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HomeMy WebLinkAbout1999 Ethics Minutes -All (D t3r (D �' n r• o m a 0 a � o rr( 0)D (D w a R n n r Ul to LQ rn w N £ � w C7 z d (n (T� C-4 4 C.-4 b n lam] n < 0o a n `n � w 3 r tY car (D � n (D N b 1 w r io H V] n n (D H W > < n o r F., m bd N r 10 io I� �o r r to a g r - ko to r r �o �o ko io 'o r rr ko io w C k° �:r 0, hj 3 io kD (� rs (D cD t1i O (D y n d t 1 R F-j ID a °a ' (' N. a �7 ( r,, 0 GZ] n r r (� °o w G lr� n �` ro. e o (D (D � N F (D a bo (D G a31� lll�JNISJlYI ww t) o� (D a n o K a o � m m m m � m bd � O � d m � m zm � m m d r d m O d � o m d MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING FEBRUARY 9, 1999 - 5:30 P.M. TENTH FLOOR CONFERENCE ROOM, LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT 5:35 P.M. IN THE TENTH FLOOR COUNCIL CHAMBERS, CITY HALL, LANSING, MICHIGAN. BOARD MEMBERS PRESENT: DAVID KIMBALL, VICE CHAIRMAN CALVIN C. ANDERSON, PHD, PUBLIC MEMBER ROBERT HOLE, PUBLIC MEMBER ELLEN SULLIVAN, PUBLIC MEMBER (ARR. 5:40 PM) NAMES WALLINE, PUBLIC MEMBER DR. GEORGIA JOHNSON, PUBLIC MEMBER DAVID LEHMANN, PUBLIC MEMBER ABSENT DR. DONALD KUIPER, M. D. (EXCUSED) A QUORUM WAS PRESENT OTHERS PRESENT: WENDEL HALL, DEPUTY CITY ATTORNEY MARILYNN SLADE, CITY CLERK PUBLIC COMMENT: NONE APPROVAL OF AGENDA: MOTION BY ROBERT HOLE TO APPROVE THE AGENDA AS AMENDED TO ADD A RECONSIDERATION OF THE MOTION FROM THE 1 2/8/98 MEETING REGARDING DARIO MEDRANO UNDER OLD BUSINESS. MOTION CARRIED 6/0 (E. SULLIVAN NOT PRESENT FOR THIS VOTE) APPROVAL OF MINUTES: December 8, 1998: MOTION BY GEORGIA JOHNSON TO APPROVE THE MINUTES AS SUBMITTED. MOTION CARRIED 6/0 (E. SULLIVAN NOT PRESENT FOR THIS VOTE) CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: SECRETARY SLADE REVIEWED THE CORRESPONDENCE RECEIVED AND SENT. CITY ATTORNEY'S REPORT: DEPUTY CITY ATTORNEY HALL HAD NO REPORT. (E. SULLIVAN ARRIVED AT 5:40 P.M.) CHAIR'S REPORT: VICE CHAIRPERSON KIMBALL HAD NO REPORT. 1 MINUTES: BOARD OF ETHICS MEE;. 3 FEBRUARY 9, 1999 PG. 2 OLD BUSINESS ROBERT HOLE MOVED FOR A RECONSIDERATION OF THE MOTION MADE AT THE 1 2/8/98 MEETING REGARDING THE Los DARIOS CLUB DE BOXED. MOTION FAILED 6/1 WITH DAVID LEHMANN ABSTAINING AS HE WAS NOT PRESENT AT THE 1 2/8/98 MEETING. NEW BUSINESS BOARD MEMBERS REVIEWED THE AFFIDAVIT OF DISCLOSURE FILED BY REPONZA REGINA DENNING. THEY ASKED DEPUTY CITY ATTORNEY HALL TO REVIEW THIS DISCLOSURE TO SEE IF ANYTHING IN IT IS WITHIN THE PURVIEW OF THE BOARD OF ETHICS. THEY ALSO ASKED HIM TO CHECK TO SEE IF THIS INDIVIDUAL IS RECEIVING OVERTIME FOR THE WORK DESCRIBED IN THIS DISCLOSURE. THEY ASKED DEPUTY CITY ATTORNEY HALL TO REPORT BACK ON THIS DISCLOSURE ATTHE MARCH BOARD MEETING. BOARD ROUND TABLE THIS IS THE FINAL BOARD MEETING FOR MEMBER GEORGIA JOHNSON WHO HAS SERVED ON THE BOARD FOR FOUR YEARS. MOTION BY ELLEN SULLIVAN TO THANK GEORGIA JOHNSON FOR HER YEARS OF SERVICE WITH THE BOARD OF ETHICS, SERVING THROUGH SOME CHALLENGING TIMES, MOTION CARRIED 7/0 ADJOURNMENT MEETING ADJOURNED AT 6:05 P.M. RESPECTFULLY SUBMITTED, MARILYNN SLADE RECORDING SECRETARY DATE APPROVED:_ 411 3/99 2 CITY OF LANSING BOARD OF ETHICS THE REGULAR MEETING OF THE BOARD OF ETHICS SCHEDULED FOR TUESDAY, MARCH 9, 1999 AT 5:30 P.M. HAS BEEN CANCELED DUE TO A LACK OF QUORUM. Marilynn Slade Secretary to the Board MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING APRIL 13. 1999 - 5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT 5:30 P.M. IN THE TENTH FLOOR COUNCIL CONFERENCE ROOM, CITY HALL, LANSING, MICHIGAN. BOARD MEMBERS PRESENT: DR. DONALD KUIPER, CHAIRMAN DAVID KIMBALL, VICE-CHAIR CALVIN ANDERSON, PUBLIC MEMBER ROBERT HOLE, PUBLIC MEMBER ELLEN N. SULLIVAN, PUBLIC MEMBER JAMES M. WALLINE, PUBLIC MEMBER ABSENT• A QUORUM WAS PRESENT OTHERS PRESENT: MARGO VROMAN, ASSISTANT CITY ATTORNEY DEBORAH K. MINER, RECORDING SECRETARY APPROVAL OF AGENDA: MOTION BY PUBLIC MEMBER NOLE TO AMEND THE AGENDA BY ADDING; ( I ) A DISCUSSION REGARDING PARKING FOR BOARD MEMBERS, AND (2) THE STATUS OF ON STREET PARKING AT PARKING METERS, AND TO APPROVE THE AGENDA AS AMENDED MOTION CARRIED 6/0 CITY ATTORNEY'S REPORT: MARGO VROMAN, ASSISTANT CITY ATTORNEY, PRESENTED A REPORT FROM THE CITY ATTORNEY REGARDING THE AFFIDAVIT OF DISCLOSURE FILED BY REPONZA REGINA DENNING QUESTIONING WHETHER SHE MAY CONTRACT WITH THE LANSING POLICE DEPARTMENT INTERNAL AFFAIRS UNIT FOR TRANSCRIPTION SERVICES. THE CITY ATTORNEYS ANALYSIS OF THIS SITUATION DETERMINED THAT MS. DENNING MAY NOT CONTRACT WITH THE IAU, BECAUSE IT WOULD VIOLATE MCL 1 5-328 SEC. 8 OF STATE STATUTE. THE CONCLUSION PORTION OF THE ATTORNEYS REPORT STATES: `SINCE MS. DENNING MEETS THE DEFINITION OF A PUBLIC SERVANT AND WORKS OVER 25 HOURS PER WEEK, MCL 1 5.322( 1 ) [SEC.21 PROHIBITS HER FROM ENTERING INTO A CONTRACT WITH THE CITY FOR TRANSCRIPTION SERVICES. SECRETARY'S REPORT: APPROVAL OF MINUTES OF FEBRUARY 1 9, 1 999: MOTION BY MEMBER NOLE TO APPROVE THE MINUTES OF FEBRUARY 1 9, 1 999, AS SUBMITTED. MOTION CARRIED 6/0 CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: RECORDING SECRETARY MINER REVIEWED THE CORRESPONDENCE RECEIVED AND SENT. 1 M/NLlrES: BOARD OF ETHICS MEETING APR/L /3, /999 PG. 2 NEXT REGULAR MEETING DATE: MAY 1 1 , 1 999 PUBLIC MEMBER SULLIVAN STATED THAT SHE WILL BE OUT OF TOWN FOR THE MAY 1 999, MEETING AND ASKED THAT SHE BE EXCUSED. CHAIRMAN KUIPER SAID THAT HE WILL NOT BE IN ATTENDANCE AT THE MAY 1 999, MEETING, EITHER, AND ASKED THAT HE BE EXCUSED, AS WELL. HE ASKED THAT THE CITY CLERK SEND HIM A COPY OF THE AGENDA ONE WEEK PRIOR TO THE MEETING SO THAT HE CAN DETERMINE WHETHER OR NOT TO CANCEL THE MEETING. CHAIR'S REPORT: CHAIRMAN KUIPER EXPRESSED HIS PLEASURE AT BEING BACK. HE ASKED THAT THE SECRETARY CLARIFY THE ARRANGEMENTS MADE FOR PARKING BY BOARD MEMBERS. HE HAS BEEN GIVEN TO UNDERSTAND THAT THEY CANNOT PARK IN THE CITY PARKING RAMPS DURING LUGNUT BASEBALL GAMES. THE BOARD NEEDS TO KNOW WHERE THEY MAY/MAY NOT PARK, ESPECIALLY WITH TWO NEW MEMBERS COMING ON BOARD. CHAIRMAN KUIPER ASKED THE SECRETARY TO DRAFT A LETTER OF THANKS TO FORMER BOARD MEMBERS JOHNSON AND LEHMANN, THANKING THEM FOR THEIR SERVICE ON THE BOARD, TO BE SIGNED BY ALL OF THE REMAINING MEMBERS. THE BOARD LIKES THE IDEA OF HAVING RESOLUTIONS OF TRIBUTE ADOPTED BY CITY COUNCIL THANKING THE TWO FORMER MEMBERS FOR THEIR SERVICE. OLD BUSINESS: I . AFFIDAVIT OF DISCLOSURE FILED BY REPONZA REGINA DENNING; MOTION BY PUBLIC MEMBER SULLIVAN THAT THE BOARD DETERMINES THIS REQUEST TO BE A CONFLICT WHICH IS VERIFIED BY THE CITY ATTORNEYS OFFICE. AND, THAT THE SECRETARY INFORM MS. DENNING OF SAID DECISION, AND FORWARD A COPY OF THE CITY ATTORNEYS REPORT TO HER. THE SECRETARY SHOULD INFORM MS. DENNING "THAT THE BOARD REVIEWED THE AFFIDAVIT OF DISCLOSURE AND BASED ON THE REVIEW OF INFORMATION PROVIDED BY THE CITY ATTORNEYS OFFICE, WHICH INDICATES THAT THE REQUEST IS COVERED BY STATE STATUTE WHICH PROHIBITS SUCH CONTRACTUAL WORK, THE BOARD ASSUMES THAT THE AFFIDAVIT WILL BE WITHDRAWN." MOTION CARRIED 6/0 NEW BUSINESS I . AFFIDAVIT OF DISCLOSURE FILED BY MARYELLEN JANSEN, SENIOR BUYER; MOTION BY MEMBER ANDERSON THAT THE SECRETARY SEND A LETTER TO MRS. JANSEN STATING THAT THE BOARD HAS REVIEWED HER AFFIDAVIT OF DISCLOSURE, AND RESPONDS BY STATING THAT "THE BOARD OF ETHICS RECOMMENDS THAT SHE RECUSE HERSELF FROM ANY REVIEW OF, OR DISCUSSION WITH HER COLLEAGUES OF BIDS FROM HER HUSBANDS FIRM. AND FURTHER, THAT HER AFFIDAVIT OF DISCLOSURE WILL BE RECEIVED AND PLACED ON FILE WITH THIS UNDERSTANDING NOTED." 2. AFFIDAVIT OF DISCLOSURE FILED BY KEVIN PEABODY, MECHANICAL INSPECTOR WITH THE BUILDING SAFETY DIVISION OF THE PLANNING AND NEIGHBORHOOD DEVELOPMENT DEPARTMENT: THE CHAIR ASKED THE CITY CLERK TO PREPARE A SUMMARY OF AFFIDAVITS FILED BY MR. PEABODY, TO BE REVIEWED AT THE NEXT BOARD MEETING. THE BOARD ALSO ASKS FOR CLARIFICATION FROM MR. PEABODY, 2 MINUTES: BOARD OF ETHICS MEETING APRIL 13, 1999 PG. 3 AS TO WHAT SPECIFICALLY, HIS DUTIES ON THE EATON COUNTY BOARD OF APPEALS WOULD BE. 3. AFFIDAVITS OF DISCLOSURE FILED BY SMIERTKA, HALL, IDE, RUBLEY, SWANSON, GRAVES, BOMMARITO: MOTION BY PUBLIC MEMBER KIMBALL, THAT THE AFFIDAVITS BE RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION TAKEN, OR REQUIRED, AND THAT THE SECRETARY SEND A LETTER TO THESE EMPLOYEES INFORMING THEM THAT "THE BOARD APPRECIATES THE PREEMPTIVE ACTION TAKEN BY THE EMPLOYEE IN FILING THESE VERY CAREFUL AFFIDAVITS. AT THIS TIME THE BOARD DOES NOT SEE ANY INDICATION OF A CONFLICT OF INTEREST INVOLVED IN WHAT YOU ARE DOING, BUT WILL RECEIVE THESE STATEMENTS AND PLACE THEM ON FILE WITH SAID DETERMINATION NOTED. MOTION CARRIED 6/0 4. LETTER OF RESIGNATION FROM ETHICS BOARD MEMBER DAVID LEHMANN: MOTION BY PUBLIC MEMBER SULLIVAN THAT THE BOARD GO ON RECORD AS THANKING DAVID LEHMANN AND GEORGIA JOHNSON FOR THEIR SERVICE TO THE BOARD OF ETHICS, AND THAT THIS RESOLUTION OF THANKS BE SPREAD ACROSS THE MINUTES. MOTION CARRIED 6/0 PUBLIC MEMBER KIMBALL ASKED TO BE EXCUSED AND LEFT THIS MEETING OF THE BOARD OF ETHICS AT 6:25 P.M. ADJOURNMENT MOTION BY PUBLIC MEMBER JOHNSON TO ADJOURN. MOTION CARRIED 5/0 MEETING ADJOURNED AT 7:35 P.M. RESPECTFULLY SUBMITTED, DEBORAH K. MINER, RECORDING SECRETARY a�, q DATE APPROVED: - 3 NOTES FROM APRIL 1 3, 1 999, BOARD OF ETHICS MEETING PRESENT: KUYPER;; HOLE, SULLIVAN, KIMBALL, WALLINE, ANDERSON ABSENT: NONE MOTION BY'MEMBER HOLE TO AMEND THE AGENDA BY ADDING; ( I ) A DISCUSSION REGARDING PARKING FOR ETHICS BOARD MEMBERS, AND (2) STATUS OF ON STREET PARKING AT PARKING METERS, AND TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 6/0 (PULL THE RESOLUT70NS REGARDING METERED PARKING ONE SETTING BASEBALL PARKING RATES FOR METERED PARKING PLACES ON 77-IE STREETS, AND ONE REPEALING IT FOR 77IE NEXT ETHICS BOARD PACKED MOTION BY MEMBER HOLE TO APPROVE THE MINUTES OF FEBRUARY 1 9, 1 999. MOTION CARRIED 6/0 CITY ATTORNEY'S REPORT MARGO VROMAN, ASSISTANT CITY ATTORNEY PRESENTED A REPORT FROM THE CITY ATTORNEY REGARDING REPONZA REGINA DENNING's AFFIDAVIT OF DISCLOSURE QUESTIONING WHETHER SHE MAY CONTRACT WITH THE CITY'S POLICE DEPARTMENT INTERNAL AFFAIRS UNIT FOR TRANSCRIPTION SERVICES. THE CITY ATTORNEY's ANALYSIS OF THIS SITUATION DETERMINED THAT MS. DENNING MAY NOT CONTRACT WITH THE TAD BECAUSE IT WOULD VIOLATE MCL 1 5-328 SEC. 8 OF THE STATE STATUTE. THE CONCLUSION OF THE CITY ATTORNEY's REPORT STATED; SINCE MS. DENNING MEETS THE DEFINITION OF A PUBLIC SERVANT AND WORKS OVER 25 HOURS PER WEEK, MCL 15.322( 1 ) LSEC.21 PROHIBITS HER FROM ENTERING INTO A CONTRACT WITH THE CITY FOR TRANSCRIPTION SERVICES. MOTION BY MEMBER SULLIVAN THAT THE BOARD DETERMINES THIS REQUESTTO BE A CONFLICT, VERIFIED BY THE CITY ATTORNEY'S OFFICE. AND THAT THE SECRETARY INFORM MRS. DENNINGS OF SAID DECISION, AND FORWARD A COPY OF THE CITY ATTORNEY'S MEMO TO HER. THE SECRETARY SHOULD INFORM MRS. DENINGS "THAT THE BOARD REVIEWED THE AFFIDAVIT OF DISCLOSURE AND BASED ON THE REVIEW OF INFORMATION PROVIDED BY THE CITY ATTORNEY's OFFICE, WHICH INDICATES THAT THE REQUEST IS COVERED BY STATE STATUTE WHICH PROHIBITS SUCH CONTRACTUAL WORK, THE BOARD ASSUMES THAT THE AFFIDAVIT WILL BE WITHDRAWN. MOTION CARRIED 6/0 CHAIR'S REPORT CHAIRMAN-KIJYPER1 EXPRESSED HIS PLEASURE AT BEING BACK. HE ASKED THAT THE SECRETARY TAKE THE NECESSARY ACTIONS TO CLARIFY THE ARRANGEMENTS MADE FOR PARKING OF BOARDMEMBERS. HE HAS BEEN GIVEN TO UNDERSTAND THAT THEY CANNOT PARK IN THE CITY PARKING RAMPS DURING LUGNUTS BASEBALL GAMES. THE BOARD NEEDS TO KNOW WHERE THEY MAY/MAY NOT PARK, ESPECIALLY WITH TWO NEW MEMBERS COMING ON BOARD. CHAIRMAN KUYfPltL?. ASKED THE SECRETARY TO DRAFT A LETTER OF THANKS TO FORMER BOARD MEMBERS JOHNSON AND LEHMANN, THANKING THEM FOR THEIR SERVICE ON THE BOARD, TO BE SIGNED BY ALL OF THE REMAINING MEMBERS. THE BOARD LIKES THE IDEA OF HAVING RESOLUTIONS OF TRIBUTE ADOPTED BY COUNCILMEMBERS, THANKING THE TWO FORMER BOARD MEMBERS FOR THEIR SERVICE. (PER FRAN KNOT WE CAN HAVE RESOLUTIONS OF-TRIBUTE PASSED BY COUNCIL, ALL WE HAVE TO DO IS GET THEM COPIES OF THE APPLICATIONS OF- THESE TWO MEMBERS TO PROVIDE BIOGRAPHICAL INFORMATION TO BE USED IN THE RESOLUTIONS.) NEW BUSINESS 1 . AFFICAVI /OF DISCLOSURE FILED BY MARYELLEN JANSEN; MOTION BY MEMBER ANDERSON THAT THE CLERK SEND A LETTER TO MRS. JANSEN STATING: THAT "THE BOARD HAS REVIEWED YOUR AFFIDAVIT OF DISCLOSURE, AND RESPONDS BY STATING THAT THE BOARD OF ETHICS RECOMMENDS THATYOU RECUSE YOURSELF FROM ANY REVIEW OF, OR DISCUSSION WITH YOUR COLLEAGUES, OF BIDS FROM YOUR HUSBANDS FIRM. AND, THATYOUR AFFIDAVITWILL BE RECEIVED AND PLACED ON FILE WITH THIS UNDERSTANDING. MOTION CARRIED 6/0 2. AFFIDAVIT OF DISCLOSURE FILED BY KEVIN PEABODY, MECHANICAL INSPECTOR WITH THE BUILDING SAFETY DIVISION OF THE PLANNING AND NEIGHBORHOOD DEVELOPMENT DEPARTMENT: THE BOARD ASKED THE CITY CLERK TO PREPARE A SUMMARY OF AFFIDAVITS FILED BY MR. PEABODY FOR THE NEXT BOARD MEETING. THE BOARD ALSO ASKS FOR CLARIFICATION AS TO WHAT SPECIFICALLY MR. PEABODY'S DUTIES ON THE EATON COUNTY BOARD OF APPEALS WOULD BE. 3. AFFIDAVIT OF DISCLOSURE FILED BY SMIERTKA, HALL, IDE, RUBLEY, SWANSON, GRAVES, BOMMARITO; MOTION BY PUBLIC MEMBER KIMBALL THAT THE AFFIDAVITS BE RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION TAKEN, OR REQUIRED, AND THANKING THESE EMPLOYEES FOR FILING AFFIDAVITS. PUBLIC MEMBER ANDERSON SAID THAT HE WOULD LIKE A STATEMENT INCLUDED TO THE EFFECT THAT THE BOARD EITHER DOES, OR DOES NOT, SEE A CONFLICT OF INTEREST INVOLVED WITH THESE DISCLOSURES. PUBLIC MEMBER KIMBALL ADDED "THE BOARD APPRECIATES THE PREEMPTIVE ACTION TAKEN BY THE EMPLOYEES IN FILING THESE VERY CAREFUL AFFIDAVITS, AND THAT BOARD SEES NO INDICATION OF A CONFLICT OF INTEREST INVOLVED, BUT WILL RECEIVE THSE STATEMENTS AND PLACE THEM ON FILE WITH THE INDICATION THAT THERE IS NO FURTHER ACTION REQUIRED. PUBLIC MEMBER ANDERSON ASKED THAT MEMBER KIMBALL ACCEPTA FURTHER FRIENDLY AMENDMENT TO HIS STATEMENT "AT THIS TIME THE BOARD DOES NOT SEE AN INDICATION OF A CONFLICT OF INTEREST INVOLVED IN WHAT YOU ARE DOING, BUT WILL RECEIVE THESE STATEMENTS AND PLACE THEM ON FILE WITH SAID DETERMINATION NOTED. MOTION CARRIED 6/0 4. LETTER OF RESIGNATION FROM ETHICS BOARD MEMBER DAVID LEHMANN: MOTION BY PUBLIC MEMBER SULLIVAN THAT THE BOARD GO ON RECORD AS THANKING DAVID LEHMANN AND GEORGIA JOHNSON FOR THEIR SERVICE TO THE BOARD OF ETHICS, AND THAT THIS RESOLUTION OF THANKS BE SPREAD UPON THE MINUTES. MOTION CARRIED 6/0 MEMBER KIMBALL ASKED TO BE EXCUSED AND LEFT THIS MEETING OF THE BOARD OF ETHICS AT 6:25 P.M. PUBLIC MEMBER SULLIVAN STATED THAT SHE WILL BE OUT OF TOWN FOR THE MAY 1 999 MEETING AND ASKED THAT SHE BE EXCUSED. i CHAIRMAN KUIPER SAID THAT HE WILL NOT BE IN AT-TENDAANCE AT THE MAY MEETING, EITHER, AND ASKED THAT HE BE EXCUSED. HE ASKED THAT THE CTIY CLERK SEND HIM A COPY OF THE AGENDA ONE WEEK PRIOR TO THE MEETING SO THAT HE CAN--DETERMINE WHETHER OR NOT TO CANCEL THE MEETING. MOTION BY PUBLIC MEMBER KNOLL TO ADJOURN MOTION CARRIED 6/0 MEETING ADJOURNED AT 6:40 P.M. MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING APRIL 13, 1999 - 5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM, LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT 5:30 P.M. IN THE TENTH FLOOR COUNCIL CONFERENCE ROOM, CITY HALL, LANSING, MICHIGAN. BOARD MEMBERS PRESENT: DR. DONALD KUIPER, CHAIRMAN DAVID KIMBALL, VICE-CHAIR CALVIN ANDERSON, PUBLIC MEMBER ROBERT NOLE, PUBLIC MEMBER ELLEN N. SULLIVAN, PUBLIC MEMBER NAMES M. WALLINE, PUBLIC MEMBER ABSENT: A QUORUM WAS PRESENT OTHERS PRESENT: MARGO VROMAN, ASSISTANT CITY ATTORNEY DEBORAH K. MINER, RECORDING SECRETARY APPROVAL OF AGENDA: MOTION BY PUBLIC MEMBER NOLE TO AMEND THE AGENDA BY ADDING; ( I ) A DISCUSSION REGARDING PARKING FOR BOARD MEMBERS, AND (2)THE STATUS OF ON STREET PARKING AT PARKING METERS, AND TO APPROVE THE AGENDA AS AMENDED MOTION CARRIED 6/0 CITY ATTORNEY'S REPORT: MARGO VROMAN, ASSISTANT CITY ATTORNEY, PRESENTED A REPORT FROM THE CITY ATTORNEY REGARDING THE AFFIDAVIT OF DISCLOSURE FILED BY REPONZA REGINA DENNING QUESTIONING WHETHER SHE MAY CONTRACT WITH THE LANSING POLICE DEPARTMENT INTERNAL AFFAIRS UNIT FOR TRANSCRIPTION SERVICES. THE CITY ATTORNEYS ANALYSIS OF THIS SITUATION DETERMINED THAT MS. DENNING MAY NOT CONTRACT WITH THE IAU, BECAUSE IT WOULD VIOLATE MCL 1 5-328 SEC. 8 OF STATE STATUTE. THE CONCLUSION PORTION OF THE ATTORNEYS REPORT STATES: "SINCE MS. DENNING MEETS THE DEFINITION OF A PUBLIC SERVANT AND WORKS OVER 25 HOURS PER WEEK, MCL 1 5.322( 1 ) [SEC.21 PROHIBITS HER FROM ENTERING INTO A CONTRACT WITH THE CITY FOR TRANSCRIPTION SERVICES." SECRETARY'S REPORT: APPROVAL OF MINUTES OF FEBRUARY 1 9, 1 999: MOTION BY MEMBER NOLE TO APPROVE THE MINUTES OF FEBRUARY 1 9, 1 999, AS SUBMITTED. MOTION CARRIED 6/0 CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: RECORDING SECRETARY MINER REVIEWED THE CORRESPONDENCE RECEIVED AND SENT. 1 MINUTES: BOARD OF ETHICS MEETING APR/L /3, /999 PG. 2 NEXT REGULAR MEETING DATE: MAY 1 1 , 1 999 PUBLIC MEMBER SULLIVAN STATED THAT SHE WILL BE OUT OF TOWN FOR THE MAY 1 999, MEETING AND ASKED THAT SHE BE EXCUSED. CHAIRMAN KUIPER SAID THAT HE WILL NOT BE IN ATTENDANCE AT THE MAY 1 999, MEETING, EITHER, AND ASKED THAT HE BE EXCUSED, AS WELL. HE ASKED THAT THE CITY CLERK SEND HIM A COPY OF THE AGENDA ONE WEEK PRIOR TO THE MEETING SO THAT HE CAN DETERMINE WHETHER OR NOT TO CANCEL THE MEETING. CHAIR'S REPORT: CHAIRMAN KUIPER EXPRESSED HIS PLEASURE AT BEING BACK. HE ASKED THAT THE SECRETARY CLARIFY THE ARRANGEMENTS MADE FOR PARKING BY BOARD MEMBERS. HE HAS BEEN GIVEN TO UNDERSTAND THAT THEY CANNOT PARK IN THE CITY PARKING RAMPS DURING LUGNUT BASEBALL GAMES. THE BOARD NEEDS TO KNOW WHERE THEY MAY/MAY NOT PARK, ESPECIALLY WITH TWO NEW MEMBERS COMING ON BOARD. CHAIRMAN KUIPER ASKED THE SECRETARY TO DRAFT A LETTER OF THANKS TO FORMER BOARD MEMBERS JOHNSON AND LEHMANN, THANKING THEM FOR THEIR SERVICE ON THE BOARD, TO BE SIGNED BY ALL OF THE REMAINING MEMBERS. THE BOARD LIKES THE IDEA OF HAVING RESOLUTIONS OF TRIBUTE ADOPTED BY CITY COUNCIL THANKING THE TWO FORMER MEMBERS FOR THEIR SERVICE. OLD BUSINESS: I . AFFIDAVIT OF DISCLOSURE FILED BY REPONZA REGINA DENNING; MOTION BY PUBLIC MEMBER SULLIVAN THAT THE BOARD DETERMINES THIS REQUEST TO BE A CONFLICT WHICH IS VERIFIED BY THE CITY ATTORNEY'S OFFICE. AND, THAT THE SECRETARY INFORM MS. DENNING OF SAID DECISION, AND FORWARD A COPY OF THE CITY ATTORNEY'S REPORT TO HER. THE SECRETARY SHOULD INFORM MS. DENNING "THAT THE BOARD REVIEWED THE AFFIDAVIT OF DISCLOSURE AND BASED ON THE REVIEW OF INFORMATION PROVIDED BY THE CITY ATTORNEY'S OFFICE, WHICH INDICATES THAT THE REQUEST IS COVERED BY STATE STATUTE WHICH PROHIBITS SUCH CONTRACTUAL WORK, THE BOARD ASSUMES THAT THE AFFIDAVIT WILL BE WITHDRAWN." MOTION CARRIED 6/0 NEW BUSINESS I . AFFIDAVIT OF DISCLOSURE FILED BY MARYELLEN JANSEN, SENIOR BUYER; MOTION BY MEMBER ANDERSON THAT THE SECRETARY SEND A LETTER TO MRS. JANSEN STATING THAT THE BOARD HAS REVIEWED HER AFFIDAVIT OF DISCLOSURE, AND RESPONDS BY STATING THAT "THE BOARD OF ETHICS RECOMMENDS THAT SHE RECUSE HERSELF FROM ANY REVIEW OF, OR DISCUSSION WITH HER COLLEAGUES OF BIDS FROM HER HUSBAND'S FIRM. AND FURTHER, THAT HER AFFIDAVIT OF DISCLOSURE WILL BE RECEIVED AND PLACED ON FILE WITH THIS UNDERSTANDING NOTED." 2. AFFIDAVIT OF DISCLOSURE FILED BY KEVIN PEABODY, MECHANICAL INSPECTOR WITH THE BUILDING SAFETY DIVISION OF THE PLANNING AND NEIGHBORHOOD DEVELOPMENT DEPARTMENT: THE CHAIR ASKED THE CITY CLERK TO PREPARE A SUMMARY OF AFFIDAVITS FILED BY MR. PEABODY, TO BE REVIEWED AT THE NEXT BOARD MEETING. THE BOARD ALSO ASKS FOR CLARIFICATION FROM MR. PEABODY, 2 MINUTES: BOARD OF ETHICS MEETING APRIL 13, /999 Pc. 3 AS TO WHAT SPECIFICALLY, HIS DUTIES ON THE EATON COUNTY BOARD OF APPEALS WOULD BE. 3. AFFIDAVITS OF DISCLOSURE FILED BY SMIERTKA, HALL, IDE, RUBLEY, SWANSON, GRAVES, BOMMARITO: MOTION BY PUBLIC MEMBER KIMBALL, THAT THE AFFIDAVITS BE RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION TAKEN, OR REQUIRED, AND THAT THE SECRETARY SEND A LETTER TO THESE EMPLOYEES INFORMING THEM THAT "THE BOARD APPRECIATES THE PREEMPTIVE ACTION TAKEN BY THE EMPLOYEE IN FILING THESE VERY CAREFUL AFFIDAVITS. AT THIS TIME THE BOARD DOES NOT SEE ANY INDICATION OF A CONFLICT OF INTEREST INVOLVED IN WHAT YOU ARE DOING, BUT WILL RECEIVE THESE STATEMENTS AND PLACE THEM ON FILE WITH SAID DETERMINATION NOTED." MOTION CARRIED 6/0 4. LETTER OF RESIGNATION FROM ETHICS BOARD MEMBER DAVID LEHMANN: MOTION BY PUBLIC MEMBER SULLIVAN THAT THE BOARD GO ON RECORD AS THANKING DAVID LEHMANN AND GEORGIA JOHNSON FOR THEIR SERVICE TO THE BOARD OF ETHICS, AND THAT THIS RESOLUTION OF THANKS BE SPREAD ACROSS THE MINUTES. MOTION CARRIED 6/0 PUBLIC MEMBER KIMBALL ASKED TO BE EXCUSED AND LEFT THIS MEETING OF THE BOARD OF ETHICS AT 6:25 P.M. ADJOURNMENT MOTION BY PUBLIC MEMBER JOHNSON TO ADJOURN. MOTION CARRIED 5/0 MEETING ADJOURNED AT 7:35 P.M. RESPECTFULLY SUBMITTED, DEBORAH K. MINER, RECORDING SECRETARY DATE APPROVED: JUNE 8, 1999 3 City of Lansing Board of Ethics The May 11 , 1999 meeting of the Board of Ethics is canceled. Dr. Donald Kuiper, Chairperson �L, o G' V MINUTES LANSING CITY BOARD OF ETHICS C�4-r;l REGULAR MEETING JUNE 8. 1999 - 5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM, LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT 5:30 P.M. IN THE TENTH FLOOR COUNCIL CONFERENCE ROOM, CITY HALL, LANSING, MICHIGAN. BOARD MEMBERS PRESENT: DAVID KIMBALL, VICE-CHAIR PRESIDING CALVIN ANDERSON, PUBLIC MEMBER ROBERT HOLE, PUBLIC MEMBER ELLEN N. SULLIVAN, PUBLIC MEMBER JAMES M. WALLINE, PUBLIC MEMBER ABSENT: DR. DONALD KUIPER, CHAIRMAN A QUORUM WAS PRESENT OTHERS PRESENT: JAMES D. SMIERTKA, CITY ATTORNEY DEBORAH K. MINER, RECORDING SECRETARY APPROVAL OF AGENDA: MOTION BY PUBLIC MEMBER HOLE TO APPROVE THE AGENDA AS SUBMITTED MOTION CARRIED 6/0 CITY ATTORNEY'S REPORT: CITY ATTORNEY SMIERTKA REPORTED THAT BOTH OF THE TWO REMAINING LAWSUITS ON THE EARLY RETIREMENT ISSUE (MCKANE AND BLAIR) HAVE BEEN CONSOLIDATED INTO ONE CASE AND ARE AWAITING ORAL ARGUMENTS. HE REPORTED THAT HE DOES NOT SEE A CONFLICT OF INTEREST SITUATION IN THE BIDDINGER AFFIDAVIT. BASICALLY, MR. BIDDINGER HAS TAKEN A PART TIME JOB TEACHING CLASSES OUTSIDE THE STATE OF MICHIGAN. THIS CONDUCT HAS NO IMPACT ON THE ETHICS ORDINANCE. HE IS TEACHING CLASSES ON THE WEEKEND OUTSIDE OF THE STATE. THIS DOES NOT MEET THE TESTS FOR CONFLICT OF INTEREST. SECRETARY'S REPORT: APPROVAL OF MINUTES OF APRIL 1 3, 1 999: MOTION BY PUBLIC MEMBER SULLIVAN TO APPROVE THE MINUTES OF THE APRIL 1 3, 1 999, MEETING, AS SUBMITTED. MOTION CARRIED 5/0 BY DECISION OF THE CHAIR, THE ORDER OF THE AGENDA WAS CHANGED TO ALLOW NEW BUSINESS AND THE AFFIDAVIT OF DISCLOSURE FILED BY GARY BIDDINGER TO BE TAKEN UP AS THE N EXT ITEM. 1 MINUTES: BOARD OF ETHICS MEETING JUNE 9, /999 PG. 2 NEW BUSINESS • AFFIDAVIT OF DISCLOSURE FILED BY GARY BIDDINGER; MOTION BY PUBLIC MEMBER SULLIVAN THAT "BASED ON THE BOARDS ASSUMPTION THAT THE COMPANY THAT IS EMPLOYING YOU IS NOT DOING BUSINESS IN THE CITY OF LANSING," THE BOARD SEES NO INDICATION OF A CONFLICT OF INTEREST AND YOUR AFFIDAVIT IS BEING RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION REQUIRED AT THIS TIME. MOTION CARRIED 5/0 CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: RECORDING SECRETARY MINER REVIEWED THE COMMUNICATIONS RECEIVED AND SENT SINCE THE LAST BOARD MEETING. THE BIDDINGER AFFIDAVIT WAS HANDLED UNDER NEW BUSINESS. THE LETTERS DENT TO SMIERTKA, HALL, IDE, RUBLY, SWANSON, GRAVES AND BOMMARITO WERE DULY NOTED. THE INFORMATION REGARDING PARKING REGULATIONS WAS DULY NOTED. THE JANSEN AND DENNING LETTERS WERE ALSO NOTED. THE LETTERS TO LEHMANN AND JOHNSON WERE ATTACHED TO THE MINUTES OF THE APRIL 13, 1999 MEETING AT THE DIRECTION OF THE BOARD. THE FOLLOWING ACTIONS WERE TAKEN WITH REGARD TO THE STATEMENTS OF FINANCIAL INTEREST FILED BY CITY EMPLOYEES. STATEMENTS OF FINANCIAL INTEREST: • JOAN BAUER, CITY COUNCIL VICE-PRESIDENT: MOTION BY PUBLIC MEMBER SULLIVAN THAT ON THE FACE OF THE STATEMENT OF FINANCIAL INTEREST, THERE DOES NOT APPEAR TO BE ANY CONFLICT OF INTEREST WITH REGARD TO THE STATEMENT FILED BY COUNCILMEMBER BAUER, AND THAT THE CITY CLERK WRITE HER A LETTER TO INCLUDE THE FOLLOWING LANGUAGE DRAFTED BY THE CITY ATTORNEY; "FHE BOARD OF ETHICS HAS RECEIVED YOUR STATEMENT OF FINANCIAL INTEREST DATED APRIL 28, 1999, AND HAS NOTED YOUR INVOLVEMENT WITH INGHAM REGIONAL MEDICAL CENTER AND THE DART BANK. WHILE THE BOARD DOES NOT FIND ANY DIRECT CONFLICT OF INTEREST WITH RESPECT TO YOUR OCCUPYING THESE POSITIONS WHILE AT THE SAME TIME HOLDING A CITY OFFICE, THE BOARD BELIEVES THAT SITUATIONS MAY ARISE FROM TIME TO TIME WHICH MAY REQUIRE YOU TO CLOSELY MONITOR THE PROVISIONS OF THE ETHICS ORDINANCE AND CONSIDER RECUSAL ON MATTERS WHICH MAY INVOLVE THE ORGANIZATION OF WHICH YOU ARE A MEMBER.11 MOTION CARRIED 5/0 • DR. RHODES-REED, DIRECTOR OF THE HUMAN RELATIONS & COMMUNITY SERVICES DEPARTMENT; MOTION BY PUBLIC MEMBER WALLINE THAT THE BOARD HAS REACHED THE SAME CONCLUSION WITH REGARD TO THE STATEMENT FILED BY DR. RHODES-REED, AND THAT THE CITY CLERK WRITE HER A LETTER INCLUDING THE LANGUAGE DRAFTED BY THE CITY ATTORNEY. 2 MINUTES: BOARD OF ETHICS MEETING JUNE 9, /999 PG. J MOTION CARRIED 5/0 • DAVID WIENER, EXECUTIVE ASSISTANT TO MAYOR HOLLISTER; MOTION BY PUBLIC MEMBER WALLINE THAT THE BOARD HAS REACHED THE SAME CONCLUSION WITH REGARD TO THE STATEMENT FILED BY MR. WIENER, AND THAT THE CITY CLERK WRITE HIM A LETTER INCLUDING THE LANGUAGE DRAFTED BY THE CITY ATTORNEY. MOTION CARRIED 5/0 • COUNCILMEMBER MICHAEL MURPHY; MOTION BY PUBLIC MEMBER WALLINE THAT THE BOARD HAS REACHED THE SAME CONCLUSION WITH REGARD TO THE STATEMENT FILED BY COUNCILMEMBER MURPHY, AND THAT THE CITY CLERK WRITE HIM A LETTER INCLUDING THE LANGUAGE DRAFTED BY THE CITY ATTORNEY. MOTION CARRIED 5/0 • COUNCILMEMBER LARRY MEYER; MOTION BY PUBLIC MEMBER ANDERSON THATTHE BOARD HAS REACHED THE SAME CONCLUSION WITH REGARD TO THE STATEMENT FILED BY COUNCILMEMBER MEYER, AND THAT THE CITY CLERK WRITE HIM A LETTER INCLUDING THE LANGUAGE DRAFTED BY THE CITY ATTORNEY. MOTION CARRIED 5/0 • BERNARD BRANTLEY, CHIEF INVESTIGATOR FOR THE BOARD OF POLICE COMMISSIONERS; MOTION BY PUBLIC MEMBER NOLE THAT THE BOARD DIRECTS THAT THE STATEMENT OF FINANCIAL INTEREST FILED BY MR. BRANTLEY BE RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION REQUIRED OR ANTICIPATED AT THIS TIME. MOTION CARRIED 5/0 • JOSEPH DANDY, RJR., DIRECTOR OF THE BOARD OF WATER & LIGHT; MOTION BY PUBLIC MEMBER SULLIVAN THAT THE STATEMENT OF FINANCIAL INTEREST FILED BY MR. DANDY BE TABLED AT THIS TIME, AND THAT THE CITY CLERK PROVIDE BOARD MEMBERS WITH COPIES OF THE FINANCIAL INTEREST STATEMENT FILED BY MR. DANDY IN 1998. MOTION CARRIED 4/ 1 , PUBLIC MEMBER ANDERSON ABSENT FOR THE VOTE ON THIS ITEM • COUNCIL PRESIDENT TONY BENAVIDES; MOTION BY PUBLIC MEMBER SULLIVAN THAT THE BOARD HAS CONCLUDED THAT THERE DOES NOT APPEAR TO BE ANY CONFLICT OF INTEREST WITH REGARD TO THE STATEMENT FILED BY COUNCIL 3 MINUTES: BOARD OF ETHICS MEETING JUNE 9, /999 PG. 4 PRESIDENT BENAVIDES AND THAT THE CITY CLERK WRITE HIM A LETTER TO INCLUDE THE FOLLOWING LANGUAGE DRAFTED BY THE CITY ATTORNEY; 'THE BOARD OF ETHICS HAS RECEIVED YOUR STATEMENT OF FINANCIAL INTEREST DATED MARCH 3 1 , 1999, AND HAS NOTED YOUR INVOLVEMENT WITH CRISTO REY COMMUNITY CENTER . WHILE THE BOARD DOES NOT FIND ANY DIRECT CONFLICT OF INTEREST WITH RESPECT TO YOUR OCCUPYING THESE POSITIONS WHILE AT THE SAME TIME HOLDING A CITY OFFICE, THE BOARD BELIEVES THAT SITUATIONS MAY ARISE FROM TIME TO TIME WHICH MAY REQUIRE YOU TO CLOSELY MONITOR THE PROVISIONS OF THE ETHICS ORDINANCE AND CONSIDER RECUSAL ON MATTERS WHICH MAY INVOLVE THE ORGANIZATION OF WHICH YOU ARE A MEMBER�� MOTION CARRIED 5/0 • COUNCILMEMBER LOUTS ADADO; MOTION BY PUBLIC MEMBER ANDERSON THAT THE BOARD HAS REACHED THE SAME CONCLUSION WITH REGARD TO THE STATEMENT FILED BY COUNCILMEMBER ADADO, AND THAT THE CITY CLERK WRITE HIM A LETTER INCLUDING THE LANGUAGE DRAFTED BY THE CITY ATTORNEY. MOTION CARRIED 5/0 • MICHAEL NAVABI, DIRECTOR OF THE PUBLIC SERVICE DEPARTMENT; MOTION BY PUBLIC MEMBER WALLINE THAT THE BOARD DIRECTS THAT THE STATEMENT OF FINANCIAL INTEREST FILED BY MR. NAVABI BE RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION REQUIRED OR ANTICIPATED AT THIS TIME. MOTION CARRIED 5/0 • LIZA ESTLUND OLSON, DIRECTOR OF THE MANAGEMENT SERVICES DEPARTMENT; MOTION BY PUBLIC MEMBER SULLIVAN THAT THE BOARD DIRECTS THAT THE STATEMENT OF FINANCIAL INTEREST FILED BY MRS. ESTLUND OLSON BE RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION REQUIRED OR ANTICIPATED AT THIS TIME. MOTON CARRIED 5/0 • KELLIE WILLSON, INTERNAL AUDITOR FOR THE BOARD OF WATER & LIGHT; MOTION BY PUBLIC MEMBER SULLIVAN THAT THE BOARD DIRECTS THAT THE STATEMENT OF FINANCIAL INTEREST FILED BY MS. WILLSON BE RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION REQUIRED OR ANTICIPATED AT THIS TIME. MOTION CARRIED 5/0 • DAVID TIJERINA, CITY ASSESSOR; MOTION BY PUBLIC MEMBER HOLE THAT THE BOARD DIRECTS THAT THE STATEMENT OF FINANCIAL 4 MINUTES: BOARD OF ETHICS MEETING JUNE 9, /999 PG. 5 INTEREST FILED BY MR. TIJERINA BE RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION REQUIRED OR ANTICIPATED AT THIS TIME. MOTION CARRIED 5/0 NEXT REGULAR MEETING DATE: JULY 1 3, 1 999 CHAIR'S REPORT: THERE WAS NO REPORT. OLD BUSINESS: I . MOTION BY PUBLIC MEMBER HOLE THAT THE AFFIDAVIT OF DISCLOSURE FILED BY KEVIN PEABODY BE RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION REQUIRED AT THIS TIME, AND THAT THE CITY CLERK WRITE A LETTER TO MR. PEABODY INFORMING HIM OF THE BOARDS DECISION. MOTION CARRIED 5/0 2. MOTION BY PUBLIC MEMBER SULLIVAN THAT THE AGENDA BE AMENDED TO CHANGE RESOLUTIONS OF TRIBUTE FOR GEORGIA JOHNSON & DAVID LEHMANN TO LETTERS OF THANKS TO GEORGIA JOHNSON AND DAVID LEHMANN, AND THAT THE LETTERS WRITTEN BY THE CITY CLERK BE ATTACHED TO THE MINUTES OF THE APRIL 1 3, 1 999 MINUTES. MOTION CARRIED 5/0 ADJOURNMENT MOTION BY PUBLIC MEMBER HOLE TO ADJOURN. MOTION CARRIED 5/0 MEETING ADJOURNED AT 6:45 P.M. RESPECTFULLY SUBMITTED, DEBORAH K. MINER, RECORDING SECRETARY DATE APPROVED: 7/1 3/99 5 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING JULY 13, 1999-5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 5:30 P.M. in the Tenth Floor Council Conference Room, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: Dr. Donald Kuiper, Chairman David Kimball, Vice-Chair Robert Nole, Public Member Ellen N. Sullivan, Public Member James M. Walline, Public Member ABSENT: Cal Anderson, Public Member (Excused) A QUORUM WAS PRESENT OTHERS PRESENT: James D. Smiertka, City Attorney Marilynn Slade, City Clerk APPROVAL OF AGENDA: Agenda was amended to add under new business item 3-Affidavit of Disclosure filed by Shane Silsby and under New Business item 4-Affidavit of Disclosure filed by Cherie Bailor. SECRETARY'S REPORT: APPROVAL OF MINUTES OF June 8, 1999: Motion by Vice Chair Kimball to approve the minutes of the June 8, 1999, Meeting, as submitted. MOTION CARRIED 5/0 The Secretary reported that David Kimball was reappointed to the Board by the Mayor with a term to expire on June 30, 2003. CITY ATTORNEY'S REPORT: None NEW BUSINESS • Affidavit of Disclosure filed by Shane L. Silsby: 1 MINUTES: BOARD OF ETHICS MEETING JULY 13, 1999 pg. 2 Motion by Vice Chair Kimball that the Board receive and place on file the Affidavit of Disclosure filed by Shane Silsby with the stipulation that he should not be involved in any decision where this company(URS Greiner Woodward Clyde) is a bidder or in establishing specifications for contracts that this company might bid on, or in working on any project conducted by this company within the City of Lansing. Further, that if this company is ever bidding on a contract with the city in the future, Mr. Silsby should submit another Affidavit of Disclosure to the Board of Ethics pursuant to the City Charter and the Code of Ordinances. And, finally, that a copy of the motion by the Board of Ethics be given to Dennis Sykes, Director of the Department of Planning and Neighborhood Development. MOTION CARRIED 5/0 • Affidavit of Disclosure filed by Cherie Bailor Motion by Vice Chair Kimball that the Board receive and place on file the Affidavit of Disclosure filed by Cherie Bailor with no further action contemplated and extend the best wishes of the Board to Officer Bailor. MOTION CARRIED 510 • Statement of Financial Interest filed by Joe Pandy Motion by Vice Chair Kimball to receive and place on file the Statement of Financial Interest filed by Joe Pandy as there was no change from the previous year's filing. MOTION CARRIED 5/0 • Election of Chair and Vice Chair for the year July, 1999 - June 30, 2000 Motion by Public Member Sullivan to re-elect Donald Kuiper as Chairman and David Kimball as Vice Chairman for the coming year. MOTION CARRIED 510 CHAIR'S REPORT: There was no report. OLD BUSINESS: ADJOURNMENT 2 MINUTES: BOARD OF ETHICS MEETING JULY 13, 1999 pg. 3 Meeting Adjourned at 6:10 P.M. Respectfully Submitted, Marilynn Slade, Recording Secretary Date Approved: 9/14/99 3 I BOARD OF ETHICS THE ETHICS BOARD MEETING SCHEDULED FOR AUGUST 10, 1999 HAS BEN CANCELED; THE NEXT REGULAR MEETING WILL BE HELD ON SEPTEMBER 14, 1999 C!) G� _ n i m � co 7 LANSING CITYHALL, 124 W. MICHIGANAVE., LOTH FLOOR CONFERENCE ROOM, LANSING, M148933 DRAFT 4� MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING SEPTEMBER 14, 1999 - 5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM, LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT 5:45 P.M. IN THE TENTH FLOOR COUNCIL CONFERENCE ROOM, CITY HALL, LANSING, MICHIGAN. BOARD MEMBERS PRESENT: DR. DONALD KUIPER, CHAIRMAN CAL ANDERSON, PUBLIC MEMBER ELLEN SULLIVAN, PUBLIC MEMBER JAMES M. WALLINE, PUBLIC MEMBER ABSENT: DAVID KIMBALL, VICE CHAIR (EXCUSED) BOB HOLE, PUBLIC MEMBER (EXCUSED) A QUORUM WAS PRESENT OTHERS PRESENT: JAMES D. SMIERTKA, CITY ATTORNEY MARILYNN SLADE, CITY CLERK COURTNEY WELCH, MSU JOURNALISM STUDENT SECRETARY'S REPORT: APPROVAL OF MINUTES OF JULY 1 3, 1 999: MOTION BY ELLEN SULLIVAN TO APPROVE THE MINUTES OF THE JULY 1 3, 1 999, MEETING, AS SUBMITTED. MOTION CARRIED 4/0 THE SECRETARY REPORTED THAT CITY COUNCIL IS EXPECTED TO MAKE A NEW APPOINTMENT TO THE BOARD FROM THE THIRD WARD, JAMES TATE. THE APPOINTMENT WILL BE ON THE 9/20/99 CITY COUNCIL AGENDA. CITY ATTORNEY'S REPORT: CITY ATTORNEY SMIERTKA PROVIDED AN UPDATE REGARDING LITIGATION IN THE EARLY RETIREMENT MATTER. HE STATED THAT THERE ARE STILL APPEALS BY JAMES BLAIR AND TERRY MCKANE IN THE MICHIGAN COURT OF APPEALS. THE CITY ATTORNEY ALSO REPORTED THAT HE WAS APPROACHED BY MEMBERS OF CITY COUNCIL AS TO WHETHER THERE WERE ANY ETHICS IMPLICATIONS TO A PLANNED TRIP TO CHICAGO TO REVIEW A COOLING PLANT WITH THE BOARD OF WATER & LIGHT. HE STATED THAT HE DID NOT SEE A PROBLEM WITH COUNCILMEMBERS GOING ON THIS TRIP, IT IS A PART OF THE LEGISLATIVE PROCESS. 1 MINUTES: BOARD OF ETHICS MEETING SEPrEmsER 14, 1999 PG. 2 NEW BUSINESS • AFFIDAVIT OF DISCLOSURE FILED BY CHARLES N. BOUTH: MOTION BY NAMES WALLINE TO RECEIVE AND PLACE ON FILE THE AFFIDAVIT OF DISCLOSURE FILED BY CHARLES N. BOUTH WITH NO FURTHER ACTION CONTEMPLATED. MOTION CARRIED 4/0 SECETARY SLADE UPDATED BOARD MEMBERS ON PROGRESS WITH TRAINING CITY OFFICERS AND EMPLOYEES ON THE ETHICS ORDINANCE. SHARON BOMMARITO, DIRECTOR OF PERSONNEL, INFORMED THE SECRETARY THAT THEY WERE ENCOUNTERING DIFFICULTIES GETTING BOARD MEMBERS TRAINED. SHE ASKED IF THE BOARD HAD ANY SUGGESTIONS ON HOW TO PROCEED. BOARD CHAIRPERSON KUIPER SUGGESTED THAT, SINCE ALL BOARDS REPORT TO THE ADMINISTRATION, PERHAPS THE ADMINISTRATION COULD REQUEST THE SECRETARY WHO STAFFS THESE BOARDS TO PLACE THE TRAINING ON THE FIRST PART OF THE AGENDA SO IT WOULD HAVE TO BE COVERED. SECETARY SLADE SAID SHE WOULD PASS THE SUGGESTION ALONG TO MRS. BOMMARITO. CHAIR'S REPORT: THERE WAS NO REPORT. OLD BUSINESS: ADJOURNMENT MEETING ADJOURNED AT 6: 10 P.M. RESPECTFULLY SUBMITTED, MARILYNN SLADE, RECORDING SECRETARY DATE APPROVED: 2 NOTICE : THE BOARD OF ETHICS MEETING SCHEDULED FOR TUESDAY, OCTOBER 12 , 1999 AT 5 : 30 P .M . HAS BEEN CANCELED THE NEXT MEETING IS SCHEDULED FOR NOVEMBER 9 , 1999 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING SEPTEMBER 14, 1999-5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 5:45 P.M. in the Tenth Floor Council Conference Room, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: Dr. Donald Kulper, Chairman Cal Anderson, Public Member Ellen Sullivan, Public Member James M. Walline, Public Member ABSENT: David Kimball, Vice Chair (excused) Bob Nole, Public Member (excused) A QUORUM WAS PRESENT OTHERS PRESENT: James D. Smlertka, City Attorney Marilynn Slade, City Clerk Courtney Welch, MSU Journalism student SECRETARY'S REPORT: APPROVAL OF MINUTES OF July 13, 1999: Motion by Ellen Sullivan to approve the minutes of the July 13, 1999, Meeting, as submitted. MOTION CARRIED 4/0 The Secretary reported that City Council is expected to make a new appointment to the Board from, the third ward, James Tate. The appointment will be on the 9/20/99 City Council agenda. CITYATTORNEY'SREPORT: City Attorney Smiertka provided an update regarding litigation in the early retirement matter. He stated that there are still appeals by James Blair and Terry McKane in the Michigan Court of Appeals. The City Attorney also reported that he was approached by members of City Council as to whether there were any ethics implications to a planned trip to Chicago to review a cooling plant with the Board of Water& Light. He stated that he did not see a problem with Councilmembers going on this trip, it is a part of the legislative process. 1 MINUTES: BOARD OF ETHICS MEETING September 14, 1999 pg. 2 NEW BUSINESS • Affidavit of Disclosure filed by Charles N. Bouth: Motion by James Walline to receive and place on file the Affidavit of Disclosure filed by Charles N. Bouth with no further action contemplated. MOTION CARRIED 4/0 Secetary Slade updated board members on progress with training city officers and employees on the ethics ordinance. Sharon Bommarito, Director of Personnel, informed the secretary that they were encountering difficulties getting board members trained. She asked if the board had any suggestions on how to proceed. Board Chairperson Kuiper suggested that, since all boards report to the administration, perhaps the administration could request the secretary who staffs these boards to place the training on the first part of the agenda so it would have to be covered. Secretary Slade said she would pass the suggestion along to Mrs. Bommarito. CHAIR'S REPORT: There was no report. OLD BUSINESS: ADJOURNMENT Meeting Adjourned at 6:10 P.M. Respectfully Submitted, Marilynn Slade, Recording Secretary Date Approved: 2 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING DECEMBER 14, 1999 - 5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM, LANSING CITY HALL THE MEETING WAS CALLED TO ORDER AT 5:30 P.M. IN THE TENTH FLOOR COUNCIL CONFERENCE ROOM, CITY HALL, LANSING, MICHIGAN. BOARD MEMBERS PRESENT: DAVID KIMBALL, VICE-CHAIR CALVIN ANDERSON, PUBLIC MEMBER ELLEN N. SULLIVAN, PUBLIC MEMBER NAMES M. WALLINE, PUBLIC MEMBER ABSENT: DR. DONALD KUIPER, CHAIRMAN [EXCUSED] ROBERT NOLE, PUBLIC MEMBER [EXCUSED] A QUORUM WAS PRESENT OTHERS PRESENT: JACK ROBERTS, ASSISTANT CITY ATTORNEY JAMES D. SMIERTKA, CITY ATTORNEY DEBORAH K. MINER, RECORDING SECRETARY APPROVAL OF AGENDA: MOTION BY PUBLIC MEMBER SULLIVAN TO APPROVE THE AGENDA AS SUBMITTED MOTION CARRIED 4/0 CITY ATTORNEY'S REPORT: JACK ROBERTS, ASSISTANT CITY ATTORNEY, REPORTED THAT HE IS PRESENT AS LEGAL COUNSEL TO THE BOARD, AND CITY ATTORNEY SMIERTKA IS PRESENT TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE WITH REGARD TO THE AFFIDAVIT OF DISCLOSURE HE FILED. SECRETARY'S REPORT: APPROVAL OF MINUTES OF NOVEMBER 9, 1 999: MOTION BY MEMBER ANDERSON TO APPROVE THE MINUTES OF NOVEMBER 9, 1 999, AS SUBMITTED. MOTION CARRIED 4/0 CORRESPONDENCE RECEIVED AND SENT SINCE LAST MEETING: I . LETTERS REGARDING THEIR AFFIDAVITS OF DISCLOSURE SENT TO LEITH CURTIS AND HELEN PERRY-BUSE. RECEIVED AND PLACED ON FILE 1 MINUTES: BOARD OF ETH/CS MEETING DECEMBER /4, l 999 PG. 2 2. AFFIDAVIT OF DISCLOSURE FILED BY JAMES D. SMIERTKA RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION CONTEMPLATED NEXT REGULAR MEETING DATE: JANUARY 1 1 , 2000 CHAIR'S REPORT: VICE CHAIR KIMBALL DID NOT HAVE A REPORT. OLD BUSINESS: THERE WAS NO OLD BUSINESS FOR DISCUSSION. NEW BUSINESS AFFIDAVIT OF DISCLOSURE FILED BY JAMES D. SMIERTKA CITY ATTORNEY SMIERTKA INFORMED BOARD MEMBERS THAT THE CHARTER PROVIDES THEM WITH THE AUTHORITY TO HIRE OUTSIDE LEGAL COUNSEL WHENEVER THERE MAY BE A CONFLICT INVOLVING THE CITY ATTORNEY. THEY HAVE THE DISCRETION TO DO SO IN THIS INSTANCE, IF THEY PERCEIVE THAT A CONFLICT MAY BE PRESENT. PUBLIC MEMBER ANDERSON STATED THAT HE READ MR. SMIERTKA'S AFFIDAVIT OF DISCLOSURE AND DID NOT SEE ANY REAL CONFLICT OF INTEREST. CITY ATTORNEY SMIERTKA EXPLAINED HIS INVOLVEMENT WITH THIS NON PROFIT AGENCY AS FOLLOWS: THE AGENCY IS NAMED "PREGNANCY SERVICES OF GREATER LANSING." HE HAS BEEN ELECTED PRESIDENT OF THE ORGANIZATION, WHICH IS LOCATED IN E. LANSING. THEY PROVIDE SERVICES FOR TEENS AND YOUNG LADIES WHO ARE EXPERIENCING UNPLANNED PREGNANCIES. THE SERVICES THEY PROVIDE INCLUDE SPIRITUAL SERVICES, SUPPORT IN TERMS OF CLOTHING ITEMS AND BABY ITEMS, AND A SMALL PART OF THEIR PROGRAM INVOLVES EDUCATIONAL SERVICES WHICH ARE PRESENTED IN PUBLIC AND PRIVATE SCHOOL BY YOUNG LADIES AND TEENAGERS WHO VISIT THE SCHOOLS BY INVITATION AND TALK ABOUT SEXUAL ABSTINENCE. THE PROGRAM IS FUNDED BY DONATIONS, AND STAFFED BY VOLUNTEERS. THIS YEAR THEY BECAME AWARE THAT THE STATE PROVIDES ABSTINENCE FUNDING AND THEY APPLIED, TOGETHER WITH THE INGHAM COUNTY ABSTINENCE COALITION, FOR FUNDS. THEY RECEIVED ONE OF THE GRANTS. SUBSEQUENTLY, THE CITY OF LANSING HUMAN RELATIONS AND COMMUNITY SERVICES DEPARTMENT APPLIED TO THE STATE OF MICHIGAN TO BE THE FIDUCIARY AGENT FOR THESE FUNDS. HE WAS UNAWARE OF THEIR APPLICATION. THEY WILL ACT AS THE FIDUCIARY. AT SOME POINT, THE STATE OF MICHIGAN WILL GIVE FUNDS TO THE CITY OF LANSING, AND THE CITY WILL GIVE FUNDS TO THIS ORGANIZATION AND TO THE INGHAM COUNTY ABSTINENCE COALITION. THE INVOLVEMENT BY THE CITY OF LANSING HRCS DEPARTMENT HAS NOT BEEN APPROVED BY COUNCIL, AS YET. PUBLIC MEMBER ANDERSON ASKED CITY ATTORNEY SMIERTKA IF AN ATTORNEY FROM HIS OFFICE COULD HANDLE THIS MATTER IN HIS STEAD. MR. SMIERTKA REPLIED THAT THIS IS A DECISION THAT IS UP TO THE BOARD OF ETHICS. IT CAN BE HANDLED IN THIS MANNER, IF THE BOARD SO CHOOSES. HIS OFFICE WILL NOT REVIEW ANY OF THE ORGANIZATIONS CONTRACTS, BECAUSE, IF HE HAS A CONFLICT, IT IS IMPUTED TO THE REST OF HIS OFFICE. ANY CONTRACTS WILL BE SENT OUT TO OUTSIDE LEGAL COUNSEL FOR REVIEW. 2 MINUTES: BOARD OF ETHICS MEETING DECEMBER 14, /999 PG. 3 PUBLIC MEMBER WALLINE ASKED MR. SMIERTKA IF THE HRCS DEPARTMENT SHOULD NOT HAVE GOTTEN APPROVAL FROM CITY COUNCIL PRIOR TO MAKING APPLICATION TO BE THE FIDUCIARY AGENT. MR. SMIERTKA REPLIED THAT HE WILL NOT EVEN ADDRESS THAT QUESTION, HOWEVER, IT IS A GOOD QUESTION. MOTION BY PUBLIC MEMBER ANDERSON THAT MR. SMIERTKA'S AFFIDAVIT OF DISCLOSURE BE RECEIVED AND PLACED ON FILE, AND THAT A LETTER BE SENT TO THE CITY ATTORNEY STATING THAT IT HAS BEEN RECEIVED AND FILED WITH NO FURTHER ACTION CONTEMPLATED. MOTION CARRIED 4/0 ADJOURNMENT MOTION BY VICE-CHAIR KIMBALL TO ADJOURN. MOTON CARRIED 4/0 MEETING ADJOURNED AT 6:35 P.M. RESPECTFULLY SUBMITTED, DEBORAH K. MINER, RECORDING SECRETARY , DATE APPROVED: 3