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HomeMy WebLinkAbout2000 Ethics Minutes -All -UEIV-U ETHICS BOARD MEETINGS ? V 19 PN, 2' 10 Schedule for 2000 LANS10 CITY CLERK thics Board regular meetings will be held on the 2nd Tuesday of very month at 5:30 P.M. 11 Board meetings will be held in the loth floor Conference Room. January 11, 2000 February 8, 2000 March 14, 2000 q i_ Apri1--14,--2.0-0 0 May 9, 2000 June 13, 2000 July 11, 2000 August 8, 2000 September 12, 2000 October a-A-,3 2000 November 14, 2000 December 12, 2000 Donald Kuiper, M. D. Chairman of the Board MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING JANUARY 11 2000 - 5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM LANSING CITY HALL The meeting was called to order at 5:40 P.M. in the Tenth Floor Council Conference Room, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: Dr. Donald Kuiper, Chairman Dr. Cal Anderson, Public Member Ellen Sullivan, Public Member Bob Nole, Public Member Lonnie Bennett, Public Member ABSENT: David Kimball, Vice Chair (excused) James Walline, Public Member (excused) A QUORUM WAS PRESENT OTHERS PRESENT: James D. Smiertka, City Attorney Marilynn Slade, City Clerk Meeting was called to order at 5:40 P.M. by Chairperson Kuiper. Motion by Cal Anderson to add the following items to the Agenda Discussion of term expirations for board members ' Introduction of new board member r -- Affidavit of Disclosure filed by Ronald Callen MOTION CARRIED 5/0 " c„ SECRETARY'S REPORT: Approval of Minutes: Dec. 14, 1999: Motion by Cal Anderson to approve the minutes of the December 14, 1999 meeting as submitted. MOTION CARRIED 5/0 CITY ATTORNEY'S REPORT: City Attorney Smiertka reported that his office is investigating the merits of a claim filed by 1 MINUTES: BOARD OF ETHICS MEETING January 11, 2000, 1999 pg. 2 Dennis Path who provided some investigative b Tomlces to the boar during the Downs and has faed a claim agaanl t retirement issue. Mr. Path was subcontractedy the city for $9,000-$10,000. CHAIR'S REPORT: Board members introduced themselves to new member Lonnie Bennett. OLD BUSINESS: Members reviewed the meeting schedule for the year 2000 and found no conflicts. NEW BUSINESS: Affidavit of Disclosure filed by Harold Armour: Motion by Bob Nole that the City Attorney will contact Mr. Armour and request additional details about his affidavit and report his findings back to the board at the February meeting. MOTION CARRIED 5/0 Affidavit of Disclosure filed by Ronald Callen: Motion by Ellen Sullivan that the City n Attorney s affidavit and to report back to the board at Attorney to obtain more details regarding t the February meeting. MOTION CARRIED 5/0 A discussion was held regarding term expirations for board members. Secretary Slade will research this issue and bring back a draft resolution to the board that would get the term expirations back in sync with the Charter requirements. ADJOURNMENT: y, Meeting Adjourned at 6:15 P.M. Respectfully Submitted, Marilynn Slade, Recording Secretary Date Approved: 2 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING FEBRUARY 8, 2000 - 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. Cal Anderson, Public Member Ellen Sullivan, Public Member Bob Nole, Public Member Lonnie Bennett, Public Member James Walline, Public Member ABSENT: David Kimball, Vice Chair (excused) Dr. Donald Kuiper A QUORUM WAS PRESENT OTHERS PRESENT: Margo Vroman, Asst. City Attorney Marilynn Slade, City Clerk Meeting was called to order at 5:40 P.M. by Ellen Sullivan Motion by Bob Nole to add the following items to the Agenda: Affidavit of Disclosure filed by Christine Van Gilder Opinion issued by City Attorney's Office regarding Claims Review Committee MOTION CARRIED 5/0 SECRETARY'S REPORT: Approval of Minutes: January 11, 2000: Motion by Bob Nole to approve the minutes of the January 11, 2000 as amended to add that James Walline's absence be excused. MOTION CARRIED 5/0 CITY ATTORNEY'S REPORT: None 1 MINUTES: BOARD OF ETHICS MEETING February 8, 2000, 1999 pg. 2 CHAIR'S REPORT: None OLD BUSINESS: Affidavit of Disclosure filed by Ron Callen: Margo Vroman, Asst. City Attorney, distributed an e-mail from Larry Wilhite, Attorney for the Board of Water& Light, regarding Ron Callen's Affidavit of Disclosure. Board members discussed Mr. Callen's Affidavit. The board felt that Mr. Callen was correct in following the advice of Mr. Wilhite to recuse himself from the matter covered in the Affidavit. Motion by James Walline: The Board of Ethics appreciates that Mr. Callen abstained from discussion on green power when it was before the Board of Water&Light and urges him to continue to do so. With this in mind, the Board of Ethics is receiving this Affidavit of Disclosure and placing it on file with no further board action contemplated. MOTION CARRIED 5/0 Affidavit of Disclosure filed by Harold Armour: The City Attorney's Office has not had time to obtain the information requested for this Disclosure so it will be carried forward to the March board agenda. Expiration of Terms for Board Members: The Secretary distributed the results of her office's research into term expirations for board members. Motion by Cal Anderson to send another letter to Councilmember Benavides requesting an appointment to the vacant position for the third ward. MOTION CARRIED 5/0 Motion by Bob Nole to send a letter to Councilmember Allen informing her that there will be a vacancy from the 2"d ward as of 6/30/2000 and that Bob Nole would be willing to consider reappointment to the board and to send a letter to Council President Murphy informing him that there will be a vacancy from the 41h ward as of 6/30/2000. MOTION CARRIED 5/0 2 MINUTES: BOARD OF ETHICS MEETING February 8, 2000, 1999 pg. 3 NEW BUSINESS: Affidavit of Disclosure filed by Christine Van Gilder: Motion by Bob Nole to receive the Affidavit of Disclosure filed by Christine Van Gilder and place it on file with no further board action contemplated. MOTION CARRIED 5/0 City Attorney's Office Opinion regarding the Claims Review Committee: Asst. City Attorney Vroman reviewed an opinion that she drafted in response to a request by the city's Claims Review Committee. Motion by Cal Anderson that the Board of Ethics supports the City Attorney's opinion memo dated February 7, 2000 regarding the Claims Review Committee. MOTION CARRIED 5/0 ADJOURNMENT: Meeting Adjourned at 6:45 P.M. Respectfully Submitted, Marilynn Slade, Recording Secretary Date Approved: 3/14/2000 3 _ .) �i ;�t v• JJ MINUTES r'}' LANSING CITY BOARD OF ETHICS REGULAR MEETING MAY 9, 2000 - 5:30 P.M. TENTH FLOOR CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 5:30 P.M. in the Tenth Floor Conference Room, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: D. Kuiper, M.C., Chair C. Anderson, PhD., Member L. Bennett, Member R. Nole Member J. Walline, Member ABSENT: E. N. Sullivan, Public Member D. Kimball, Vice-Chair A QUORUM WAS PRESENT OTHERS PRESENT: Margo Vroman, Assistant City Attorney Debbie Miner, Chief Deputy City Clerk PUBLIC COMMENT: None APPROVAL OF AGENDA: Motion by Member Nole to approve the Agenda as submitted. MOTION CARRIED 5/0 SECRETARY'S REPORT: APPROVAL OF MINUTES OF: Minutes of March 14, 2000, (The April 11, 2000 Meeting was Canceled for lack of a quorum). Motion by Member Walline to approve the minutes of the March 14, 2000 Meeting as submitted. MOTION CARRIED 5/0 1 ETHICS BOARD MINUTES-MAY 9,2000 Pg.2 COMMUNICATIONS RECEIVED AND SENT SINCE LAST MEETING: Copy of letter sent to Valerie Allen; RECEIVED AND PLACED ON FILE NEXT REGULAR MEETING DATE: June 11, 2000 CITY ATTORNEY'S REPORT: Assistant City AttorneyVroma n reported that she spoke with Harold Armour. In their conversation, he agreed that he would no longer bid on City Contracts. She is amenable to sending Mr.Armour letter detailing their arrangement and requiring his signature in acknowledgment. CHAIR'S REPORT: Chairman Kuiper expressed his conviction that the Board needs to address the Process for filing of Complaints. He has no other report, but thanks Board Members for coming tonight. TABLED ITEMS: Report from the City Attorney on the Affidavit of Disclosure filed by Harold Armour: Motion by Member Nole that the City Attorney draft a letter stating that, pursuant to a conversation between Mr. Armour and Assistant City Attorney Vroman (and stating the date of their conversation), Mr. Armour agrees not to bid on any City Contract, and requesting that Mr. Armour sign in acknowledgment of the agreement. MOTION CARRIED 5/0 OLD BUSINESS: There was no old business NEW BUSINESS: Statements of Financial Interest filed by Louis H. Adado, Joseph Pandy, Jr., Bernard Brantley, Joan Bauer, Andrew George and Linda Sanchez Motion by Member Anderson that the Statements of Financial Interest filed by Councilmembers Adado and Bauer be received and placed on file, and that the Secretary send a letter to them indicating that their Statements of Financial Interest were received and placed on file with no further action contemplated at this time, but that the Board believes that situations may arise from time to time which may require that they closely monitor the provisions of the Ethics Ordinance and consider recusal on matters which may involve the organization to which they belong. MOTION CARRIED 5/0 2 ETHICS BOARD MINUTES-MAY 9,2000 Pg.3 Motion by Member Wall ine to receive and place on file the Statements of Financial Interest from Mr. Brantley, Mr. Pandy, Mr. George and Linda Sanchez, and to send them letters containing the language detailed above. MOTION CARRIED 5/0 Motion by Member Nole to suspend the rules to add a late item to the agenda to allow for discussion of the Complaint Process MOTION CARRIED 5/0 Member Nole stated his belief that the complaint process needs to be amended to provide that the Board will meet immediately following the filing of a complaint, more particularly, on the Tuesday following the filing of a complaint. Member Walline suggested that the Board arrange to have funds appropriated every year, so that if another situation arises in which it is incumbent on the Board to retain outside Counsel, the funding is available to do so. He feels that the Board should concentrate on ways to make their job easier and how to get the funding that they need when they need it. Member Anderson said that he does not think that the City Council has a great understanding of the operations of the Ethics Board. They need to understand that the Board has to maintain confidentiality. The Board should sit down with the Council, so as to help provide them with a better understanding of our rules of procedure. It is up to the Board to educate new Councilmembers regarding the processes that the Board has to follow. He suggested that the Board schedule a work session for discussion of changes to the complaint process and to the statements of financial interest. Chairman Kuiper suggested that a log of ideas for amendment to the complaint process be kept. He wants to be able to gather all Board Members together for discussion of the Ethics Ordinance, particularly the portions governing the filing of complaints. This is a project that should not be undertaken when members of the Board are missing. He requested that the City Clerk add revision of the Ethics Ordinance to the June Agenda and poll Ethics Board Members to sure that everyone will be present at the June meeting. He asked the membership to let him know what areas of the Ethics Ordinance they feel need work. Their focus should center around Section 290.03 on pages 16, 17, and 18 of the Ethics Manual. This will be scheduled for discussion on June 13`h ADJOURNMENT 3 ETHICS BOARD MINUTES-MAY 9,2000 Pg.4 Motion by Member Nole to adjourn. MOTION CARRIED 5/0 Meeting Adjourned at 6:25 P.M. Respectfully Submitted, Deborah K. Miner, Recording Secretary Date Approved: 4 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING JUNE 13, 2000 - 5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 5:36 P.M. in the Tenth Floor Council Conference Room, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: Dr. Donald Kuiper, Chairperson Dr. Cal Anderson, Public Member Ellen Sullivan, Public Member (arr. @ 5:50 PM) Bob Nole, Public Member (arr. @ 5:50 PM) Lonnie Bennett, Public Member James Walline, Public Member ABSENT: David Kimball, Vice Chair A QUORUM WAS PRESENT OTHERS PRESENT: Margo Vroman, Asst. City Attorney Marilynn Slade, City Clerk Patricia Kane, Deputy City Clerk APPROVAL OF AGENDA: Motion by James Walline to approve the agenda as submitted. MOTION CARRIED 4/0 SECRETARY'S REPORT: Approval of Minutes: Motion by James Walline to approve the minutes forthe May 9, 2000 meeting as submitted. MOTION CARRIED 4/0 CITY ATTORNEY'S REPORT: None CHAIR'S REPORT: J `I' MINUTES: BOARD OF ETHICS MEETING June 13, 2000, pg. 2 Chairperson Kuiper informed the board that the election of a new Chairperson and Vice- Chair will be on the July board agenda. He wished to inform board members that he is not interested in serving another term as Chairperson. Ellen Sullivan stated that she will be retiring from Lansing Community College on July 1 S` and will not be able to attend the July board meeting. Since she will be absent for this meeting, she wished to make it clear that she is not interested in serving as Chairperson. She also requested that her work phone number be dropped from the member roster. OLD BUSINESS: Bob Nole mentioned his concern over not receiving a reappointment to the board and his term expiration is coming up. Secretary Slade said she would produce a draft resolution reappointing him to Sandy Allen and ask her to get this approved by City Council. NEW BUSINESS: Affidavit of Disclosure filed by Clifford B. Ansley Motion by Cal Anderson to receive and place on file the Affidavit of Disclosure filed by Clifford B. Ansley as the board sees no conflict between his position in the Public Service Department and his request for funds to rehabilitate his home in the 7 Block area. MOTION CARRIED 6/0 Revision of Ethics Ordinance, Section 290.03 Bob Nole stated that he felt there are three major items that need to be considered with regard to the complaint process outlined in the ethics ordinance: 1/ The board should call a special meeting the next Tuesday following receipt of a complaint to review the complaint(unless the complaint was received on a Monday and proper notice under the Freedom of Information & Open Meetings Act could not be completed) 2/ Monies should be allocated for the Ethics Board to obtain outside legal counsel 3/ If confidentiality has been breached by the complainant,the board should refuse to take up the complaint Cal Anderson stated that he feels the board is placed in an awkward situation regarding complaints in that the complainant can talk about the complaint but the board must 2 MINUTES: BOARD OF ETHICS MEETING June 13, 2000, pg. 3 maintain confidentiality. He feels that the City Clerk should give information to the complainant explaining the need for confidentiality in the complaint process. He likes the suggestion that the board meet more quickly than 30 days to handle a complaint if at all possible. Secretary Slade explained that such a letter is sent to each complainant but since most complaints are received through the mail, many times the complainant has already violated the confidentiality requirements before they receive this letter. If a complaint is filed in person, her Office does inform the complainant of the confidentiality requirements at that time. Lonnie Bennett stated that the last complaint received put the City Attorney in a bad position because he could say nothing about the complaint while the complainant could say anything. James Walline stated that unless the board can meet in a closed session, discussion of a complaint, even by board members, cannot be kept confidential. Assistant City Attorney Vroman responded that the board can only go into a closed session to review a complaint if it meets the provisions of the Freedom of Information & Open Meetings Act. She stated that she felt the board could use provision 290.03 (5) (c)"Failure of the complainant to cooperate in the Ethic Board's review and consideration of the complaint" as a reason for dismissal of a complaint. Cal Anderson stated he still feels the board cannot stop a complainant from releasing information about a complaint but he feels that a letter should still be sent to them which states that a failure to maintain confidentiality compromises the board's ability to be objective. Bob Nole said he can see that a citizen coming in might not know about the confidentiality requirement but a city employee filed the last complaint and he feels the board could clearly have used this provision of the ordinance to dismiss the complaint. Assistant City Attorney Vroman stated that the board would still have had to take up the complaint and follow the process but they could use this section as a reason for dismissal of the complaint. James Walline stated that he questions whether or not this provision (290.03 (5) (c) is even constitutional. He feels that people have freedom of speech to air their grievances. Assistant City Attorney Vroman responded that under administrative law rules regarding 3 MINUTES: BOARD OF ETHICS MEETING June 13, 2000, pg. 4 complaints, complaints have been dismissed in cases where the rules were not followed. James Walline stated he does not see how someone talking about a complaint would necessarily affect the board's ability to review and consider a complaint. Chairperson Kuiper stated he feels the board really cannot do much. He feels the board cannot muzzle the public. He also feels the board should be careful about dismissal of a complaint that has breached the confidentiality requirement as a valid complaint might be rejected. Assistant City Attorney Vroman responded that is why we have the Open Meetings Act because the public and others can sit and listen to the board's deliberation. Bob Nole said he understands that we cannot muzzle the public but in the case of the Chief of Police, if he had not withdrawn his complaint, couldn't the board have dismissed it using this provision? The Chief could have pursued other avenues for this complaint. Regardless of whether or not a complaint is valid, could it be dismissed if confidentiality has been breached? James Walline responded that the Chief did not roll out news cameras regarding his complaint. The complaint was discussed at City Council and Councilmembers were upset because the board could not tell them what was going on. He feels that 290.03 (5) (c) should be only used for a substantial failure to cooperate such as a failure to produce requested documentation or a refusal to be interviewed by the board. Lonnie Bennett stated she thinks Bob's idea about a quicker meeting to discuss complaints is a good one. James Walline stated he thinks the issue was complicated because of the board having to go to City Council to approve the funds for hiring an outside counsel. Bob Nole stated that he does support first amendment rights. He feels that we as a board could, however, advise complainants in a strongly worded letter that failure to follow the confidentiality provisions of the ordinance hinders the boards ability to act and strongly urging them to comply with these provisions. Ellen Sullivan asked if there is a way that, within 7 days following receipt of a complaint, the City Attorney's Office could rule on whether or not the complaint falls within the purview of the ethics ordinance. This would allow the board to respond quickly to complaints that fall into this category, of which there are many. 4 MINUTES: BOARD OF ETHICS MEETING June 13, 2000, pg. 5 Assistant City Attorney Vroman said a process similar to that is used for claims review. The City Attorney's Office initially reviews these to see whether or not it is a legitimate claim and they are then sent to the Claims Review Committee to make a final determination on the matter. Cal Anderson said, as human beings, we have a tendency to believe what we hear in the media and for that reason he feels the board has to be very careful that it does not allow public pressure to affect a decision. The board still has to deal with the facts presented in the case. He feels that the board meeting as quickly as possible to respond to a complaint is a good idea if the board can receive a preliminary report from the City Attorney's Office. Following this discussion, the following motion was made by Ellen Sullivan: The Board of Ethics recommends the following changes to the processing of complaints: 1/ That the board meet the first Tuesday following the filing of a complaint (as long as the complaint is received in time to provide legal notice of the meeting) 2/ That the City Clerk put the funding for legal assistance for the Board of Ethics back in the budget for each year 3/ That the City Clerk will prepare a draft letter that would be given to complainants outlining the need for confidentiality and the steps in processing of a complaint. This letter would contain the wording "failure to maintain confidentiality may impair our ability to render a decision regarding your complaint"and `7t is the board's practice to review each complaint as soon as possible and to have a response within 7 days as to whether or not the complaint is within the jurisdiction of the Board of Ethics. The Board would then investigate the nature of the complaint in order to fully respond to the complaint." That the City Clerk will send this draft to members as soon as possible so any suggestions or revisions can be made and put into a final version before the July meeting. 4/ Following acceptance of a final letter at the July board meeting, the board will send a letter to City Council requesting placement on the agenda for a Committee of the Whole meeting to review the entire complaint process. MOTION CARRIED 6/0 ROUNDTABLE DISCUSSION: 5 MINUTES: BOARD OF ETHICS MEETING June 13, 2000, pg. 6 Motion by Ellen Sullivan that the board acknowledges the three years of service of Chairperson Kuiper and accepts, with regret, his notice that he does not wish to seek re- election as Chairperson. MOTION CARRIED 6/0 ADJOURNMENT: Meeting Adjourned at 6:50 P.M. Respectfully Submitted, Marilynn Slade, Recording Secretary Date Approved: 6 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING JULY 11 , 2000 - 5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 5:36 P.M. in the Tenth Floor Council Conference Room, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: Dr. Donald Kuiper, Chairperson Dr. Cal Anderson, Public Member Bob Nole, Public Member Lonnie Bennett, Public Member James Walline, Public Member ABSENT: Ellen Sullivan, Public Member (Excused) r_ A QUORUM WAS PRESENT 1 CA 7 OTHERS PRESENT: Margo Vroman, Asst. City Attorney Marilynn Slade, City Clerk r rn n> "D APPROVAL OF AGENDA: o Motion by James Walline to approve the agenda as submitted. MOTION CARRIED 5/0 SECRETARY'S REPORT: Approval of Minutes: Motion by Bob Nole to approve the minutes for the June 13, 2000 meeting as amended to change "secrecy" on top line of page 3 to "confidentiality". MOTION CARRIED 5/0 Communications: Receipt of resignation from David Kimball Motion by Bob Nole to express the thanks of the Board of Ethics to David Kimball for his service on the board. The Board regrets to see him go but wishes him well in his future endeavors. MOTION CARRIED 5/0 1 MINUTES: BOARD OF ETHICS MEETING July 11, 2000, pg. 2 CITY ATTORNEY'S REPORT: None CHAIR'S REPORT: No report OLD BUSINESS: Members reviewed a draft copy of a letter that would be sent to individuals filing a complaint with the Board. Assistant City Attorney Vroman stated that no approval of City Council is required for this letter since changes are procedural in nature. Motion by Cal Anderson to approve the draft copy as submitted. MOTION CARRIED 5/0 Motion by Cal Anderson to send a letterto Council President Murphy requesting placement of a review of our complaint process on the Committee of the Whole Agenda. The purpose of the meeting would be to bring City Council up to speed on the procedural steps taken with the complaint process. MOTION CARRIED 5/0 It was agreed that Cal Anderson would represent the Board at this presentation with Bob Nole and James Walline possibly able to attend if they can be notified far enough in advance. NEW BUSINESS: Affidavit of Disclosure filed by Kelly Gram Board members felt there was insufficient information presented in this Affidavit to make a determination. Assistant City Attorney Vroman agreed to call Ms. Gram and ask her some questions regarding her Affidavit and report back to the Board at the next meeting. If the answers she receives are satisfactory, Assistant City Attorney Vroman is authorized to send a letter to Ms. Gram stating that her Affidavit of Disclosure is received and placed on file with no further action anticipated. Cancellation or Rescheduling of August Board Meeting It was left to the discretion of the new Chairperson to call a meeting for August or to cancel the meeting. 2 MINUTES: BOARD OF ETHICS MEETING July 11, 2000, pg. 3 Election of Chairperson and Vice-Chair for the Year July, 2000 - June 30, 2001 Motion by Donald Kuiper to appoint Cal Anderson to serve as Chairperson and Bob Nole as Vice-Chair for the year July 2000 - June 30, 2001. MOTION CARRIED 5/0 BOARD ROUND TABLE A suggestion was made that it would be nice if City Council would present Certificates to members for their service on city boards upon their leaving the board. The Certificate could be signed by the Mayor and Council President and/or the appropriate Ward Councilmember. This is done for all State Board members and would be a nice gesture to thank members for their service. Secretary Slade said she would talk to the Mayor's Office and CityCouncil about such a Certificate. ADJOURNMENT Meeting adjourned at 6:15 P.M. Respectfully submitted, Marilynn Slade Secretary Date Minutes Placed on File: q — 1 - C�C 3 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING SEPTEMBER 12, 2000 - 5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 5:35 P.M. in the Tenth Floor Council Conference Room, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: Dr. Cal Anderson, Chairperson Bob Nole, Vice-Chairperson Lonnie Bennett, Public Member James Walline, Public Member Ellen Sullivan, Public Member ABSENT: Dr. Donald H. Kuiper (Excused) cr, CiD A QUORUM WAS PRESENT OTHERS PRESENT: Margo Vroman, Asst. City Attorney Marilynn Slade, City Clerk APPROVAL OF AGENDA: c7 O Agenda approved as submitted. SECRETARY'S REPORT: Approval of Minutes: Motion by Ellen Sullivan to approve the minutes for July 11, 2000 as submitted. MOTION CARRIED 5/0 CITY ATTORNEY'S REPORT: Assistant City Attorney Vroman discussed Opinion 00-10 which she had given to the Lansing Police Department regarding the D.A.R.E. Program. Motion by Bob Nole to receive this opinion and place it on file with no further action being contemplated by the Board of Ethics and to send a letter to Chief Alley stating that we have received the report from the Assistant City Attorney and are in agreement with the findings of the Opinion. MOTION CARRIED 5/0 Assistant City Attorney Vroman also brought some suggested changes submitted by City 1 MINUTES: BOARD OF ETHICS MEETING September 12, 2000, pg. 2 Attorney Smiertka to the letter that is sent to persons filing complaints: 1. Change the last sentence of paragraph two to change the word may to "will" as follows: "Failure to maintain confidentiality n9ey will impair the Board's ability to render a decision regarding your complaint." 2. Add the following sentence to paragraph two. "Disclosure of complaint and statements concerning it to third parties prior to completion of the Board's investigation will result in a dismissal of the complaint." Lonnie Bennett left the meeting at 6:05 P.M. After discussion on these changes the following motion was made by Bob Nole: To replace the last two sentences of paragraph # 2 with the following sentences which will be in bold and italicized typeface: Until this analysis is received by the Board and a decision is rendered, all information concerning this complaint is to be held in confidence. Failure to maintain confidentiality may seriously impair the Board's ability to render a decision regarding your complaint and may result in dismissal of the complaint. MOTION CARRIED 4/0 CHAIR'S REPORT: Chairperson Anderson reviewed the meeting that the Board had with the Committee of the Whole. He stated that the meeting was congenial and that the Board reviewed the complaint process with the City Councilmembers present. Chairperson Anderson requested Secretary Slade to send a letter to the Mayor reminding him of the need to fill the vacancy on the Board created by the resignation of David Kimball. He also stated that Councilmember Benavides is having difficulty finding an appointee from the third ward. Board members suggested that the city place an item in the newspaper outlining the duties and responsibilities of board members and soliciting applications for all city boards. OLD BUSINESS: Motion by Bob Nole to receive and place on file the affidavit filed by Kelly Gram with no further action contemplated by the Board of Ethics. MOTION CARRIED 4/0 2 MINUTES: BOARD OF ETHICS MEETING September 12, 2000, pg. 3 NEW BUSINESS: Affidavit of Disclosure filed by Rafael Revilla Board members felt there was insufficient information presented in this Affidavit to make a determination. Assistant City Attorney Vroman agreed to contact Mr. Revilla to obtain more information and report back to the Board. The Affidavit will be tabled by the Board until Assistant City Attorney Vroman's report is received. ADJOURNMENT Meeting adjourned at 6:48 P.M. Respectfully submitted, Marilynn Slade Secretary Date Minutes Placed on File: 10/4/00 3 MINUTES f LANSING CITY BOARD OF ETHICS L REGULAR MEETING OCTOBER 3, 2000 - 5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM LANSING CITY HALL The meeting was called to order at 5:35 P.M. in the Tenth Floor Council Conference Room, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: Dr. Cal Anderson, Chairperson Bob Nole, Vice-Chairperson Lonnie Bennett, Public Member James Walline, Public Member ABSENT: Dr. Donald H. Kuiper (Excused) Ellen Sullivan (Excused) A QUORUM WAS PRESENT OTHERS PRESENT: Margo Vroman, Asst. City Attorney Marilynn Slade, City Clerk Linda Adams, Deputy City Clerk Carol Wood, Councilmember At-Large PUBLIC COMMENT: Councilmember Wood distributed a letter from Murdock Jemerson, Director of Parks and Recreation; a copy of the Opinion of City Attorney Smiertka regarding the Sale of Genesee Park Property; and a copy of the City Council resolution of January 10, 1983 regarding this property. She stated that the playground equipment that was at Genesee Park was in deteriorated condition and was already scheduled to be replaced. The Genesee Neighborhood Association asked the administration to look into removing this equipment and putting the new playground equipment at the Black Child and Family Institute. It was the decision of the Parks Director to remove the signage for Genesee Park. The administration was also asked to determine whether or not Genesee Park was parkland that should be put to a vote of the public before it could be sold and received an answer from City Attorney Smiertka that it was not dedicated parkland and did not have to go to a public vote. Regarding the allegations made about the two public nuisance hearings, Councilmember Wood stated she does not apologize for being an advocate for neighborhood issues. She works very actively on neighborhood issues with the Lansing Police Department in the same manner as any other citizen of Lansing might address these issues. 1 MINUTES: BOARD OF ETHICS MEETING October 3, 2000, pg. 2 APPROVAL OF AGENDA: City Clerk Slade added the following items to the agenda: -Copy of letter sent to Mayor Hollister regarding replacement for David Kimball -Copy of letter sent to Police Chief Alley regarding D.A.R.E. Opinion -Format of letter sent to person named in a Complaint (requested by Bob Nole at 9/12/00 board meeting) Agenda was approved with these additional items added. SECRETARY'S REPORT: Approval of Minutes: Motion by James Walline to approve the minutes for September 12, 2000 as submitted. MOTION CARRIED 4/0 CITY ATTORNEY'S REPORT: Assistant City Attorney Vroman discussed her Initial Legal Analysis regarding Complaint #2000-001 filed by Christine Timmon. In reviewing this complaint, she found there were three allegations made. With regard to the allegation that Councilmember Wood had a conflict since she has been lobbied by the Greater Lansing Housing Coalition and the Genesee Neighborhood Association,Assistant City Attorney Vroman stated that she does not find any violation of the ethics ordinance or the state statute in this allegation. In fact, lobbying is a recognized activity in the political arena. Regarding the allegation that Councilmember Wood influenced City employees to remove playground equipment from Genesee Park, Assistant City Attorney Vroman stated she called Murdock Jemerson, Parks Director, who assured her that no such request was made by Councilmember Wood. Regarding the allegation that Councilmember Wood retaliated against people who signed a neighborhood petition by turning the petition over to the Police Department, Assistant City Attorney Vroman stated that she contacted individuals at LPD who assured her that they had no knowledge of a request by Councilmember Wood to investigate people who signed this petition. Councilmember Wood then stated that she wanted to clarify this third allegation. She 2 MINUTES: BOARD OF ETHICS MEETING October 3, 2000, pg. 3 stated that she did turn some of the names on this petition over to Detective Ron Seyka who is the Housing Detective for the Lansing Police Department. She did so because she recognized two or three of the signers as individuals whom the Detective had been trying to locate. CHAIR'S REPORT: Chairperson Anderson thanked Assistant City Attorney Vroman for her Analysis and thanked Councilmember Wood for her testimony. OLD BUSINESS: Affidavit of Disclosure filed by Rafael Revilla: Assistant City Attorney Vroman stated that she was able to talk to Mr. Revilla this afternoon and that he told her he was a full time pump operator with the Board of Water and Light and that his current position does not involve any work with locks. In the course of his duties, however, he did note that there were many problems with locks around the Board of Water and Light and he brought these problems to the attention of the Board. The Board sent out bids to companies to do locksmith work for them and, since Mr. Revilla has an outside locksmithing business, he submitted a bid. He was the low bidder and was awarded a three year contract with the Board to do this locksmith work. Assistant City Attorney Vroman told him that he was obligated under the Ethics Ordinance and City Charter provisions to submit an Affidavit of Disclosure to the Board of Ethics ten days prior to soliciting, bidding or, or entering into a Contract not after the contract is issued as happened in this case. Assistant City Attorney Vroman said that Mr. Revilla told her he was not aware of these requirements at the time. Assistant City Attorney Vroman stated that State Statute MCLA 15.322 (2) clearly states that a public servant shall not directly or indirectly solicit any contract between the public entity of which he is an employee and himself. Ethics Ordinance 290.040) prohibits employees from engaging in a business transaction in which the employee may profit from his or her official position or authority, or benefit financially from confidential information which the employee has obtained by reason of his position or authority. Mr. Revilla is clearly in violation of both these provisions of law. She does not feel that Mr. Revilla engaged in any purposeful fraud as he was unaware of the requirements of the Statute and the Ordinance. Following discussion of this matter, the following motion was made: By James Walline: 3 MINUTES: BOARD OF ETHICS MEETING October 3, 2000, pg. 4 The Board of Ethics recommends invalidation of the contract between Rafael Revilla and the Board of Water and Light. ROLL CALL VOTE: Yeas: Anderson, Bennett, Nole, Walline Nays: None MOTION CARRIED The Board further requested Secretary Slade to send a letter to Mr. Revilla stating this finding and telling him that a letterwill be sent to the Board of Water and Light CEO Joseph Pandy and Attorney Larry Wilhite including this recommendation. The Board also requested that the letter to CEO Pandy and Attorney Wilhite include the disappointment of the Board that employees are not being made aware of the provisions and requirements of the Ethics Ordinance. Members felt that the Purchasing Department of the Board of Water and Light should especially be made aware of these provisions so they are not issuing contracts that are in violation of State Statute and the Ethics Ordinance. NEW BUSINESS: Complaint No. 2000-001: Members discussed the issues in this complaint and the following motion was made: Motion by James Walline: That complaint #2000-001 submitted by Christine Timmon fails to set forth any ethical conduct or misconduct over which the Board of Ethics has jurisdiction and moves to dismiss this complaint. ROLL CALL VOTE: Yeas: Anderson, Bennett, Nole, Walline Nays: None MOTION CARRIED BOARD ROUND TABLE Chairperson Anderson stated that he wished to thank Bob Nole for suggesting the changes to the complaint process which he feels have been very helpful. 4 MINUTES: BOARD OF ETHICS MEETING October 3, 2000, pg. 5 ADJOURNMENT Meeting adjourned at 6:30 P.M. Respectfully submitted, Marilynn Slade Secretary Date Minutes Placed on File: 5 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING NOVEMBER 14, 2000 - 5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 5:35 P.M. in the Tenth Floor Council Conference Room, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: Dr. Cal Anderson, Chairperson Bob Nole, Vice-Chairperson Don Kuiper, M. D., Member Ellen Sullivan, Member ABSENT: Lonnie Bennett (Excused) James Walline (Excused) A QUORUM WAS PRESENT OTHERS PRESENT: Margo Vroman, Asst. City Attorney Marilynn Slade, City Clerk Linda Adams, Secretary to City Clerk PUBLIC COMMENT: There was no public comment. APPROVAL OF AGENDA: Chairperson Anderson stated he wished to add to the Agenda an expression of thanks to retiring City Clerk Slade for her service on the Board. Chairperson Anderson also added for discussion his preference that board communications which are sent expressing the outcome of a matter before the board not contain the name of the member who made the motion. Agenda was approved with these additional items added. Chairperson Anderson and board members expressed their thanks to City Clerk Slade for her years of service as Secretary to the Board. SECRETARY'S REPORT: 1 MINUTES: BOARD OF ETHICS MEETING November 14, 2000, pg. 2 Approval of Minutes: Motion by Bob Nole to approve the minutes for October 3, 2000 as submitted. MOTION CARRIED 3/0 with one abstention (Ellen Sullivan was not present at the 10/3/2000 meeting). CITY ATTORNEYS REPORT: Assistant City Attorney Vroman reported that she had a discussion with the Board of Water & Light regarding the Rafael Revilla Affidavit of Disclosure. She stated that the personnel who issued this contract were unaware that Mr. Revilla was an employee of the Board of Water& Light. The Board has assured her that they are going to nullify this contract with Mr. Revilla. Assistant City Attorney Vroman also reported that Board of Water & Light Attorney Larry Wilhite informed her that there is pending legislation in the State Legislature that would possibly override local ethics ordinances. In this legislation, the State Board of Ethics would receive filings of Statements of Financial Interest, not local boards. Chairperson Anderson asked board members to review this matter so that the board might send their concerns to newly-elected State Representative Michael Murphy. Assistant City Attorney Vroman reported that she has been informed by City Attorney Smiertka that someone else from that office will be serving Office on the Board of Ethics. She has been re-assigned to work with the Planning&Municipal Development Department full time. Board members expressed their thanks to Assistant City Attorney Vroman for her service to the board. CHAIR'S REPORT: Chairperson Anderson reported that he has contacted the Mayor's Office to express the board's concern over the Mayoral-appointed vacancy on the board as the result of the resignation of David Kimball. OLD BUSINESS: There was no old business. NEW BUSINESS: 2 MINUTES: BOARD OF ETHICS MEETING November 14, 2000, pg. 3 Affidavit of Disclosure filed by Sharon Dade: Members discussed the issues in this complaint and the following motion was made To receive and place on file the Affidavit of Disclosure filed by Sharon Dade with no further board action contemplated. Further, to express to Ms. Dade the thanks of the board for her taking pre-emptive action in bringing this matter to the attention of the board. MOTION CARRIED 4/0 Affidavit of Disclosure filed by Dane W. Stuible: Board members discussed this Affidavit and came to the conclusion that too little information was present to be able to make a determination. Assistant City Attorney Vroman was asked to contact this individual to obtain more detail regarding this Affidavit and report back at the December board meeting. BOARD ROUND TABLE A discussion was held on the format of the Affidavit of Disclosure and that it needed to be revised to include, supervisor's name, supervisor's phone number, employee's phone number, revision number and revision date, and other pertinent information. Bob Nole volunteered to work on a revision to this form. Board members agreed that they would like all communications sent regarding board decisions to not include the name of the board member who made the motion on the matter. ADJOURNMENT Meeting adjourned at 6:20 P.M. Respectfully submitted, Marilynn Slade Secretary 3