTON CARIED 5/0 MEETING ADJOURNED AT 6:00 P.M. RESPECTFULLY SUBMITTED, DEBORAH K. MINER, RECORDING SECRECT�R{Y t DATE APPROVED 1 CITY OF LANSING - BOARD OF ETHI S-- SPECIAL MEETING THURSDAY, MAY 30, 1 996 - 9TH FLOOR CITY M,ALL- AGENDA b h i CALL TO ORDER: 5:30 P.M. THE CHAIR PRESIDING ROLL CALL: ❑ O. ISIOGU, CHAIR ❑ J. MEISSNER, MEMBER ❑ D. LEHMANN, VICE CHAIR ❑ J. MERTZ, MEMBER ❑ G. JOHNSON, MEMBER ❑ E. SULLIVAN, MEMBER ❑ D. KIMBALL, MEMBER ❑ J. TREZISE, MEMBER ❑ D. KUIPER, MEMBER A QUORUM IS: ❑PRESENT ❑NOT PRESENT ❑ OTHERS PRESENT: APPROVAL OF AGENDA: ❑ As SUBMITTED ❑ WITH CHANGES NOTED SECRETARY'S REPORT: CITY ATTORNEYS REPORT: CHAIR'S REPORT OLD BUSINESS ❑ REVISIONS TO CHAPTER 290, CONFLICTS OF INTEREST (ETHICS ORDINANCE) NEW BUSINESS PUBLIC COMMENT/BOARD ROUNDTABLE ❑ ADJOURNMENT MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING MAY 14, 1996 - 5:30 P.M. NINTH FLOOR CONFERENCE ROOM, LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT 5:42 P.M. IN THE NINTH FLOOR CONFERENCE ROOM, CITY HALL, LANSING, MICHIGAN. BOARD MEMBERS PRESENT: ORJIAKOR ISIOGU, CHAIRMAN DAVID LEHMANN, VICE-CHAIRMAN D11 R .1111.11.1 . DONALI L. KUIPEI'll, IR, PUBLIC MEMBER >:..�OYCE MEISSNER,:PUBLIG MEMBER ;. _ ;'r<''"' ELLEN N <SULLIVAN PUBLIC MEMBER ABSENT: "' f:AwD: KIMBALL *:Pl3k' IC.:ME-Mt; Eta Cexo SEDI .. ;. . :;:::. ".: DR GEORGIA JOH.NSC3N.; *:M13t to MEMBER [EXCUSED] »;:;;:.::.. ..:.. ..... "i.... ::: `;;J:OAN`:TREbISE, PL1E_ . ............. ................................ _...__... ............. ......... ....... ...... ........... ...... ....... ........ ........... ............................_... ............................... ............. ......... .............. ............... Jr. :OtiN=MERTZ `>PU:6IC`I`�IEMBr.:ER fEXC:USED]::> <.. . A QUOR...€3.1 I:W. A�..RRESEt�IT.:..... .. OTHERS PRESENT �]AMES SMIERTKA, CITY ATTORNEY "' ... ::. . ............... .... ......... .. . MARILYNN''SLADE CITY CLERK . . LLOYD TEETH € 16 E. ELM STREET .. . APO*rnOVAL OF:AGENDA, MOTION BY, .PU.BLIC M.:EMBER. SULLIVAN .TO APPROVE THE _ _.... .. ................ .. . .. ... .. _.. ........ .._ _.... _ .:..:.. ......... ..._.. ..._._.._..................... .... _ .. .... ... _ _.... ..........._... ......_.... _................ .. ........ _.... ..........._.....__._........ ... .. . .. ..... .. . .........._... ................ ............ ......I.......... ............ ...... ............................__ .. ... _ .. .... ... .._ ......_... ............................. ................ .... ........ AGENDA AS. SU8M1TTi"D. .. ...... .::;..,:. .......MO CARRIED 5J0 . . ':' .' ............ ...:.:. ..........::.:....:.... SEC.ACEITAF#Y'5, . PORT.......':::; :::::AF'P.ROVAL I MtN`EJT S of APE2tL 9. ;€99E >>>`:<<:>::;>:... C APIRII 9 1996 As ;::.::.::.:.;:.;;. �S .. P ROUE: THE MINU7`ES E.MOTI0IY.::B..Y.:,:P'U6LLC:::;NI:ENtB>rFt:::MEI ....N,E..... TO;,R:.P.I...... ..... .. ... SUBMITTED:::........ ... ;. 1. MQT1011:CARFIED SIC+ .. .. . . ......... ..... .... I. NEXT REG.IJLAR MEETING...DATE:°`:'? '. JUG£ I' 11996 .:: LLOYD TEETS OF -I .E E, ELM STATED THAT }LE DID ... 1. .......................................__...................................................1. -.._.........._._......____.............. ........ ____..........I--... .....................................__.................................................. .......................................................................................... COUNCIL HAD ANY AUTHORITY TO SEND THE.:ETHICS ORDINANGE'BACK TO THE ETHICS BOARD. HE .................................................................. ..................................._......................_. .... ........................................................... ........................................................ ................................................... STATED THAT HE CANT SUPPORT A PR0CEDURE 'THAT ALLOWS THE CITY ATTORNEY TO DO A PRELIMINARY INVESTIGATION OF A COMPLAINT FILED WITH THE ETHICS BOARD. HE STATED THE BOARD SHOULD BE PREPARED TO RECEIVE SOME COMPLAINTS REGARDING THE RAIN TAX ADOPTED BY CITY COUNCIL. CITY ATTORNEY'S REPORT: MR. SMIERTKA STATED THAT A MOTION FOR SUMMARY JUDGEMENT WAS FILED IN THE MCKANE AND BLAIR CASES IN COURT. HE CAN PROVIDE THE BOARD WITH A COPY IF THEY SO DESIRE, HE REPORTED THAT THE CITY HIRED AN EXPERT ACCOUNTING FIRM FROM BLOOMFIELD HILLS TO REVIEW 1 THE EARLY RETIREMENT PLAN. THIS FIRM REPORTED THAT THE AMORTIZATION PERIOD FOR THE EARLY RETIREMENT PLAN SHOULD HAVE BEEN SET AT 10 YEARS INSTEAD OF 30 YEARS. THE REPORTED SAVINGS ARE NOT THERE WHEN YOU LOOK AT THE PLAN BEING AMORTIZED OVER 1 O YEARS. THE TOTAL COST OF THE PLAN OVER A 30 YEAR AMORTIZATION AMOUNTS TO $42 MILLION DOLLARS. HE REPORTED THAT THIS FIRM FOUND THAT STATEMENTS MADE TO THE CITY COUNCIL AT THE TIME REGARDING THE IMMINENT BANKRUPTCY OF THE CITY WERE NOT TRUE; IN FACT THE CITY REPORTED A $200,000 SURPLUS THAT YEAR. TWO EARLY RETIREMENT PLANS WERE AVAILABLE, PLANS A AND B; YET ONLY THE MOST COSTLY PLAN WAS GIVEN TO COUNCIL FOR CONSIDERATION. THE CITY ATTORNEY ALSO REPORTED THAT THEY HAVE DEPOSITIONS WHICH SHOW THAT THE WORDING "ELECTED OFFICIALS" WAS INCLUDED IN THE RESOLUTION TO BE APPROVED BY COUNCIL UP UNTIL THE WEEK- END BEFORE THE ADOPTION AND WAS REMOVED BEFORE THE VOTE, CHAIR'S REPORT: MR. ISIOGU REPORTED THAT HE MET WITH COUNCIL PRESIDENT JONES TO DISCUSS THE STATUS OF THE ETHICS ORDINANCE. THE CITY ATTORNEY HAS WORKED WITH COUNCIL AND SUGGESTIONS MADE AT THE COUNCIL PUBLIC HEARING AND HAS MADE SOME CHANGES TO THE ORDINANCE. THESE CHANGES ARE BEING RETURNED BY COUNCIL TO THE BOARD FOR THEIR RESPONSE. CHAIRPERSON ISIOGU STATED HE HOPES THAT THE BOARD CAN HOLD A SPECIAL MEETING IN THE NEXT COUPLE OF WEEKS TO REVIEW THESE CHANGES AND GET THEIR COMMENTS BACK TO THE CITY COUNCIL. HE WOULD LIKE TO HAVE THIS TASK COMPLETED BEFORE HIS TERM ON THE BOARD EXPIRES, THE BOARD AGREED TO SCHEDULE A SPECIAL MEETING ON THURSDAY, MAY 30, 1996 AT 5:30 P.M. IN THE 9TH FLOOR CONFERENCE ROOM TO BEGIN REVIEW OF THE COUNCIL CHANGES TO THE ETHICS ORDINANCE. OLD BUSINESS: . RON ONUFER, CHANNEL 26; DEFERRED. 2. REVISION TO AFFIDAVIT OF DISCLOSURE FORM; DEFERRED. NEW BUSINESS: THE CITY ATTORNEY REPORTED THAT HE WILL HAVE PROPOSED RULES OF PROCEDURE FOR THE BOARD AVAILABLE FOR REVIEW AT THE JUNE I I TH REGULAR MEETING. ADJOURNMENT MOTION BY VICE CHAIRPERSON LEHMANN TO ADJOURN MOTION CARRIED 5/0 MEETING ADJOURNED AT 6:35 P.M. RESPECTFULLY SUBMITTED, C MARILYNN SLADE, RECORDING SECRETARY J ' DATE APPROVED: 2 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING . APRIL 9, 1996 - 5:30 P.M. NINTH FLOOR CONFERENCE ROOM, LANSING CITY HALL THE MEEnNG WAS CALLED TO ORDER AT 5:30 P.M. IN THE NINTH FLOOR CONFERENCE ROOM, CITY HALL, LANSING, MICHIGAN. BOAR MEMBERS PR D ESENT'=% -.'C4 '-'J-.:::'. :::>:::: :::: :>:>:::"'ii`-': >:':>.:.>AN;;:. ...................A#S�3.... ..idCaL......i l# ...::.:...... ............................:..::......................... :......................... . ............ .......................... L 1n �rFrlicEia ...................... ?z' R`< .' G3A`'` I' FL.'.:: hT' >: .;>`< .. EMBER ....-.::s- JR. .. ..L...... .. .NSQ....,... UB£I.C..M- b E ::::::::::::..::::::::::.:::::. .::::::: "€...�J. € RER . P#J LI. ME=M EA':: ::.;:.;:.;;:.:.:.;:....:.;:.;:.;:.;:.:.:.;:.;:.;:. »»::::......:; <:;" N? >.. OH...� �!I£RTZ P:UB�I'C`»N1ENI6:ER '=.''`'``> <>' ::. :.:- .. �.._....................... .:::::::::.:: .;;:.;:.;:.: :.........:..........:.:::.::.;:.;. >::>:z: 4d. .. ..S .. AN, .....0 E__.... .EM%�1.}�... ... f2 :Z 5 E . .:::.--, ... ... ANT E .. E .. . M M ER...... i : :> ': ::- : ? `> c »3> ;:`:: 3 . .[: . - E 3F : ::`:::> '.. ` .ABSENT .- ' ... AVID KLMH PUu MR :::. ALL Be £MB J : - - .:: .. .. : r: E... Q l LbRI+']: VAS. NT '`` O JAMES' SM[ERiff4 `:.CETY A-rr-V.EI':=<?<<'3<= > > > ::::-.-.-... » - DEBORAH a j......> :REC>>:R,`ING==S Y."' [:s ..:.:: W. M..-..ER .... .4.._R.....--....EGR[ TAR ;...:.............. -.-. J <:>: <:>:: » HN STR[ -K ER. ARA.pF WATER:. '::' ,:.;`,>`:::':'':'':'= >=>:<'.« .....i.::.. APPAIW ` '>OF G J►L.. A EllD ►'`'">' Mario `s ;`>:«:>: >::>: :>::>:::;:::..:::::.. .... .. ::> .::::.:N x,...uBs C I. EMBER :OHNSbN'TO AMEND. TiiE:AGENDA BY T >:::2>:::;:::>:>:1,>:>:::>:::::z:>OF:`:: :: I=O' W>:: G L .:...:... ....... 1N E. .....:.;::.:.%%-.-..;::.;.::.;:.::.::.::::.:::....: [«..�#[>l .10N.... T[il«.........t""O. E?T RS ...: .......... ... ....::;::»::>::>:::<:::i:; ;;::::::<::r;::>.::.:. i .... f3...M...:.:. Htq.:Et AS KAF2., C?ANA. /„,TbUL[=Y.AND LAW[31E=NG .;; 1 .. 1�tlli: iIT£%: iF THE ...:. BOARD::O ,-It1#ER.::aNID.''LIG.HTJN'::SUPPORT. F.:DIRECTORC*cjOSEPH PA3VDl ::.: >::.::::.:<,;:.;:.;::::::::.;:.;;;;;;'".` £T#'ER rk0. E -' LAKE :. .:::::.. .:::. :: ..::.::::::::::::::::::::.:: .;.::::; :.:.;::.;::. :.;.... .;: ::.::::...::.:...:.:..:M..s O..:...P C�?IAw.GUI.RF-.::oF.:::;).;-.5: :;E:..::.... LAM$.,NC*:..: .. >>> ANSING IN SU .;:.;:.:........:....«...-.:::.:;;;:.;;;:.;;:.;:: :.:::::::::.;:.;; >;:.;:.;:.;:.;>:.;:.;- 3 LETTEF2'[_ ......:..:.....:..:::.....................:::::: RfJ.......HI�.,L....P.;;.—----- HQ$$f P.F >f:,i.AJ 2`OF THE B:bAA5.' F E i4tv1 S#ONERS OF THE BOARD OF WATE<`_:'s:<:::»:::::: ::::>::::::::> >::::>:: ::»>:. ...::.;::.. .. ...... ..,At#C?:,LIGHT.,>►±L,SUPPORT of JOSEPH DANDY .. MOTION CARR = 8 :>>::: ;> ='> '>>''<'> »'»>>:? > > 0 0 M TI N BY PUBLIC MEMBER SLUE :>>::::::: ?: : »:>'' :>:::<>:: ::::::>:::: M ;r R LVA.td TCx APf-R.0VE THE.AGEAtI A AS AMENDED. MOTION CARRIED 8/0 SECRETARY'S REPORT: APPROVAL OF MINUTES OF FEBRUARY 27, 1 996 MOTION BY PUBLIC MEMBER KUIPER TO REVERSE THE ORDER OF THE MOTIONS ON THE JOSEPH PANDY ISSUE, AND TO APPROVE THE MINUTES AS AMENDED. 1 MOTION CARRIED 6/0 PUBLIC MEMBER MERTZ REQUESTED THAT IT BE NOTED IN THE MINUTES OF THIS MEETING THAT, ALTHOUGH HE WAS ABSENT FROM THE FEBRUARY 27, 1 996 MEETING, HE DISAGREES WITH THE DECISION OF THE BOARD WITH REGARD TO MR. DANDY. CORRESPONDENCE: REPORT FROM CITY ATTORNEY SMIERTKA REGARDING DANDY COMPLAINT (SEE DISCUSSION UNDER OLD BUSINESS #3.) NEXT REGULAR MEETING DATE: MAY 14, 1996 (DOCTOR JOHNSON NOTED THAT SHE WOULD BE UNABLE TO ATTEND THE MAY MEETING OF THE BOARD. SHE WILL BE OUT OF TOWN AT A MEDICAL CONFERENCE, AND REQUESTS THAT SHE BE EXCUSED.) MEMBER TREZISE SAID THAT SHE, TOO, WILL BE ABSENT FROM THE MAY MEETING AND REQUESTS THAT SHE BE EXCUSED. PUBLIC COMMENT: THERE WERE NO PUBLIC COMMENTS CITY ATTORNEY'S REPORT: MR. SMIERTKA STATED THAT THERE HAVE BEEN NO DISCLOSURES OF CONFLICT OF INTEREST FILED SINCE THE LAST MEETING. HE DID, HOWEVER, RESPOND TO AN INQUIRY FROM THE PURCHASING SUPERVISOR WITH REGARD TO PATCHES PLUS. EACH OF THESE BIDS WILL BE REVIEWED ON A CASE BY CASE BASIS. A COPY OF HIS RESPONSE WAS DISTRIBUTED TO THE BOARD MEMBERS FOR THE FILE. HE REPORTED THAT THE MCKANE EARLY RETIREMENT LAWSUIT IS SCHEDULED FOR AUGUST 27, 1996 AND THE BLAIR LAWSUIT IS SCHEDULED FOR SEPTEMBER 10, 1996. HE PLANS TO FILE MOTIONS IN THE NEXT FEW WEEKS FOR SUMMARY JUDGEMENTS IN BOTH CASES AND EXPECTS DECISIONS ON HIS MOTIONS SOMETIME THIS SUMMER. THE DUARTE LAWSUIT HAS BEEN APPEALED AND HE PLANS TO FILE A MOTION FOR DISMISSAL ON THE LAZAR LAWSUIT VERY SHORTLY. HE ASSURED THE BOARD THAT THE REDRAFTING OF THE ETHICS ORDINANCE WILL NOT CONTAIN EXTENSIVE CHANGES. IT WILL AMEND THE SECTION ON CONFIDENTIALITY, IN ORDER TO PROVIDE TARGET INDIVIDUALS WITH NOTICE OF COMPLAINTS FILED AGAINST THEM; IT WILL LIMIT DISCLOSURE REQUIREMENTS TO EMPLOYEES IN POLICY MAKING POSITIONS, AND GENERALLY CLEAN UP THE LANGUAGE OF THE ORDINANCE. HE WILL MEET WITH THE BOARD AND COUNCILMEMBER JONES TO PROVIDE A DOCUMENT THAT CAN BE RECOMMENDED. CHAIR'S REPORT: MR. ISIOGU REPORTED THAT, FOLLOWING THE CITY ATTORNEY'S REDRAFTING OF THE ETHICS ORDINANCE THE BOARD WILL HAVE A MEETING WITH COUNCIL PRESIDENT 'JONES AND THE CITY ATTORNEY TO SEE WHAT THEY CAN WORK OUT WITH REGARD TO THE ORDINANCE. THERE DOES NOT APPEAR TO BE ANY IMMEDIATE DANGER OF RADICAL CHANGES TO THE ORDINANCE. HE INFORMED THE BOARD THAT THE CITY OF YPSILANTI HAS ASKED TO HAVE A MEMBER OF THE LANSING ETHICS BOARD SIT IN ON A MEETING OF THEIR NEWLY ESTABLISHED ETHICS COMMISSION TO GIVE THEM INSIGHT. 2 THEY SUGGESTED A COUPLE OF DATES; APRIL 16, OR APRIL 22, 1996. HE ASKED FOR VOLUNTEERS TO ATTEND A MEETING ON ONE OF THESE DATES AS HE IS UNABLE TO ATTEND ON EITHER DATE. THEY MEET FROM 7:00 P.M. To 9:00 P.M. PUBLIC MEMBER MERTZ VOLUNTEERED TO ATTEND ON THE 22ND. OLD BUSINESS: I . RON ONUFER, CHANNEL 26; DEFERRED. 2. REVISION To AFFIDAVIT OF DISCLOSURE FORM; DEFERRED. 3. COMPLAINT FILED REGARDING JOE PANDY; CITY ATTORNEY SMIERTKA SUBMITTED A WRITTEN REPORT CONTAINING HIS RECOMMENDATION. PURSUANT TO THE DIRECTION OF THE BOARD AT THE FEBRUARY 27, 1996 MEETING, THIS COMPLAINT WILL BE HANDLED UNDER THE PROVISIONS CONTAINED IN THE NEW ETHICS ORDINANCE. BOARD MEMBERS QUESTIONED MR. SMIERTKA AS TO THE PROVISIONS OF THE AGREEMENT FOR THE DEVELOPMENT OF THE OTTAWA ST. STATION AND AS TO SUBJECT PROPERTY HOLDINGS OF MR. PANDY. MR. SMIERTKA SUMMARIZED THAT MR. PANDY DOES NOT OWN PROPERTY IN THE MMWA AREA AND HE SEES NO VIOLATIONS OF THE STATE STATUTE, CITY CHARTER, OR CODE OF ORDINANCES. THE MMWA CONTRACT IS EXEMPT FROM STATE STATUTE AND CONFLICT OF INTEREST PROVISIONS. WITH REGARD TO THE OTTAWA PARK ASSOCIATES DEVELOPERS (OPAD), MR. PANDY IS NOT A MEMBER OF THIS ASSOCIATION. HE OWNS SHARES IN A GOLF COURSE IN WHICH A MEMBER OF THE ASSOCIATES ALSO OWNS SHARES. HE HAS NOT BEEN INVOLVED IN THE EVALUATION OF OR NEGOTIATIONS FOR THE DEVELOPMENT OF THE OTTAWA ST. PLANT. THE CHARTER REQUIREMENT FOR DISCLOSURE CALLS FOR A CONTRACT PRIOR TO THE DISCLOSURE. THE BOARD CANNOT SAY THAT MR. PANDY IS DERIVING ANY BENEFIT FROM THE DEVELOPMENT OF THE OTTAWA ST. PLANT. THERE IS NOTHING IN THE LETTERS THAT WERE TRANSMITTED THAT WOULD INDICATE A VIOLATION OF STATE STATUTE, CITY CHARTER OR CODE OF ORDINANCES. IF OTHER FACTS COME FORWARD PRESENTING A DIFFERENT SITUATION, THEN THE OPINION WOULD BE DIFFERENT. MOTION BY PUBLIC MEMBER MERTZ THAT THE BOARD WRITE A LETTER TO THE WAYS AND MEANS COMMITTEE, PARTICULARLY MEMBERS BEAL, LEEMAN AND JONES, SAYING, 'THAT THE BOARD OF ETHICS DECLINES TO OPEN AN INVESTIGATION ON THE TWO REQUESTS REGARDING MR. PANDY ON THE BASIS THAT THERE DOES NOT APPEAR TO BE ANY FACTUAL REASON TO DO SO, BASED ON A PRELIMINARY REVIEW OF THE INFORMATION AVAILABLE TO THE BOARD AT THIS TIME (ATTACHED), AND THAT A CARBON COPY OF THE BOARDS RESPONSE BE SENT TO MR. PANDY. MOTION CARRIED 6/0 ADJOURNMENT MOTION BY PUBLIC MEMBER TREZISE TO ADJOURN MOTION CARRIED 6/0 MEETING ADJOURNED AT 7:30 P.M. RESPECTFULLY SUBMITTED, DEBORAH K. MINER, RECORDING SECRETARY DATE APPROVED: 3 ON t-I ^HJ H r� 00 O O � ww v aw� O H �' w w O C)N w � Q � vv � � w n? w "w H w w TY OF LANSING - BOARD OF - ,HICS SPECIAL MEETING hursday, Marc 5:30-8:00 P.M. LOCATION CHANGED TO: loth or Council Chambers CALL TO ORDER: 5:30 P.M. The Chair presiding ROLL CALL: [] O. Isiogu, Chairperson [] J. Meissner, Member [] D. Lehmann, Vice Chairperson [] J. Mertz, Member [] G. Johnson, Member [] E. Sullivan, Member [] D. Kimball, Member [] J. Trezise, Member [] D. ICuiper, Member A Quorum is: [] Present [] Not Present [] Others Present: APPROVAL OF AGENDA: [] As Submitted [] With Changes Noted SECRETARY'S REPORT: [] Next Regular Meeting Date: April 9. 1996 CITYATTORNEY'S REPORT CHAIR'S REPORT PUBLIC COMMENT BUSINESS [] 1. Discussion of Ethics Ordinance r-- ADJOURNMENT C7 r i�t m i.J -0 o MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING FEBRUARY 07, 1996 - 5:30 P.M. NINTH FLOOR CONFERENCE ROOM, LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT 5:30 P.M. IN THE NINTH FLOOR CONFERENCE ROOM, CITY HALL, LANSING, MICHIGAN. BOARD MEMBERS PRESENT ORJIAKOR ISIOGU, CHAIRMAN DAVID LEHMANN, VICE-CHAIRMAN ......._........... DR. GEORGIA L. JOHNSON, PUBLIC MEMBER ....................... ..................... ......................... DAVID KIMBALL, PUBLIC MEMBER DR; DONALD KUIPER, PUBLIC MEMBER JOYCE MEISSNER, PUBLIC MEMBER ELLEN :N:. SULLIVAN, PUBLIC MEMBER ABSENT: �JOHN MERTL, PUBLIC 'MEMBER MOAN TREZISE, PUBLIC MEMBER A QUORUM WAS PRESENT OTHERS PRESENT: MARILYNN'.SLADE, CITY CLERK JIM SMIERTKA, CITY ATTORNEY (ARR. AT 5:45 P.M.) WALTER JONES, 2 1 5 RUMSEY MIKE DIKEMAN:, 2:1`:58 AUBURN ANNETTE HARKEN, 3 1 5 BINGHAM PAUL SCOTT, 4 12 W. KILBORN »: : <: >:::;.... JOE PANDY, 1 7I O MOORES RIVER BOB ALLISON, LANSING STATE JOURNAL; MARA MCDONALD, CHANNEL 6 (WILX) GENE SIBLEY, LOCAL 6Q2 " "' `` LLOY:D TESTS, I 1 6 E. ELM APPROVAL OF.AGENDA: MOTION BY MEMBER KIMBALL TO APPROVE THE AGENDA AS SUBMITTED WITH THE ADDITION OF TAKING UP THE MATTER OF THE-COMPLAINT FILED REGARDING JOSEPH PANDY IF THE CITY ATTORNEY IS PRESENT AT THAT TIME ... MOTION CARRIED 7/0 SECRETARY'S REPORT. APPROVAL OF MINUTES: MOTION BY PUBLIC MEMBER KUIPER TO APPROVE THE MINUTES OF NOVEMBER 26, 1 995 AS SUBMITTED. MOTION CARRIED 7/0 CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: NONE INQUIRIES & COMPLAINTS RECEIVED SINCE LAST MEETING: COMPLAINT FILED ON 211 3/96 REQUESTING AN INVESTIGATION OF JOSEPH PANDY 1 BOARD MEMBERS DISCUSSED THEIR DESIRE THAT COMPLAINTS RECEIVED BY THE BOARD BE SENT TO THE CITY ATTORNEY FOR REVIEW PRIOR TO BEING TAKEN UP BY THE BOARD. SINCE THE CITY COUNCIL HAS NOT AS YET ADOPTED THE ETHICS ORDINANCE THE BOARD SENT IN DECEMBER OF 1 995, THE CHANGE IN COMPLAINT HANDLING THAT WAS INCLUDED CANNOT TAKE EFFECT. CITY ATTORNEY SMIERTKA STATED THAT THE BOARD MUST GO BY THE RULES OF THE OLD ETHICS ORDINANCE UNTIL SUCH TIME AS A NEW ORDINANCE IS PASSED OR PROCEDURES ADOPTED BY THE BOARD. HE FEELS THAT IT WOULD BE NORMAL TO INCLUDE IN THE RULES A PROVISION TO ASK THE CITY ATTORNEY TO REPORT BACK ON ANY COMPLAINT WITHIN 30 DAYS AND, AT THAT TIME, THE BOARD CAN DECIDE WHETHER OR NOT THEY WISH TO PURSUE AN INVESTIGATION. THE BOARD COULD ADOPT THIS AS AN INTERIM PROCEDURE FOR THE HANDLING OF COMPLAINTS UNTIL A NEW ETHICS ORDINANCE AND RULES OF PROCEDURE ARE ADOPTED. UNDER THE OPEN MEETINGS ACT, A PERSON BEING CHARGED HAS A RIGHT TO A CLOSED SESSION WHEN THE COMPLAINT AGAINST THEM IS BEING DISCUSSED BY THE BOARD. MOTION BY MEMBER KUIPER THAT THE BOARD ADOPT AS INTERIM OPERATIONAL RULES REGARDING THE HANDLING OF COMPLAINTS THE COMPLAINT HANDLING SECTION OF THE DRAFT ORDINANCE SENT TO CITY COUNCIL UNTIL THE BOARD RECEIVES A NEW ETHICS ORDINANCE. MOTION CARRIED 7/0 MOTION BY MEMBER KUIPER TO REFER FOR 30 DAYS THE COMPLAINT REGARDING MR. PANDY TO THE CITY ATTORNEY TO SEE IF, ON THESURFACE, .THE COMPLAINT COVERS ANYTHING THAT WOULD BE A VIOLATION OF THE ETHICS ORDINANCE. MOTION CARRIED 7/0 MR. PANDY ASKED THAT HE BE ALLOWED TO MAKE A STATEMENT. HE STATED THAT HE IS PRESENTING DOCUMENTATION WHICH SHOWS THAT HE HAS PROVIDED FULL DISCLOSURE TO THE BOARD OF COMMISSIONERS OF THE BOARD OF WATER &.LIGHT REGARDING ISSUES RAISED IN THE COMPLAINT FILED BY THE COMMITTEE ON WAYS & MEANS. :HE JUST WANTED TO LET THE BOARD KNOW THAT HE IS READY AND WILLING TO ANSWER ANY QUESTIONS THEY MAY HAVE AND THAT HE HOPES THIS MATTER IS HANDLED AS EXPEDITIOUSLY AS POSSIBLE. NEXT REGULAR MEETING DATE: APRIL 9, 1 996 CITY ATTORNEY'S REPORT CITY ATTORNEY SMIERTKA STATED THAT THE ETHICS ORDINANCE IS ON FOR DISCUSSION AT THE COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH I I TH. WITH REGARDS TO DUARTE V CITY OF LANSING HE HAS A HEARING BEFORE NUDGE HARRISON TOMORROW. HE EXPECTS THAT JUDGE HARRISON WILL ASK THAT THE PREVIOUS SETTLEMENT AGREEMENT BE 'ENFORCED. HE IS NOT EXPECTING THE MCKANE AND BLAIR CASES TO BE SCHEDULED UNTIL THE END OF THE SUMMER. CHAIR'S REPORT CHAIRMAN ISIOGU REPORTED THAT HE TRIED TO FIND OUT WHY IT IS TAKING SO LONG FOR THE ETHICS ORDINANCE TO BE ADOPTED AND IT APPEARS TO BE PRIMARILY DUE TO THE $40,000 AMOUNT THAT WAS STATED FOR FINANCIAL DISCLOSURE IN THE ORDINANCE. THE FEELING IS THAT THIS LIMIT SHOULD BE CHANGED AS IT WILL BE TOO DIFFICULT TO ADMINISTER. THE BOARD'S GOAL WAS ONLY TO BE FAIR AND TO PROVIDE FOR ADEQUATE DISCLOSURE; THE AMOUNT DOES NOT HAVE TO BE SET AT THIS LEVEL IF ANOTHER METHOD IS FAIR AND ADEQUATE. 2 MEMBER KUIPER STATED THAT HE TALKED TO ONE COUNCILMEMBER WHO FELT THAT THE ETHICS ORDINANCE SHOULD ONLY CONCERN ITSELF WITH FIDUCIARY OR FINANCIAL ITEMS. MEMBER KUIPER STATED THAT HE RESPONDED THAT HE FELT THAT THE PEOPLE OF LANSING EXPECT AN ETHICS ORDINANCE TO COVER MORE THAN THAT. MEMBER MEISSNER FEELS THAT ETHICAL BEHAVIOR SHOULDN'T ALWAYS BE TIED TO MONEY. PUBLIC COMMENT PAUL SCOTT STATED THAT HE FELT THE RULES FOR COMPLAINT HANDLING WOULD NOT APPLY IN THIS SITUATION SINCE THE REQUEST CAME FROM THE COUNCIL COMMITTEE ON WAYS & MEANS. REGARDLESS OF WHAT HAPPENS WITH MR. PANDY'HE HOPES THAT THIS MAKES THE BOARD OF WATER & LIGHT UNDERSTAND THAT THEY ARE SUBJECT TO THE PROVISIONS OF THE ETHICS BOARD. LLOYD TEETS STATED THAT HE FEELS THERE IS A LOT WRONG WITH THE ETHICS ORDINANCE AS WRITTEN BY THE ETHICS BOARD. HE ALSO STATED THAT HE FELT THE PUBLIC COMMENT SHOULD BE MOVED UP TO THE TOP OF THE AGENDA. WALTER JONES EXPRESSED HIS CONCERN THAT THE BOARD WAS NOT TAKING UP THE COMPLAINT AGAINST MR. PANDY SINCE IT WAS ANNOUNCED BY ALL THE MEDIA THAT IT WOULD BE DISCUSSED AT THIS MEETING ... >: OLD BUSINESS: I AFFIDAVIT OF DISCLOSURE; Kim KRANICH,,DBA PATCHES PLUS, INC. MR. KRANICH .:,HAS NOT CALLED THE CITY ATTORNEY TO SET UP A MEETING WITH HIM AS REQUESTED BY THE BOARD. THE BOARD ASKED THE CITY ATTORNEY TO WRITE A LETTER TO THE PURCHASING SUPERVISOR INFORMING HER THAT MR. KRANICH HAS NOT RESPONDED TO THE BOARD'S REQUEST FOR MORE INFORMATION. 2. CHANNEL 26 TELEVISED MEETINGS ;I THIS ISSUE WILL REMAIN PENDING UNTIL THE ENACTMENT OF AN ETHICS ORDINANCE. .:.. ..::... 3. REVISION TO THE AFFIDAVIT OF DISCLOSURE FORM " '" THIS REVISION CANNOT BE DONE UNTIL THE NEW ETHICS ORDINANCE IS RECEIVED. NEW BUSINESS THE BOARD AGREED TO CHANGE THE MEETING DATE FOR BOARD MEETINGS TO THE SECOND TUESDAY OF EVERY MONTH. THE BOARD ALSO AGREED TO,SKI,P THE MARCH MEETING AS THERE IS NOTHING ................. ON THE AGENDA UNTIL RECEIPT OF EITHER AN ETHICS ORDINANCE OR THE REPORT FROM THE CITY ATTORNEY REGARDING MR. PANDY. THE NEXT REGULAR BOARD MEETING WILL BE HELD ON APRIL 9, 1 996 AT 5:30 P.M. IN THE 9TH FLOOR CONFERENCE ROOM. THE BOARD ASKED THAT THE CITY ATTORNEY PREPARE A DRAFT OF NEW RULES OF PROCEDURE FOR REVIEW AT THE APRIL 9TH MEETING. MOTION BY MEMBER KUIPER THAT A LETTER BE SENT TO SANDRA BITONTI STEWART THANKING HER 3 FOR SERVING ON THE BOARD. MOTION CARRIED 7/0 ADJOURNMENT MOTION BY PUBLIC MEMBER MEISSNER TO ADJOURN MOTION CARRIED 7/0 MEETING ADJOURNED AT 6:55 P.M. RESPECTFULLY SUBMITTED, MARILYNN SLADE, RECORDING SECRETARY DATE APPROVED: APRIL 9, 1 996 3 4 CITY OF LANSING - BOARD .)F ETHICS REGULAR MEETING 1 Tuesday, January 23, 1996, 5:30-8:00 P.M. z 9th Floor Conference Room, City Hall AGENDA J CALL TO ORDER: 5:30 P.M. The Chair presiding ROLL CALL: [] O. Isiogu, Chairperson [] J. Meissner, Member [] D. Lehmann, Vice Chairperson [) J. Mertz, Member [] G. Johnson, Member [] S. Stewart, Member [) D. Kimball, Member [] E. Sullivan, Member [] D. Kuiper, Member [] J. Trezise, Member A Quorum is: [] Present [] Not Present [] Others Present: APPROVAL OF AGENDA: [] As Submitted [] With Changes Noted SECRETARY'S REPORT: [) Approval of Minutes of: [] 11/28/95 [] Correspondence Received And Sent Since Last Meeting 1. Letter of Resignation of Sandra Bitonti Stewart from the Ethics Board [] Inquiries &Complaints Received Since Last Meeting [] Next Regular Meeting Date: Febru ary 27 1996 CITY ATTORNEYS REPORT: [] Affidavits of Disclosure Filed CHAIR'S REPORT PUBLIC COMMENT OLD BUSINESS [] I. Kim Kranich, dba Patches Plus, Inc. [] 2. Ron Onufer, Channel 28 [] 3. Revision to Affidavit of Disclosure Form NEW BUSINESS [] I. Approval of Schedule for 1996 [] 2. Adoption of Rules of Procedure for the Board ADJOURNMENT RULES OF PROCEDURE BOARD OF ETHICS OF THE CITY OF LANSING 1. Regular meetings of the Board of Ethics shall be held at 5:30 p.m. on the second Tuesday of every month at the Chambers of the City Councilor at such other place as may be designated by the presiding officer of the Board of Ethics or by a majority of the voting members of the Board of Ethics. 2. Special meetings of the Board of Ethics may be called by the presiding officer of the Board of Ethics or any three voting members of the Board of Ethics. Notice of any such special meeting shall be provided to each member of the Board of Ethics by personally serving notice of the time, place and subject matter of such special meeting on each member or, alternatively, by leaving a written copy of the notice of the time, place and subject matter of the meeting at the private residence of such members at least twenty-four hours prior to the time of said meeting or by sending notice of the time, place and subject matter of such a meeting to each member of the Board of Ethics by first class mail, postage prepaid addressed to the home address of each such member with such mailing being made at least five days prior to the time of the meeting or, if the voting member so designates, by transmitting a facsimile to the number that the member provides of notice of the time, place and subject matter of such a meeting at least three days prior to the time of the meeting. The requirement of proper notice to a member of a special meeting shall be waived by the attendance of such a member at the special meeting. 3. Notice of the time and place of all meetings of the Board of Ethics shall be posted on the City Hall bulletin board on the first floor of City Hall. The schedule of the regular meetings shall be so posted within ten days after the first meeting in each calendar year. A change in the schedule of regular meetings shall be so posted within three days after the meeting at which the change is made and a rescheduled regular or a special meeting shall be so posted at least eighteen hours before the meeting. 4. All meetings shall be open to attendance by members of the public except where the Board enters executive session for a reason for which an executive session is permissible pursuant to the Open Meetings Act of the State of Michigan as it now exists and may be amended in the future. (PA 1976, No. 267, MCL 15.261 et sew.) 5. Any member of the public so desiring will be permitted to address the Board at any open meeting of the Board of Ethics subject to any time limit imposed by the board. 6. Any voting member of the Board of Ethics who fails to attend three consecutive meetings of the Board without being excused from attendance [by a vote of majority of the Board] may be removed from the Board of Ethics. Such removal may be effected by the majority vote of the remaining voting Board members of the Board of Ethics. Page 1 of 6 Pages 7.1 Voting Members of the board of ethics shall be residents of the city of lansing and shall hold no elective public office or other city office or employment. If, during a public member's term on the board such member is elected to public office or becomes a city officer or employee,said member shall immediately upon taking such office or employment be disqualified as a board of ethics member and said position shall be deemed vacant and subject to appointment pursuant to section 5-502.2 of the lansing city charter for the unexpired portion of that member's term. 7.2 If an issue before the board of ethics involves any member of the board, such member shall not participate in board deliberations pertaining to the member's issue and said member shall be ineligible to vote on any action concerning the issue. 7.3 All voting members of the board of ethics in attendance at a properly convened meeting of the board shall vote on all matters before the board unless recused from voting on a particular matter. 7.4 Except as provided in subsection 7.1 of these rules of procedure, a voting member of the board of ethics shall hold office until a member's successor is appointed, unless that member has resigned or been removed. 8. The officers of the Board of Ethics shall be a Chairperson,Vice Chairperson and Secretary. 8.1 The Chairperson shall preside over all meetings of the Board of Ethics and shall be selected annually for a term of one year from among the voting members of the Board of Ethics. The chairperson and vice chairperson shall be selected at the first regular meeting in july of each year by the affirmative vote of a majority of the VOTING members of the Board of Ethics. The chairperson or vice chairperson shall not serve more than two consecutive terms in each respective position. 8.2 The terms of office for the Chairperson and Vice Chairperson shall expire upon the date of June 30th of each year orthe election of a successor whichever shall later occur OR upon resignation or removal of that person from the Board of Ethics. 8.3 The Vice Chairperson shall preside and perform the duties of the Chairperson in the case of the absence of or inability of the Chairperson to perform his or her duties. If the chairperson is unable to complete the term of office, the vice chairperson shall assume the duties of the chair. Fulfilling the unexpired term of the chairperson or vice chairperson shall not be considered a term for purposes of computing two consecutive terms under subsection 8.1. Page 2 of 6 Pages 8.4 The recording Secretary of the Board of Ethics shall be the City Clerk who shall be responsible for preparing and keeping the minutes and records of the Board and for such other administrative support as may be needed from time to time. The city clerk shall be an ex officio member of the board. 8.5 The city attorney shall serve as legal advisor to the board of ethics and shall be an ex officio member of the board. 9. The minutes of the Board of Ethics shall be kept in the office of the City Clerk and shall be available for inspection by members of the public except for the minutes of Executive sessions which were closed pursuant to the Open Meetings act of the State of Michigan. All other records of the Board of Ethics shall be available for inspection and duplication by the public unless the release of such records to the public is prohibited by law or unless law permits such records to be withheld from the public and the Board of Ethics approves the withholding of such records. 10. A majority of the voting members seated on the board of ethics shall constitute a quorum for conducting business at a meeting of the board. 11. Any action of the Board of Ethics shall require the concurrence of the majority of the voting members serving on the Board at a duly constituted and convened meeting of the board. 12. The Board shall consider all requests for opinions at the meeting first following receipt of the request. 12.1 All requests for opinions shall be submitted in writing to the Lansing City Clerk. 12.2 Any member of the Board of Ethics receiving a request for an opinion shall immediately forward such request to the Lansing City Clerk. 12.3 Each request for an opinion shall be signed by the person making the request. 12.4 Upon receipt of a request for an opinion,the Lansing City Clerk shall forthwith forward a copy of such request to each member of the Board of Ethics. At the next meeting following receipt of a request for an opinion, the Board of Ethics shall determine whether or not it will render an opinion in response to the request therefor and whether the opinion will be formal or informal pursuant to the Lansing city charter and the lansing code of ordinances. Page 3 of 6 Pages 12.5 In the event the Board of Ethics elects to prepare an advisory opinion in response to a request, the City Attorney shall prior to the next meeting of the Board of Ethics after the decision to render the opinion is made, research all legal aspects of the opinion requested and prepare legal memorandum to all members of the Board setting forth the results of that research and making such recommendations as the City Attorney shall deem advisable. A copy of that memorandum shall be provided all members of the Board of Ethics and the City Attorney or his representative shall be present at said meeting to advise the Board. 12.6 No opinion shall be rendered by the Board of Ethics unless the substance and final text is concurred with at a duly constituted and convened meeting by a majority of the voting members seated on the Board. 12.7 Preliminary drafts and research memorandums prepared in connection with any request for an opinion shall not constitute the view or position of the Board of Ethics of the City of Lansing nor shall such memorandum or draft opinions be released to or made available for inspection by the public unless such inspection or release is approved by a majority of the voting members of the board of ethics at a duly constituted and convened meeting or unless such disclosure is ordered by a Court of law or administrative agency with competent jurisdiction to make such an order or unless the City Attorney of the City of Lansing advises in writing that the release or inspection of such papers is legally required-; provided, however,that once a formal opinion has been approved and released, all Memoranda and written recommendations by the City Attorney's Office shall be available for inspection. 12.8 The approval of an opinion of the Board of Ethics shall be by roll call vote which shall be recorded in the minutes of the Board. 13. All points of procedure not specifically covered in this document shall be determined by reference to Mason's Legislative Manual. 14. On a tie vote a motion is lost and no action of the Board has been taken. 15. Opinions of the Board shall be issued and dealt with in a manner least likely to reveal the identity of the person concerned. Upon receipt of an opinion request the City Clerk may, in his or her discretion, delete the name of the person involved, substituting therefor any other designation which is not likely to be confused with any other person. 16. At the first meeting of each calendar year, the Board of Ethics shall request the City Clerk to provide the Board with any documents required to be filed under ordinances adopted by the City of Lansing for the purpose of establishing standards of conduct for officers and employees. Upon receipt of such documents, the Board of Ethics Page 4 of 6 Pages shall review the same in a timely fashion and may take such action regarding said documents as it deems proper. 17. Nothing contained in these rules of procedure shall alter or amend the duties, functions and authority of the board of ethics as is prescribed in the Lansing city charter and the Lansing code of ordinances. 18. These rules of procedure may be amended by the board of ethics by a majority vote of the voting members serving on the board during any regular meeting, provided that all members were provided three days prior to said meeting with the full text of proposed amendment. Any amendment to these rules of procedure shall not take effect until approved by city council. c:\wp\data\boe\rules.d45/kmc Page 5 of 6 Pages SUBMITTED TO THE CITY COUNCIL ON 12/16/96: NO OBJECTIONS ENTERED DRAFT #6 : 12/10/96 C: \WP\DATA\BOE\RULE.D#6/KMC PROPOSED AMENDMENTS TO RULES OF PROCEDURE FOR THE BOARD OF ETHICS NOTE: Proposed new language is shown in BOLD CAPITAL LETTERS; THE MOST RECENT DRAFT REFLECTS THE PROPOSED NEW LANGUAGE IN BOLD SHADED PRINT. Proposed deletions are printed in . RULES OF PROCEDURE BOARD OF ETHICS OF THE CITY OF LANSING 1 . Regular meetings of the Board of Ethics shall be held at 5:30 5 .99 p.m. on the Feuth SECOND Tuesday of every month at the Chambers of the City Council or at such other place as may be designated by the presiding officer of the Board of Ethics or by a majority of the VOTING nL members of the Board of Ethics . 2 . Special meetings of the Board of Ethics may be called by the presiding officer of the Board of Ethics or any twe THREE VOTING PuBj"i members of the Board of Ethics . Notice of any such special meeting shall be provided to each member of the Board of Ethics by personally serving notice of the time, place and subject matter of such special meeting on each member or, a4ternatively, by leaving a written copy of the notice of the time, place and subject matter of the meeting at the private residence of such members at least twenty-four hours prior to the time of said meeting or by sending notice of the time, place and subject matter of such a meeting to each member of the Board of Ethics by first class mail , postage prepaid addressed to the home address of each such member with such mailing being made at least five days prior to the time of the meeting OR, IF THE VOTING PUBLIG MEMBER SO DESIGNATES, BY TRANSMITTING A FACSIMILE TO THE NUMBER THAT THE MEMBER PROVIDES OF NOTICE OF THE TIME, PLACE AND SUBJECT MATTER OF SUCH A MEETING AT LEAST THREE DAYS PRIOR TO THE TIME OF THE MEETING. The requirement of proper notice to a member of a special meeting shall be waived by the attendance of such a member at the special meeting. 3 . Notice of the time and place of all meetings of the Board of Ethics shall be posted on the City Hall bulletin board on Page 1 of 6 Pages DRAFT ##6 : 12/10/96 C : \WP\DATA\BOE\RULE.D##6/KMC the first floor of City Hall . THE SCHEDULE OF THE REGULAR MEETINGS SHALL BE SO POSTED WITHIN TEN DAYS AFTER THE FIRST MEETING IN EACH CALENDAR YEAR. A CHANGE IN THE SCHEDULE OF REGULAR MEETINGS SHALL BE SO POSTED WITHIN THREE DAYS AFTER THE MEETING AT WHICH THE CHANGE IS MADE AND A RESCHEDULED REGULAR OR A SPECIAL MEETING SHALL BE SO POSTED at least eighteen hours pries=o en BEFORE THE meeting. 4 . All meetings shall be open to attendance by members of the public except where the Board enters executive session for a reason for which an executive session is permissible pursuant to the Open Meetings Act of the State of Michigan as it now exists and may be amended in the future. (PA 1976 , No. 267, MCL 15 . 261 et sea. ) 5 . Any member of the public so desiring will be permitted a ehanee to address the Board at any open meeting of the Board of Ethics SUBJECT TO ANY TIME LIMIT IMPOSED BY THE BOARD. €ar at least three 6 . Any publie VOTING member of the Board of Ethics who fails to attend three consecutive meetings of the Board without being excused from attendance [by a vote of majority of the Board] may be removed from the Board of Ethics . Such removal may be effected by THE majority vote of the REMAINING VOTING Board members of the Board of Ethics . plus the c ^",.renee of a majority of � may, avu �aac� waa�uzTL��.�� me" eve ofLansing City Gouneil i- such—itici'�"ioyal, 7 . 1 VOTING MEMBERS OF THE BOARD OF ETHICS SHALL BE RESIDENTS OF THE CITY OF LANSING AND SHALL HOLD NO ELECTIVE PUBLIC OFFICE OR OTHER CITY OFFICE OR EMPLOYMENT. IF, DURING A PUBLIC MEMBER' S TERM ON THE BOARD SUCH MEMBER IS ELECTED TO PUBLIC OFFICE OR BECOMES A CITY OFFICER OR EMPLOYEE, SAID MEMBER SHALL IMMEDIATELY UPON TAKING SUCH OFFICE OR EMPLOYMENT BE DISQUALIFIED AS A BOARD OF ETHICS MEMBER AND SAID POSITION SHALL BE DEEMED VACANT AND SUBJECT TO APPOINTMENT PURSUANT TO SECTION 5 -502 . 2 OF THE LANSING CITY CHARTER FOR THE UNEXPIRED PORTION OF THAT MEMBER' S TERM. 7 . 2 IF AN ISSUE BEFORE THE BOARD OF ETHICS INVOLVES ANY MEMBER OF THE BOARD, SUCH MEMBER SHALL NOT PARTICIPATE IN BOARD DELIBERATIONS PERTAINING TO THE MEMBER' S ISSUE AND SAID MEMBER SHALL BE INELIGIBLE TO VOTE ON ANY ACTION CONCERNING THE ISSUE . 7 . 3 ALL VOTING MEMBERS OF THE BOARD OF ETHICS IN ATTENDANCE. AT A PROPERLY CONVENED MEETING OF THE BOARD SHALL VOTE Page 2 of 6 Pages DRAFT ##6 : 12/10/96 c : \WP\DATA\BOE\RULE.D#6/KMC ON ALL MATTERS BEFORE THE BOARD UNLESS RECUSED FROM VOTING ON A PARTICULAR MATTER. 7 . 4 EXCEPT AS PROVIDED IN SUBSECTION 7 . 1 OF THESE RULES OF PROCEDURE, A VOTING MEMBER OF THE BOARD OF ETHICS SHALL HOLD OFFICE UNTIL A MEMBER' S SUCCESSOR IS APPOINTED, UNLESS THAT MEMBER HAS RESIGNED OR BEEN REMOVED. 4 8 . The officers of the Board of Ethics shall be a Chairperson, Vice Chairperson and Secretary. 8 . 1 The Chairperson shall preside over all meetings of the Board of Ethics and shall be selected annually for a term of one year from among the publie VOTING members of the Board of Ethics . THE CHAIRPERSON AND VICE CHAIRPERSON SHALL BE SELECTED AT THE FIRST REGULAR MEETING IN JULY OF EACH YEAR BY T-the affirmative vote of a majority of the VOTING members of the Board of Ethics shall be—required to seleet a Ghairperse.n. THE CHAIRPERSON OR VICE CHAIRPERSON SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS IN EACH RESPECTIVE POSITION. 8 . 2 The terms of office for the Chairperson and Vice Chairperson shall expire upon the date of June 30th of each year or the election of a successor whichever shall later occur OR upon resignation or removal of that person from the Board of Ethics . 8 . 3 The Vice Chairperson shall preside and perform the duties of the Chairperson in the case of the absence of or inability of the Chairperson to perform his or her duties . IF THE CHAIRPERSON IS UNABLE TO COMPLETE THE TERM OF OFFICE, THE VICE CHAIRPERSON SHALL ASSUME THE DUTIES OF THE CHAIR. FULFILLING THE UNEXPIRED TERM OF THE CHAIRPERSON OR VICE CHAIRPERSON SHALL NOT BE CONSIDERED A TERM FOR PURPOSES OF COMPUTING TWO CONSECUTIVE TERMS UNDER SUBSECTION 8 . 1 . -7:9- 8 . 4 The RECORDING Secretary of the Board of Ethics shall be the City Clerk aia4 WHO shall be responsible for preparing and keeping the minutes and records of the Board AND FOR SUCH OTHER ADMINISTRATIVE SUPPORT AS MAY BE NEEDED FROM TIME TO TIME. THE CITY CLERK SHALL BE AN EX OFFICIO MEMBER OF THE BOARD. 8 . 5 THE CITY ATTORNEY SHALL SERVE AS LEGAL ADVISOR TO TFiE BOARD OF ETHICS AND SHALL BE AN EX OFFICIO MEMBER OF THE BOARD. $— 9 . The minutes of the Board of Ethics shall be kept in the office of the City Clerk and shall be available for Page 3 of 6 Pages DRAFT #6 : 12/10/96 C : \WP\DATA\BOE\RULE.D#6/KMC inspection by members of the public except for the minutes of Executive sessions which were closed pursuant to the Open Meetings act of the State of Michigan. All other records of the Board of Ethics shall be available for inspection and duplication by the public unless the release of such records to the public is prohibited by law or unless law permits such records to be withheld from the public and the Board of Ethics approves the withholding of such records . the Gity Attei=ney and-G ty Gl e:k of the Cl tb of F,anslily--and-thr ee pub ie-ineffthers whe-shall 9e appeinted b'yz-the -Lansing G; t,, Ge e; i as -per d-ed by the--Lansing Gi t y r ter -ems thre e e a rd o f Et him—f e�ur pe s f _ eendideting business shall , 10 . A MAJORITY OF THE VOTING MEMBERS SEATED ON THE BOARD OF ETHICS SHALL CONSTITUTE A QUORUM FOR CONDUCTING BUSINESS AT A MEETING OF THE BOARD. 11 . Any action of the Board of Ethics shall require the concurrence of wee THE MAJORITY OF THE VOTING members - SHATH9 SERVING ON e-€ the Board at a ply DULY CONSTITUTED AND convened meeting of the Board. 12 . The Board shall consider all requests for a�=sery- opinions at the meeting first following receipt of the request . 12 . 1 All requests for a-viser-y opinions shall be submitted in writing to the Lansing City Clerk. 12 . 2 Any ethef member of the Board of Ethics receiving a request for an s-e-r-y opinion shall immediately forward such request to the Lansing City Clerk. 12 . 3 Each request for an advisery opinion shall be signed by the person making the request . 12 . 4 Upon receipt of a request for and opinion, the Lansing City Clerk shall forthwith forward a copy of such request to each member of the Board of Ethics . At the next meeting following receipt of a request for an advisery opinion, the Board of Ethics shall determine whether or not it will render an a-dvisefy opinion in response to the request therefor AND WHETHER THE OPINION WILL BE FORMAL OR INFORMAL PURSUANT TO THE LANSING CITY CHARTER AND THE LANSING CODE OF ORDINANCES. Page 4 of 6 Pages DRAFT #6 : 12/10/96 c : \WP\DATA\BOE\RULE.D#6/KMC 12 . 5 In the event the Board of Ethics elects to prepare an advisory opinion in response to a request, the City Attorney shall prior to the next meeting of the Board of Ethics after the decision to render the opinion is made, research all legal aspects of the opinion requested and prepare a-n ��ry LEGAL memorandum to all members of the Board setting forth the results of that research and making such recommendations as the City Attorney shall deem advisable. A copy of that memorandum shall be provided all members of the Board of Ethics and the City Attorney or his representative shall be present at said meeting to advise the Board. 12 . 6 Noll, opinion shall be rendered by the Board of Ethics unless the substance and final text is concurred 47ft WITH AT A DULY CONSTITUTED AND CONVENED MEETING by at least th ee A MAJORITY OF THE VOTING members SEATED ON THE BOARD. of the-Bee�d ef Mies-. 12 . 7 Preliminary drafts and research memorandums prepared in connection with any request for an advisery opinion shall not constitute the view or position of the Board of Ethics of the City of Lansing nor shall such memorandum or draft opinions be released to or made available for inspection by the public unless such inspection or release is approved by wee A MAJORITY OF THE VOTING members of the Board of Ethics at a duly CONSTITUTED AND convened meeting or unless such disclosure is ordered by a Court of law or administrative agency with competent jurisdiction to make such an order or unless the City Attorney of the City of Lansing advises in writing that the release or inspection of such papers is legally required—; Pprovided, however, that once a final FORMAL opinion has been approved and released, all ffieffierandums MEMORANDA and written recommendations by the City Attorney' s Office shall be available for inspection. 12 . 8 The approval of an advisery opinion of the Board of Ethics shall be by roll call vote which shall be recorded in the minutes of the Board. 13 . All points of procedure not specifically covered in this document shall be determined by reference to Mason' s Legislative Manual . 14 . On a tie vote a motion is lost and no action of the Board has been taken. 1:3 . �7e-� Opinions of the Board shall be issued and dealt with in a manner least likely to reveal the identity of the Page 5 of 6 Pages DRAFT #6 : 12/10/96 C: \WP\DATA\BOE\RULE.D#6/KMC person concerned. Upon receipt of an opinion request the City Clerk may, in his or her discretion, delete the name of the person involved, substituting therefor any other designation which is not likely to be confused with any other person. 16 . At the first meeting of each calendar year, the Board of Ethics shall request the City Clerk to provide the Board with any documents required to be filed under ordinances adopted by the City of Lansing for the purpose of establishing standards of conduct for officers and employees . Upon receipt of such documents, the Board of Ethics shall review the same in a timely fashion and may take such action regarding said documents as it deems proper. 17 . NOTHING CONTAINED IN THESE RULES OF PROCEDURE SHALL ALTER OR AMEND THE DUTIES, FUNCTIONS AND AUTHORITY OF THE BOARD OF ETHICS AS IS PRESCRIBED IN THE LANSING CITY CHARTER AND THE LANSING CODE OF ORDINANCES . 18 . THESE RULES OF PROCEDURE MAY BE AMENDED BY THE BOARD OF ETHICS BY A MAJORITY VOTE OF THE VOTING MEMBERS SEATED SERVING ON THE BOARD DURING ANY REGULAR MEETING, PROVIDED THAT ALL MEMBERS WERE PROVIDED THREE DAYS PRIOR TO SAID MEETING WITH THE FULL TEXT OF PROPOSED AMENDMENT. ANY AMENDMENT TO THESE RULES OF PROCEDURE SHALL NOT TAKE EFFECT UNTIL APPROVED BY CITY COUNCIL. :,,wL;%ILII. ',b01!,r,j111;;.•,V' ikrw: Page 6 of 6 Pages "pril 23 1gar ' 11 -22-93PO4 : 01 Fc ; RULES OF PROCEDURE OARD OF ETHICS OF THE CITY OF LANS1NG 1. Regular mee+ �i ' 00 p ngs of the Board of Ethics shall be hel : . m• on the fourth Monday of � at Of the City Council or at every month at the Chambers such other place as may be desi the presiding officer of Board the of Ethics gnated by ' r • the members of °r by a ma the Ethics . Board of jo-ity of 2 • Special meetings of the Board of Ethics may be called by - the pr-esiding officer of the Board of Ethics or an or the board of Ethics . Notice of y two members f prod d e d any such special meeting shall be to each memo - member o� the Board nc�'* ice of the time, °f Ethics by personally serving Place and subject matter of such special on each member °r. alternatively, meeting notice of y, by leaving a written copy of the Glace private residence of and subject matter of the meeting at o such members the at least twenty to the time of Y four hours r;said meetingprior °r by sending ace and subject matter of such a meeting no ��ce of the time pi Ethics by =; ,- L to each member J � °= Boar class mail ,, Post `he d o� Postage Prepaid addressed aacre`s of each such member with such mailing `o the home .L-ve dais ,-; bei n p`-Or to the time 9 mace at least Of the meeting. The requirement of Proper notice to a member of a s the attendances Pecial meet' ng shall be waived by of such member at .the special L 3 . Notice Or mee��nc. the time Of Ethics shall be posted and place of all meetings of the Board on ` he C1ty Hall ii first floor of bulletin board City Hall °n the n at least eighteen hours r; - meet; wee g' Prior each 4 - all meet ' inns shall be the Open to attendance by member public except where s of the Board enters executive session for for which an e`:ecutiv for a e sessi %`� V , 11 _ . . , .�erm�ss i b1e ` Open Meetings Act of the State of Michigan as it now exists and may be amended in the future. (PA 1976 , No. 267 , MCLA 15 . 261 et se(:T . ) 5 . Any member of the public so desiring will be permitted --a a chance to address the Board of Ethics at any open meeting of -the Board of Ethics for at least three minutes . 6 . Any public member of the Board of Ethics who fails to attend three consecutive meetings of the Board without being excused from attendance by a vote of majority of the Board may be removed from the Board of Ethics . Such removal may be affected by a majority vote of the Board members of the Board of Ethics plus the concurrence of a majority of the members of the Lansing City Council in such removal. 7 . The officers of the Board of Ethics shall be a Chairperson, Vice Chairperson and Secretary. 7 . 1. The Chairperson shall preside over all meetings of the Board of Ethics and shall be selected annually for a term of one year from among the public members of the Board of Ethics . The affirmative vote of a majority of the members of the Board of Ethics shall be required to select a Chairperson. 7 . 2 . The terms of office for the Chairperson and Vice Chairperson shall expire upon resignation or removal of that person from the Board of Ethics or upon the date of June 30th of each year or the election of a successor whichever shall later occur. 7 . 3. The Vice Chairperson shall preside and. perform the duties of the Chairperson in the case of the absence of or inability of the Chairperson to perform his or her duties . 7 . 4 . The Secretary of the Board of Ethics shall be the City Cleric and shall be responsible for preparing and keeping the minutes and records of the Board. J� r'.. 7- . . Y� l i 8 . The minutes of the Board of Ethics shall be kept in the office of the City Clerk and shall be available for inspection by members of the public except for the minutes of Executive sessions which were closed pursuant to the open Meetings Act of the State of Michigan. All other records of the Board of Ethics shall be available for inspection and duplication by the public unless the release of such records to the public is prohibited by law or unless law permits such records to be withheld from the public and the Board of Ethics approves the withholding of such records . 9 . Membership of the Board of Ethics shall consist of the i City Attorney and City Clerk of the City of Lansing and three public members who shall be appointed by the Lansing City Council as provides i by the Lansing City Charter . i 10. A quorum of the Board of Ethics for the purpose of conduc.tinc business shall be three members of the Board. ^ 11. Any action of the Board of Ethics shall require the concurr�i of three members of the Board at a properly convened meeting of the Board. 12 . The Board shall consider all requests for advisory opinions at the meeting first following receipt of the request. 12 . 1. All requests for advisory opinions shall be submitted in writing to the Lansing City Clerk. j 12 . 2. Any other member of the Board of Ethics receiving i a request for an advisory opinion shall immediately forward such request to the Lansing City Clerk. 12 . 3 . Each request for an advisory opinion shall be signed by the person making the request. i � 12 . 4 . Upon receipt of a request for an advisory opinion , i the Lansing City Clerk shall forthwith forward a copy of such recues� to each memb=r of the Board of Ethics . At the ne::t meeting following receipt of a request for an advisory opinion, the Board of Ethics shall determine whether or not it will render an advisory opinion in response to the request therefor. 12 . 5 . In the event the Board of Ethics elects to prepare an advisory opinion in response to a request, the City Attorney shall prior to the next meeting of the Board of Ethics after the decision to render the opinion is made , research all legal aspects of the .opinion requested and prepare an advisory memorandum to all members of the Board setting forth the results of that research and making such recommendations as the City Attorney shall deem advisable. A copy of that memorandum shall be provided all members of the Board of Ethics prior to or at the time of the next meeting of the Board of Ethics and the City Attorney or his representative shall be present at said meeting to advise the Board . \ 12 . 6 . No advisory opinion shall be rendered by the Board of Ethics unless the substance and final text of said opinion. is concurred in by at least three members of the Board of Ethics . 12 . 7 . Preliminary drafts and research memorandums prepared in connection with any request for an advisory opinion shall not constitute the view or position of the Board of Ethics of the City of Lansing nor shall such memorandum or draft opinions be released to or made available for inspection by the public unless such inspection or release is approved by three members of the Board of Ethics at a duly convened meeting or unless such disclosure is ordered by a Court of law or administrative agency with competent jurisdiction to make such an order or unless the City Attorney of the City of Lansing advises in writing that the release or inspection of such papers is lecally required. Provided, however , that once final cpinion has been approved and released , all memorandums and written recommendations by the City Attorney 's office shall be available for inspection. 12 . 8 • The approval of an advisory opinion of the Board of Ethics shall be by roll call vote which shall be recorded in the minutes of the Board. 13. All points of procedure not specifically covered in this document shall be determined by reference to Masons Legislative Manual. 14 . On a tie vote a motion is lost and no action of the Boar d has been taken. 15 . Advisory opinions of the Board shall be issued and dealt with in a, manner least likely to reveal the identity of the person concerned. Upon receipt of an opinion request the City Clerk may, in his or her discretion, delete the name of the person involved substituting therefor any other designation , which is not likely to be confused with any other person. 16 . At the first meeting of each calendar year, the Board of Ethics shall request the City Clerk to provide the Board with any documents required to be filed under ordinances adopted by the City of Lansing for the purpose of establishing standards of conduct for Officers and employees . Upon receipt of such documents , the Board of Ethics shall review the same in a timely fashion and may take such action regarding said documents as it deems proper . 7)