HomeMy WebLinkAbout2001 Ethics Minutes -All CITY OF LANSING BOARD OF ETHICS
PROPOSED SCHEDULE FOR 2001
The Board of Ethics will meet on the Second Tuesday of each Month at 5:30 P.M. as
follows:
Tuesday, January 9, 2001
Tuesday, February 13, 2001
Tuesday, March 13, 2001
Tuesday,April 10, 2001
Tuesday, May q, 2001
Tuesday, June 12, 2001
Tuesday, July 10, 2001
Tuesday, August 14, 2001
Tuesday, September 11, 2001
Tuesday, October 9, 2001
Tuesday, November 13, 2001
Tuesday, December 11, 2001
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MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
JANUARY 9, 2001 - 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
James Walline
ABSENT: Don Kuiper, M. D., Member, Excused
Ellen Sullivan Ph.D., Member, Excused
A QUORUM WAS PRESENT
OTHERS PRESENT: Jack Roberts, Asst. City Attorney
Debbie Miner, Acting City Clerk
Linda Adams, Secretary to City Clerk
PUBLIC COMMENT:
There was no public comment.
APPROVAL OF AGENDA:
Chairperson Anderson asked that the Agenda be amended by adding revision of the
Affidavit of Disclosure under Old Business. Motion by Vice Chair Nole to approve the
agenda as amended.
MOTION CARRIED 4/0
SECRETARY'S REPORT:
Approval of Minutes: Member Walline asked that the minutes of the November 14, 2000
Meeting be amended to show his absence as excused. Motion by Vice Chair Nole to
approve the minutes for November 14, 2000 as amended
MOTION CARRIED 4/0
MINUTES: BOARD OF ETHICS MEETING JANUARY 9, 2001, pg. 2
CITY ATTORNEWS REPORT:
Attorney Roberts introduced himself to the Board and announced that He will be replacing
Margo Vroman as Legal Counsel on the Board. He reported on behalf of Ms.Vroman,that
she spoke with Mr. Stuible regarding his affidavit of disclosure and what He proposes to
do. He is a Maintenance Supervisor at the Board of Water & Light. He does not receive
specific information in advance that could be considered confidential regarding whether a
contract would be available to embroider Board of Water & Light clothing. Therefore he
would receive no insider information regarding the disclosure he has made. Bids would
be let and he would submit a bid in a blind bid process.
Motion by Vice Chair Nole that "the Board receive and place on file the Affidavit of
Disclosure filed by Dane Stuible with no further board action contemplated. Further, to
express to Mr. Stuible the thanks of the board fortaking such pre-emptive action in bringing
this matter to the attention of the Board.
MOTION CARRIED 4/0
CHAIR'S REPORT:
Chairman Anderson did not make a report.
OLD BUSINESS:
Revision of the Affidavit of Disclosure: Vice Chairman Nole submitted draft#1 of a revised
Affidavit of Disclosure for the Board's discussion.
Member Walline suggested that the affidavit include the language; "please describe in
detail the goods or services that you contemplate providing to the City," and to add a box
to the form that would relate to "other."
City Attorney Roberts suggested that the form contain a place for the employees address
and business and home telephone numbers, so that if the form comes to the board
incomplete, it would be easier to contact the person.
The Board requested that the City Attorney and the City Clerk work together to revise the
proposed draft from Vice Chairman Nole, and they thanked Mr. Nole for his efforts on
behalf of the Board in drawing up this, much improved affidavit.
NEW BUSINESS:
2
MINUTES: BOARD OF ETHICS MEETING JANUARY 9, 2001, pg. 3
Complaint#2001(b): Chairman Anderson asked Mr. Cervantes to explain the nature of his
complaint. Mr. Cervantes reported having made several complaints to Media One in the
past about a specific cable access television show. Their response to him has been that
they do not have bilingual staff representatives available to monitorthe content of the cable
access show that is the subject of his complaint. He stated that this show is produced by
Guillermo Lopez, a City Employee, and that the show makes commercial announcements
of dances and events within the community on a weekly basis. This show advertises
dances at the L.A. Globe and at other locations around the City. His point is that these
dances are not non-profit events. They are commercial in nature. Mr. Cervantes further
stated that at a show that aired on November 29, 2000 entitled "Dia De Los Muertos" in
celebration of the lives of loved ones who have passed away in the community, Mr. Lopez
announced the recent loss of Mr. Cervantes' mother and her picture was shown on the air.
Further, the show expressed condolences to his eldest brother and "the rest of the
Cervantes Family." Mr. Cervantes was offended that his name was not mentioned. He is
well known by Mr. Lopez. He feels this as a slight that came at a very difficult time in his
life while he was dealing with the death of his mother. Additionally he feels that his radio
show has been passed over in favor of announcements for other community events by this
cable television show. If this individual wants to produce a television show that is good for
the community, it should be fair and treat all members of the community with dignity. He
was ignored by this show and it hurt him. He has had other disagreements with the
producer of this show. There have been other events of interest connected to him that this
show has failed to announce. He stated that another, impartial member of the community
made representations to him about derogatory statements made by Mr. Lopez during a
conversation concerning his (Cervantes) request that Mr. Lopez announce some of his
initiatives on the cable television show he produces. He accused Mr. Lopez of trying to get
him fired from WKAR Radio.
Guillermo Lopez, Equal Opportunity Specialist with the Human Relations and Community
Services Department, submitted copies of a letter from June Villegas denying allegations
made by Mr. Cervantes. The show to which Mr. Cervantes refers is translated as "Day of
Death" it is a tradition in Mexico which is less well known in the U.S. Michigan State
University has a group that for the past few years has put on a March celebrating the Dia
De Los Muertos. He thought he would highlight this celebration on his Cable Access
Television Show "Raices De La Raza" to celebrate the cultural diversity within the
community. He talked about Mr. Cervantes' Mother and showed her picture. He knew her
through a Church association later in her life. He did not intend any slight towards Mr.
Cervantes. If he did offend Mr. Cervantes, it was unintentional. They tape his show twice
per month and he announces upcoming events and activities, when they will take place
and where they will take place, when he is aware of these activities. They do not worry
about whether the activities are for profit or, not for profit, theyjust announce the activities
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MINUTES: BOARD OF ETHICS MEETING JANUARY 9, 2001, pg. 4
dealing with their culture to be of service to the community. They invite many guests to
appear. Some cannot come, some do. They feature Hispanic businesses that are in this
community. They have had local politicians, local businesses and other local Hispanics
in the public eye. They comply with the rules of public access programming. This field is
highly unregulated, but He is consistent about following the regulations they do have when
putting on his show. He believes that this complaint is of a personal nature and baseless
before the Board of Ethics.
Vice Chair Nole asked if there is any chance that these two parties may come to an
agreement.
Mr. Cervantes said that everything is possible. He then reiterated his complaint against
Mr. Lopez.
Member Walline expressed sympathy to Mr. Cervantes on the loss of his mother. He too,
has recently lost a parent and knows how Mr. Cervantes feels. The function of this Board
is to investigate allegations of violations of the Code of Ethics by City Employees. What
Mr. Cervantes alleges would have to be within the scope of his employment with the City
and how that impacts the show. It has to be something related to his employment here.
Mr. Cervantes said that because of the agreement between the City and the Cable
Company, the show is publically funded. The City Department that Mr. Lopez works for,
the Human Relations and Community Services Department is charged with keeping the
community together. If Mr. Lopez knew that he did not want to mention Mr. Cervantes'
name, or his wife's name on his tv show, he should not have mentioned anyone in the
family. They attend the same Church, but Mr. Lopez is up front at the Church too.
Mr. Walline asked Mr. Cervantes if it is his feeling that Mr. Lopez should not be operating
a cable show at all because he is a City employee? Mr. Cervantes answered "no."
Chairman Anderson told Mr. Cervantes that it is their job to find out how Mr. Lopez' failure
to mention Mr. Cervantes and his wife's name on his show is within the scope of the duties
of the Board of Ethics. Mr. Cervantes said that in his reading of the ethics booklet he finds
this complaint within the jurisdiction of the Board. Mr. Anderson asked Mr. Cervantes to
explain his allegation that the cable access show in some way allows Mr. Lopez to profit
from the way that he does or does not handle announcements.
Member Walline asked Mr. Lopez if he has any financial interest, ownership interest, or
stock in any business that he promotes on this television show. Mr. Lopez answered, "no."
This show is done on his own time, after work hours. There is no correlation between his
job and the show. He uses his own equipment and his own time, for which he does not get
4
MINUTES: BOARD OF ETHICS MEETING JANUARY 9, 2001, pg. 5
paid. He does not see that his employment with the City has anything to do with the show.
City Attorney Roberts directed Mr. Cervantes attention to page 18 of the Ethics Manual and
asked which of the subsections he feels Mr. Lopez to be in violation of. Mr. Cervantes
responded that he has read the sections, but he does not feel that there are any sections
that apply to this situation. Mr. Lopez announces for profit dances with Juve Aldaco. He
does not profit by money, but Mr. Aldaco is Mr. Lopez's friend. Mr. Roberts asked Mr.
Cervantes if Mr. Aldaco has any involvement with the L.A. Globe? Mr. Cervantes
responded, "no." Mr. Aldaco is a band member. Mr. Roberts asked Mr. Cervantes what
the Lopez/Aldaco relationship is. Mr. Cervantes said they are business partners and
friends. Mr. Roberts asked Mr. Cervantes if he believes that Mr. Aldaco provides money
or goods or something other than friendship to Mr. Lopez. In other words, is it your
concern that Mr. Lopez announces dances and functions at the L.A. Globe in return for
announcements at the L.A. Globe that benefit Mr. Aldaco? Mr. Cervantes said that if Mr.
Lopez wants to help the community by making these announcements, he should not make
just certain announcements. He should make all announcements every week, in total. He
should be helping the community 100%, not just one or two businesses.
Mr. Lopez said that Mr. Cervantes has a radio program. He can make these
announcements too. He apologized to Mr. Cervantes for neglecting to mention him by
name on the Dia De Los Muertos program. He promised to do his very best to make his
announcements complete. He does not feel this complaint is in the jurisdiction of the
Board of Ethics. He works for the City. He does this tv show all on his own. It is a lot of
headaches and extra work, but he does it to benefit his community.
Chairman Anderson informed the principals in this complaint that the Board will notify them
as to whether it finds the complaint to be within the parameters of the Boards charge, and
as to what remedy they will seek if they find it to be so. The Board will consult with the City
Attorney in this pursuit. He wished them both the best of luck.
Vice Chair Nole asked Mr. Roberts for an assessment of this situation. Mr. Roberts said
that he asked questions to try to determine whether information could be uncovered that
would cause the complaint to fall within the provision of the ethics ordinance. No such
information was uncovered.
Chairman Anderson asked Mr. Walline for an opinion from another legal mind. Mr. Walline
said that it is his opinion that this complaint is not within the scope of the Board's
jurisdiction because there is no link between Mr. Lopez' television show and his job with
the City.
Member Bennett said that it looks as if Mr. Cervantes has hurt feelings. That is not
5
MINUTES: BOARD OF ETHICS MEETING JANUARY 9, 2001, pg. 6
something the Board can, or should deal with.
Attorney Roberts said that he does not see anything that the complaint states that is within
the jurisdiction of this Board.
Chairman Anderson summarized, it appears to be the consensus of the Board that the
complaint should be dismissed for lack of jurisdiction, as recommended by the City
Attorney, and he will entertain a motion for dismissal.
Motion by Vice Chair Nole that Complaint#2001(b) be dismissed for lack of jurisdiction, as
recommended by the City Attorney.
MOTION CARRIED 4/0
Attorney Roberts said that the Attorney's Office is generally involved in criminal matters,
but they have had contact with Conflict Resolution Services of Central Michigan, a group
that has come to their office and asked that, if they get knowledge of matters of disputes
wherein people could benefit from mediation efforts, to please refer to them. As the Board
sees this issue as something outside of their jurisdiction, is the situation such that they
would be interested in referring it for mediation. Chairman Anderson said that it is outside
the jurisdiction of the Board, but since Mr. Roberts is the Attorney for the Board, if he feels
that it would be appropriate for the City Attorney's Office to make this recommendation,
and he seconds that suggestion. He thanked Attorney Roberts for his initiative on the
Board's behalf. He directed the City Clerk to advise both parties of the Boards decision
and make them aware of the availability of mediation at that time.
MOTION CARRIED 4/0
Affidavit of Disclosure filed by Dane W. Stuible:
This issue was discussed and handled under "City Attorney's Reports."
BOARD ROUND TABLE
Chairman Anderson asked the City Clerk to send a letter of appreciation to Assistant City
Attorney Vroman thanking her for her service to the Board and letting her know that she
will be missed.
ADJOURNMENT
Meeting adjourned at 6:50 P.M.
Respectfully submitted,
6
MINUTES: BOARD OF ETHICS MEETING JANUARY 9, 2001,pg. 7
Debbie Miner
Recording Secretary
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
FEBRUARY 13, 2001 - 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. Cal Anderson, Chairperson
Lonnie Bennett
Ellen Sullivan, Ph.D.
James Walline
ABSENT: Bob Nole, Vice-Chairperson (Excused)
Dr. Donald Kuiper
A QUORUM WAS PRESENT
OTHERS PRESENT: Jack Roberts, Asst. City Attorney
Steve Dougan, City Clerk
Debbie Miner, Chief Deputy City Clerk
Linda Adams, Secretary to City Clerk
Sharon Dade, Deputy Director of Personnel
Pete Coscarelli, Safety Administrator
PUBLIC COMMENT:
Sharon Dade inquired as to the status of the Affidavit of Disclosure filed by Mr. Pete
Coscarelli, Safety Administrator in the Personnel Department. They had anticipated that
the affidavit would be taken up by the Board at tonight's meeting. Deputy City Clerk Miner
expressed apologies to Mr. Coscarelli and indicated that his Affidavit would be on the
agenda for the March 13, 2001 meeting instead.
APPROVAL OF AGENDA:
Motion by Member Sullivan to amend the agenda by adding four items as follows;
1. Affidavit of Disclosure filed by Dody Hinton, Seasonal Maintenance Worker for the
Parks and Recreation Department
2. Affidavit of Disclosure filed by Philip Sabon, EMS Coordinator with the Fire
1
MINUTES: BOARD OF ETHICS MEETING FEBRUARY 13, 2001, pg. 2
Department
3. Request that her absence, along with the absence of Dr. Kuiper, be excused from
the January 9, 2001 Board Meeting
4. Receipt of her statement of appreciation and accolades to Dr. Anderson in
recognition of his receipt of the Bea Christy Award,
and that the agenda be approved as amended.
MOTION CARRIED 4/0
SECRETARY'S REPORT:
Approval of Minutes: Motion by Member Sullivan to correct the Minutes of the January
9, 2001 Board meeting to add the names of Mr. and Mrs. Chayo Cervantes and Guillermo
Lopez under the category of"others present."
MOTION CARRIED 4/0
Motion by Member Walline to approve the minutes as amended.
MOTION CARRIED 4/0
Communications received and sent since last meeting:
1. Copy of letter sent to Dane Stuible of the BW&L regarding his Affidavit of Disclosure
RECEIVED AND PLACED ON FILE
2. Copies of letters sent to the principals in Complaint # 0001(b)
RECEIVED AND PLACED ON FILE
3. Copy of letter sent to Margo Vroman, Former Legal Advisor to the Board
RECEIVED AND PLACED ON FILE
4. Copy of letter sent to Councilmember Tony Benavides re: Board Vacancies
RECEIVED AND PLACED ON FILE
2
MINUTES: BOARD OF ETHICS MEETING FEBRUARY 13, 2001, pg. 3
5. Copy of letter sent to Mayor Hollister re: Board Vacancies
RECEIVED AND PLACED ON FILE
6. Affidavit of Disclosure filed by John H. Kloosterman, Plan Review Analyst with the
Building Safety Division of the Planning and Neighborhood Development
Department
SEE CITY ATTORNEY'S REPORT
7. Statement of Financial Interest filed by Steve Dougan City Clerk Appointee
RECEIVED AND PLACED ON FILE (SEE CITY ATTORNEY'S REPORT)
8. Statement of Financial Interest filed by Kris Nicholoff, City Council Appointee
RECEIVED AND PLACED ON FILE (SEE ATTORNEY'S REPORT)
9. Opinion of the State of Michigan Court of Appeals in the Matter of Terry J. McKane
and James D. Blair V City of Lansing
RECEIVED AND PLACED ON FILE
10. Resolution of Appointment of Connie Marin to the Board of Ethics for a Term to
Expire 2-20-2002
RECEIVED AND PLACED ON FILE
11. Letter to Newly Appointed Member, Connie Marin
RECEIVED AND PLACED ON FILE
12. Revised Membership Roster
RECEIVED AND PLACED ON FILE
CITY ATTORNEY'S REPORT:
1. Affidavit of Disclosure filed by John H. Kloosterman, Plan Review Analyst with
the Building Safety Division of the Planning and Neighborhood Development
Department;
3
MINUTES: BOARD OF ETHICS MEETING FEBRUARY 13, 2001, pg. 4
Mr. Roberts reported speaking with John H. Kloosterman about the types of reviews he
performs and the work he does. Mr. Kloosterman has stated that 90% of the reviews he
performs involve commercial buildings and multiple residence housing, such as apartment
buildings, with the greatest part of his work involving commercial buildings. His private
work is with single family residential uses. He has a residential builders license. He further
stated that he does hire sub-contractors as a residential builder, particularly with regard to
the building of kitchen cabinets,woodworking, and mechanical systems such as plumbing,
heating and electrical. When asked if these subcontractors are individuals who would be
submitting work and/or permits that he may be required to perform reviews on, he
answered in the negative. They would not be submitting residential work or permits to the
Lansing Building Safety Division, nor have they ever submitted residential work or permits
to the Lansing Building Safety Division for review, nor do they contract for commercial
buildings at all. All of his residential building takes place outside the jurisdictional
boundaries of the City of Lansing.
Motion by Member Walline that the Secretary send a letter to Mr. Kloosterman stating:
"The Board of Ethics thanks you for the statement of clarification that you
submitted regarding your work as a Plan Review Analyst for the City. It is the
consensus of the Board that as long as your remodeling work remains
outside of the natural and territorial jurisdiction of your duties as a Plan
Review Analyst,the Board does not see a conflict of interest involved with your
employment as a part time instructor at LCC."
MOTION CARRIED 4/0
2. Statement of Financial Interest filed by Steve Dougan City Clerk Appointee
Mr. Roberts reported discussing this filing with the City Clerk. Their discussion involved
Mr. Dougan's answer to item VI on page 4 of the statement. He reported informing Steve
that his disclosure should be amended to include a broader description that would include
licenses and/or permits that have been issued to him by the City.
Motion by Member Walline that the Board hold the statement of financial interest filed by
Steve Dougan pending an investigation of his failure to make a full disclosure regarding
his rental property holdings in part VI as requested by the City Attorney.
MOTION FAILED BY THE FOLLOWING VOTE:
YEAS: 1
4
MINUTES: BOARD OF ETHICS MEETING FEBRUARY 13, 2001, pg. 5
NAYS: 2
ABSTAIN: 1
Chairperson Anderson called for a 5 minute recess at 6:30 P.M. and reconvened the Board
Meeting at 6:35 P.M., at which time an amended statement of financial interest was
submitted by the City Clerk. Chairperson Anderson accepted the amended statement and
called for the reconsideration of the matter.
Member Sullivan asked the City Clerk if there were any businesses in part VI I I that involves
the City of Lansing or it's employees. Mr. Dougan answered that he does perform contract
business with individual city of Lansing Employees for retirement planning. These
arrangements were all made prior to his appointment to the position of City Clerk, that he
did not solicit these arrangements, and that he will not solicit business from any City Clerk's
Office employees during the course of this year.
Motion by Member Sullivan that Deputy City Clerk Miner write a letter to Mr. Dougan
informing him that his statement of financial interest has been received and placed on file
and that "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 cause you to closely monitor the
provisions of the Ethics Ordinance and consider recusal on matters which may involve the
organizations with which you are involved."
MOTION CARRIED 4/0
3. Statement of Financial Interest filed by Kris Nicholoff, City Council Appointee
Motion by Member Sullivan to receive and place on file the statement of financial interest
filed by Councilmember Nicholoff with no further action contemplated at this time. And that
the City Clerk write Councilmember Nicholoff a letter thanking him for submitting the
statement to the Board and stating that:
"after careful consideration the Board of Ethics has reached a consensus that
it does not see a conflict of interest with your association with the American
Dental Association or with your association with the Detroit Lions, so long
as the Lions do not move into Lansing. "Further,"that "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 cause you to closely monitor
the provisions of the Ethics Ordinance and consider recusal on matters which
5
MINUTES: BOARD OF ETHICS MEETING FEBRUARY 13, 2001,pg. 6
may involve the organizations with which you are involved."
MOTION CARRIED 4/0
Mr. Roberts reported to the Board on further developments regarding a proposed State
Ethics Agency. It is felt that even if the State adopted such legislation, the proposed
agency would not supplant local Boards like the Ethics Board, rather it would require them
to adopt rules complying with the State's rules and still allow them to continue handling
matters at the local level.
CHAIR'S REPORT:
The Chair did not give a report.
OLD BUSINESS:
1. Revision of the Affidavit of Disclosure (draft 2)
The Board made several suggestion for corrections/clarifications to Draft 2 of the Affidavit
and requested that the City Clerk bring Draft 3 to the March 13, 2001 Board Meeting.
2. Approval of Ethics Board Meeting Schedule for Calendar Year 2001
Motion by Member Bennett to approve the calendar for Board Meetings for 2001
MOTION CARRIED 4/0
NEW BUSINESS:
BOARD ROUND TABLE
Member Sullivan congratulated Dr. Anderson on his selection as the Bea Christy Award
Winner.
ADJOURNMENT 7:30 P.M.
Respectfully submitted,
Debbie Miner, Recording Secretary
6
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
MARCH 13, 2001 - 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. Cal Anderson, Chairperson
Bob Nole, Vice-Chairperson
Connie Marin
Ellen Sullivan, Ph.D.
James Walline
ABSENT: Lonnie Bennett, Excused
Dr. Donald Kuiper, Excused
A QUORUM WAS PRESENT
OTHERS PRESENT: Jack Roberts, Asst. City Attorney
Steve Dougan, City Clerk
Debbie Miner, Chief Deputy City Clerk
Linda Adams, Secretary to City Clerk
PUBLIC COMMENT: There were no Public Comments
APPROVAL OF AGENDA: Motion by Vice Chair Nole to approve the agenda as
presented/amended
MOTION CARRIED 5/0
SECRETARY'S REPORT
Approval of Minutes: Chairperson Anderson noted that Member Marin is listed as absent in
the minutes of February 13, 2001. He asked that her name be removed from the list of
members forthe February meeting as she was unable to accept her appointment until March
2001. Chairperson Anderson also requested that Member Noles absence be marked as
excused in the minutes from that meeting.
Motion by Member Sullivan that a correction be made in the minutes of the February meeting
as they refer to statements made by John Kloosterman about his activities as a residential
builder; to accurately reflect that he hires subcontractors for mechanical systems such as
MINUTES: BOARD OF ETHICS MEETING MARCH 13, 2001, pg. 2
plumbing, heating and electrical; and to correct the motion by Member Walline to read as
follows:
"The Board of Ethics thanks you for the statement of clarification that you submitted
regarding your work as a Plan Review Analyst for the City. It is the consensus of the
Board that, as long as your remodeling work remains outside of the natural and
territorial jurisdiction of your duties as a Plan Review Analyst, the Board does not
see a conflict of interest involved with your city employment. Further the Board does not
see a conflict with regard to your employment as a part time instructor at LCC "
and that a corrected letter be sent to Mr. John Kloosterman to reflect the motion in it's
entirety; and that the minutes of February 13, 2001 be approved as corrected.
MOTION CARRIED 5/0
COMMUNICATIONS RECEIVED AND SENT SINCE THE LAST MEETING
1. Affidavit of Disclosure filed by Chief Deputy City Attorney Jack Jordan; Attorney Roberts
reported speaking with Mr. Jordan. He has information to relay from Mr. Jordan. Mr. Jordan
has imparted this information to him because they are colleagues. He is not comfortable
saying to the Board that they do, or do not, have a conflict situation in front of them. This
affidavit was prompted because of a home damaged by fire in August of 1999 that belonged
to Mr. Jordan's sister. Initially Mr. Jordan had a power of attorney regarding this house and
his sister's affairs. The power of attorney expired in November of 2000. The house,
because of the fire damage, has been subject to the City of Lansing Demolition Hearing
process before the Demolition Board and the City Council. The Council passed a resolution
requiring that the house be demolished or, made safe. Before the date for resolution of the
matter, the issue was brought back before the City Council because someone had indicated
an interest in purchasing the house and repairing it. The resolution passed by Council gave
the owners a 60 day time frame to repair or demolish the structure. Within that 60 day time
frame another person came forward and stated their interest in purchasing the house in
order to repair it. The house belongs to the sister of a city employee. Because Council is
considering a new resolution to extend the time allotted for repair or demolition so as to allow
the new person an opportunity to purchase the house and take action towards rehabilitation
of it, and because Mr. Jordan had prior contact regarding this property and because the
house currently belongs to his sister, Mr. Jordan felt it was appropriate to make this
disclosure. Member Walline indicated his surprise that the insurance company does not own
this house now. Mr. Roberts responded that there is some concern that the insurance
company was refusing to pay a claim because there was a suggestion of arson. He has no
knowledge of what happened with that claim. Chairman Anderson asked for clarification as
to the status of Mr. Jordan's power of attorney. Mr. Roberts stated that Mr. Jordan no longer
has power of attorney over his sister's affairs. Member Walline said that as long as Mr.
Jordan is straight forward with the folks at the City's Building Safety Department, there
MINUTES: BOARD OF ETHICS MEETING MARCH 13, 2001,pg. 3
should not be a problem that he can see.
Motion by Member Walline that the City Clerk send the standard letter to Mr. Jordan stating
that the Board has received his affidavit of disclosure and thanks him for taking this
preemptive action, and that the Board is placing his affidavit of disclosure on file with no
further action contemplated.
MOTION CARRIED 5/0
2. Affidavit of Disclosure filed by Peter Coscarelli, Safety Administrator in the Personnel
Services Department; Member Marin asked Mr. Roberts to talk with Mr. Coscarelli and ask
him for clarification about his affidavit of disclosure. Specifically, is he involved with these
fire departments through the Lansing Fire Department in any way? What is the source of
the training information or material that he uses. Does he use Lansing training materials?
Member Walline asked if this is more of an employment contractual issue, in which he is
allowed to go out and contract with other cities as a consultant doing the same job that he
does for the Lansing Fire Department? Is it unethical for him to go out and teach other
people the same things he has learned while working for the City of Lansing Fire
Department? Could this be more of a breach of his employment contract with the City? If
not, what is the ethical violation.
Motion by Member Walline to accept the Affidavit of Disclosure filed by Mr. Coscarelli and
place it on file with no further consideration contemplated, and that the City Clerk send a
letter to Mr. Coscarelli informing him of the Board's action.
MOTION CARRIED BY THE FOLLOWING VOTE:
YEAS: Members Anderson, Nole, Sullivan
NAYS: None
ABSTAIN: Member Marin abstained from the vote on this item because of her involvement
with the Board of Fire Commissioners
3. Letter sent to John Kloosterman, Plan Review Analyst with the Planning and
Neighborhood Development Dept. re; his affidavit of disclosure.
CORRECTIONS WERE MADE TO THE MINUTES AND THE CITY CLERK WAS
REQUESTED TO SEND A CORRECTED LETTER TO MR. KLOOSTERMAN
4. Letter sent to Councilmember Kris Nicholoff re; his statement of financial interest
RECEIVED AND PLACED ON FILE
MINUTES: BOARD OF ETHICS MEETING MARCH 13, 2001,pg. 4
5. Letter sent to City Clerk Steve Dougan re; his statement of financial interest
RECEIVED AND PLACED ON FILE
CITY ATTORNEY'S REPORT: Mr. Roberts reported that former Mayor, Terry McKane has
asked the Michigan Supreme Court for leave to appeal on his lawsuit involving the early
retirement case. The City Attorney has filed a brief in opposition to his request for leave to
appeal.
Mr. Roberts reported speaking with Mr. Philip Sabon, EMS Coordinatorwith the Lansing Fire
Department regarding the affidavit of disclosure he filed. He stated that he would like the
Board to help identify a list of questions that he should ask of anyone who files an affidavit
that will allow him to report his findings to the Board.
CHAIR'S REPORT: Chairman Anderson displayed a copy of the March 11, 2001 front page
of the "Lansing State Journal" which features a picture of Member Walline standing behind
former Governor Blanchard.
OLD BUSINESS:
1. Draft 3A of the Affidavit of Disclosure
Motion by Vice Chairman Nole that the Affidavit of Disclosure form be revised as noted and
approved for implementation beginning immediately.
MOTION CARRIED 5/0
NEW BUSINESS:
1. Affidavit of Disclosure filed by Dody Hinton, Seasonal Maintenance Employee with the
Parks and Recreation Department
Attorney Roberts reported speaking with Emil Winnicker of the Development Division of the
Planning and Neighborhood Development Department (PND), who told him there is an
informal city policy not to make loans for residential rehabilitation to City Employees. If that
is indeed a city policy he does not see this as an Ethics Board matter. It is his opinion that
the Board should respond to the affidavit by writing to Ms. Hinton and informing her that the
disclosure does not appear to be in the jurisdiction of the Ethics Board and the Board
believes that the matter properly belongs before the Development Division of PND.
Motion by Vice Chairman Nole that the City Attorney contact the applicant and ask who
directed her to bring this matter before the Board of Ethics. And that he then contact the
Development Division and the Director of the Department that directed Ms. Hinton to take
MINUTES: BOARD OF ETHICS MEETING MARCH 13, 2001,pg. 5
this route,to clear up any confusion as to the City's policy. Finally,that following Mr. Roberts
investigation, a letter be sent to Ms. Hinton informing her that her affidavit is not within the
jurisdiction of the Ethics Board.
Chairman Anderson called for a division of the question, and recognized the first part of
Member Nole's motion that the Ethics Board direct that a letter be sent to Ms. Hinton
informing her that this is not in the jurisdiction of the Ethics Board.
MOTION CARRIED 5/0
Chairman Anderson recognized the second part of Member Nole's motion that the Ethics
Board ask City Attorney Roberts to investigate who is putting out this information and the
accuracy of the information that is being released.
MOTION CARRIED 5/0
2. Affidavit of Disclosure filed by Philip Sabon, EMS Coordinator with the Lansing Fire
Department
Attorney Roberts acknowledged speaking with Mr. Sabon about what he does. Mr. Sabon
described his duties as follows: He schedules training for the City's EMS Officers that is
required for their certification. He teaches some of those required classes. He works 40
hours per week @ 4 Ten hour Days per week alternating Monday through Thursday and
Tuesday through Friday. The time frame of the other job is not specific, but should be about
10-15 hours per week. If it conflicts with his time with the City, he would seek time off that
he is entitled to under benefit provisions by applying to his supervisor. He said that one of
his functions is that of working with outside billing companies that bill for EMS services, and
he also coordinates collection services directly with the people involved. The job he wants
to do, is to work for the outside billing company as liaison between them and other EMS
providers. When he was questioned about the City's contract with this company, he said that
the City hires the company through a competitive bidding process and that this company has
been awarded the contract at least the last couple of times. Territorially this job would
include contact with other governmental units that provide services in the Mid-Michigan area.
When questioned about the confidentiality content in the job description for the outside
position he was not sure what those confidentiality aspects might be, but thought that one
might be patient confidentiality, while another might be cost of services or billing to
government agencies. These prices might vary from agency to agency as bills are
processed and he may be required to keep confidential from agency to agency what that
cost might be. One government might pay at 10%, while another one might pay at 12%.
Attorney Roberts told Mr. Sabon that he felt this may represent a possible direct conflict. If
the company he works for has a concern with a particular city billing then he may have a
conflict with where his loyalty lies. Mr. Sabon responded that what the billing agency does
is based on such rigid and clear standards that he does not believe there could be a conflict
MINUTES: BOARD OF ETHICS MEETING MARCH 13, 2001,pg. 6
or misinterpretation. Attorney Roberts told the Board that Mr. Sabon's last statement was
a request that if the Board did see a conflict and could delineate what the conflict was, he
could get excused from those duties with the outside agency.
Motion by Member Sullivan that the City Clerk write a letter to Mr. Sabon saying that the
Board does see his proposed part time position as a conflict of interest. And that a copy of
the letter be sent to his immediate supervisor. The letter should state "there appears to be
a clear conflict of interest between your position with the City of Lansing Fire Department and
the position that you are considering with Medical Management of Mid Michigan"
MOTION CARRIED 5/0
BOARD ROUND TABLE Member Nole asked that a correction be made to his address. He
lives on Dexter Dr. not road.
Chairman Anderson welcomed Connie Marin to the Board. There was a certain amount of
competition over who would actually make her appointment, the Mayor, or Council member
Benavides. Councilman Benavides won and Connie is our Third Ward representative. The .
Board is very appreciative of having her and hopes that she is comfortable with us, as well.
Discussion followed with regard to the appropriation of funds for the retention of outside legal
counsel should it be necessary at some point in the future. The City Clerk reported that,
rather than make an appropriation that would have to be approved as part of the line item
budget, and subsequently transferred back into the general fund in the event that it was not
used,the Finance Department has agreed to include language in the General Administration
Section of the Budget to provide for administrative appropriations for outside legal counsel
for the Board should the occasion arise.
ADJOURNED 7:50 P.M.
Respectfully submitted,
Debbie Miner, Recording Secretary
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
MAY 9, 2001 - 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. Cal Anderson, Chairperson
Bob Nole, Vice-Chairperson
Ellen Sullivan, Ph.D.
James Walline
ABSENT: Lonnie Bennett, Excused
Connie Marin, Excused
A QUORUM WAS PRESENT
OTHERS PRESENT: Jack Roberts,Asst. City Attorney
Steve Dougan, City Clerk
Debbie Miner, Chief Deputy City Clerk
Linda Adams, Secretary to City Clerk
APPROVAL OF AGENDA: Motion by Vice Chair Nole to amend the agenda by adding the
following items: Statement of Financial Interest filed by Liza Estlund-Olson, Director of Management
Services and the letter of resignation submitted by Dr. Donald Kuiper, and to approve the agenda as
amended.
MOTION CARRIED 4/0
PUBLIC COMMENT: There were no public comments.
SECRETARY'S REPORT:
1. Letter sent to Dody Hinton, Seasonal Worker with the Department of Parks and Recreation.
RECEIVED AND PLACED ON FILE
2. Letter sent to Peter Coscarelli, Safety Administrator with the Personnel Department
RECEIVED AND PLACED ON FILE
3. Letter sent to John Kloosterman, Plan Review Analyst with the Building Safety Division of PND
RECEIVED AND PLACED ON FILE
4. Letter sent to Jack Jordan, Chief Deputy City Attorney
1
MINUTES: BOARD OF ETHICS MEETING MAY 9, 2001, pg. 2
RECEIVED AND PLACED ON FILE
5. Letter sent to Peter Sabon,EMS Coordinator with the Lansing Fire Department Approval of Minutes:
Motion by Vice Chairman Nole to approve the minutes of March 13, 2001 as
RECEIVED AND PLACED ON FILE
MOTION CARRIED
CITY ATTORNEY'S REPORT: Mr.Roberts reported speaking with Emil Winn ickerof the Development
Division of Planning and Neighborhood Development. They are generating the disclosures filed by
employees who wish to receive residential rehabilitation funds. He told the Board that he discovered an
opinion that he wrote that states that a City Employee is ineligible for these types of contracts with the City
unless they meet the requirements for disclosure. There is a specific exemption for City Employees who
work less than 25 hours per week. This led to a change in the policy,which led to an interpretation that if
there is someone who is otherwise eligible, that person may file a disclosure at the request of the
Development Division
Chairperson Anderson suggested that we send a letter to Ms. Hinton, saying that there has been a change
in the policy and that she is being referred back to the Department on Planning and Neighborhood
Development for determination of her eligibility, and that if she has any further questions, she can contact
Assistant City Attorney Jack Roberts at 483-4325.
CHAIR'S REPORT: Chairman Anderson explained that the April meeting was canceled due to a lack
of agenda items requiring personal attention by the Board. He accepted the letter of resignation from Dr.
Donald Kuiper and asked that a letter be sent to Dr.Kuiper expressing the Board's appreciation for his many
years of service to the Board and the leadership that he brought to the Board as the Chairperson
OLD BUSINESS:
NEW BUSINESS: City Attorney Roberts asked for a statement to be included in the minutes spelling out
the names of persons who have filed statements of financial interest in accordance with the Ethics Code.
Motion by Vice Chairman Nole that all statements of financial interest are received and placed on file and
that the minutes reflect the names of individuals filing. Further that future agendas should include a list of
the names of all individuals filing statements.
MOTION CARRIED 4/0
Statements of Financial Interest Received From:
• David C. Hollister, Mayor Dept.
• Carol Wood, Councilmember • Kecia Coats, Secretary - Mayor's Office
• Antonio Benavides, Councilmember • Alisande E. Henry, Personal Assistant to the
• Harold Leeman, Councilmember Mayor
• Larry Meyer, Councilmember • Genice Rhodes-Reed, Director HRCS
• Mary Sova, Board of Water& Light • Dennis Sykes, Director of Planning and
• Liza Estlund-Olson, Director Mgmt. Services Neighborhood Development Dept.
2
MINUTES: BOARD OF ETHICS MEETING MAY 9, 2001, pg. 3
• Sharon Bommarito, Director of Personnel
• Robert Swanson, Director of Finance
• Murdock Jemerson, Director of Parks and
Recreation
• David Tijerina, City Assessor
• Gregory Martin, Fire Chief
• Jill Rhode, Treasurer
• TinaGallante,City Council Legislative Assistant
Teresa A.Horn,City Council Legislative Assistant • Bernard Brantley, Citizen Review Board
• Gregory Koessel, Internal Auditor Investigator
• Heather Eman, City Council Receptionist • Steven E. Dougan, City Clerk
• Karen J. Schmidt, City TV Manager • Larry Meyer, Councilmember
• Arnold C. Yerxa, Internal Auditor • Michael H. Navabi, Director of Public Service
• Debbie Miner, Deputy City Clerk • Kris Nicholoff, Councilmember
• Ron Wilson, City Council Legislative Analyst • Joseph Pandy, Jr.
• Michael Navabi, Public Service Director • Linda M. Sanchez, Special Assistant to the
• Joseph Graves, Mayor's Chief of Staff Mayor
• Freddie Thomas, Mayor's Special Assistant • James D. Smiertka, City Attorney
• Louis H. Adado, Councilmember • David M. Wiener, Executive Assistant to the
• Sandy Allen, Councilmember Mayor
• Mark Alley, Chief of Police • Kellie L. Willson, Internal Auditor for the Board
• Joan Bauer, Councilmember of Water & Light
BOARD ROUND TABLE: Vice Chairman Nole requested that the Clerk check on the Board's annual
night at Oldsmobile Park for a Lugnuts game.
Member Sullivan noted that June is the last meeting of her currently appointed term. She will be on vacation
in July.
Chairperson Anderson thanked everyone for attending and asked that anyone who is unable to attend in
June let the Clerk's Office know as soon as possible so that we do not end up without a quorum.
ADJOURNMENT 7:30 P.M.
Respectfully submitted,
Debbie Miner, Recording Secretary
3
MINUTES
LANSING CITY BOARD OF ETHICS
SPECIAL MEETING
SEPTEMBER 4. 2001 - 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: Cal Anderson, PhD. Chairperson
Bob Nole, Vice-Chairperson
Ellen Sullivan, Ph.D.
James Walline
Jason Amen Hetep
ABSENT: Lonnie Bennett,
Connie Marin
A QUORUM WAS PRESENT
OTHERS PRESENT: Jack Roberts, Asst. City Attorney
Debbie Miner, Chief Deputy City Clerk
PUBLIC COMMENT:
APPROVAL OF AGENDA:
The agenda was approved by consensus.
SECRETARY'S REPORT:
Deputy Clerk Miner submitted Complaint #0002 for the Board's Consideration.
CITY ATTORNEY'S REPORT:
City Attorney Roberts said that the Law Department has concerns about the Board's
Official Representation on this matter. This complaint is of a nature that involves the City
Attorney's Office both as the complainant, and as the subject of the complaint. He is here
tonight to make a brief statement to the Board. His Office feels that to have anyone from
their Department involved in providing direct advice to the Board on this issue is and of
itself a direct conflict. He has anticipated the possibility that the Board will want to retain
outside legal counsel and has investigated the procedure required to make that request.
1
MINUTES:BOARD OF ETHICS MEETING SEPTEMBER 4, 2001,pg.2
He is not here to direct the Board, or to suggest that they take any specific course of
action, but he has looked at the process. Under Charter Section 5-505.7, which is found
on page 11 of the Ethics Manual, it is provided that if any issue before the Board involves
the Office of the City Attorney the Board may engage the services of outside legal counsel
upon the arrangements agreed upon by the City Council. It is his understanding that
during the budget process a provision was added under Mayor's Office discretionary items
whereby the Board could request an administrative appropriation through the Mayor. He
has learned that this provision was removed from the Budget before its adoption.
Discussion was held on the process for appropriation of funds. The Board requested that
the Clerk's Office determine if the Budget Resolution has been amended to remove the
provision for discretionary funding through the Mayor's Office.
An alternative would be to submit a request for supplemental appropriation to the existing
budget to the City Council. Mr. Roberts suggested that the Board may want to solicit
quotes from attorneys interested in serving as special investigator, prior to going to the
Council with a request for appropriation, so that they can indicate an amount and name the
firm that has been chosen to represent the Board. According to section 7-108 of the
Charter, a supplemental appropriation requires a 2/3 vote of Council. Mr. Roberts told the
Board that the City Attorney's Office has an outside Attorney that they use when they have
a conflict, either within their office, or within the City. His name is Tom Yeadon. When they
refer cases to him, the cases are completely within his control. Decisions are made
completely at his discretion. The Lansing City Attorney's Office does not review them at
all once they have been referred. There is no requirement that the Board use this
Attorney, however, knowing about this situation and having spoken with Mr. Yeadon on
another matter, he asked Mr. Yeadon if the Ethics Board Complaint would be something
he would consider handling. Anticipating Mr. Yeadon's needs, he also sent him an Ethics
Manuel and indicated the provisions that were involved. Mr. Yeadon indicated that, should
the Board decide to request his assistance in handling this matter, he would consider it.
Member Amen Hetep asked Mr. Roberts to provide the Board of copies of the news
releases surrounding this complaint. Mr. Roberts left this meeting of the Board of Ethics
at 6:00 P.M.
CHAIR'S REPORT:
The Chair did not give a report.
NEW BUSINESS:
Vice Chairman Nole submitted the name of an Attorney who may consider taking the case.
2
MINUTES:BOARD OF ETHICS MEETING SEPTEMBER 4,2001,pg. 3
Member Amen Hetep said that he knows an Attorney from Flint who specializes in this type
of practice. Member Sullivan suggested an Attorney from Okemos, whose yellow page ad
states a speciality in this kind of practice.
Motion by Vice Chairman Nole that the Clerk contact the following Law Firms and solicit
quotes from them for representation of the Board in this matter. Further, that the Clerks
advise the Attorneys contacted that contract structure would be two tiered. The first tier
would comprise the determination of jurisdiction by the Board of Ethics. If jurisdiction is
found, the second tier would be investigation of complaint#0002.
Michael Kluck & Associates; Dean Yeotis; Mel Owens;
and Tom Downs
MOTION CARRIED 5/0
The Board asked that Attorneys responding to the Boards solicitation of quotes submittheir
qualifications and experience in handling these types of cases.
ADJOURNMENT
Respectfully submitted,
Debbie Miner, Recording Secretary
Date Minutes Placed on File:
3
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
SEPTEMBER 11, 2001 - 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. Cal Anderson, Chairperson
Bob Nole, Vice-Chairperson
Lonnie Bennett
Ellen Sullivan, Ph.D.
Jason Amen Hetep
ABSENT: Connie Marin, Public Member
James Walline, Public Member
A QUORUM WAS PRESENT
OTHERS PRESENT: Jack Roberts, Asst. City Attorney
Steve Dougan, City Clerk
Debbie Miner, Chief Deputy City Clerk
PUBLIC COMMENT: There were no Public Comments
APPROVAL OF AGENDA:
Motion by Member Sullivan to amend the Agenda to add the discussion of further changes
to the Affidavit of Disclosure, and to approve the agenda as amended.
MOTION CARRIED 5/0
SECRETARY'S REPORT:
Approval of Minutes: Motion by Vice Chairman Nole to approve the minutes of May 9,
2001, as submitted.
MOTION CARRIED 5/0
Communications received and sent since last meeting:
1. Affidavit of Disclosure filed by Thomas D. Cochran, Channel 12 (City TV)
1
MINUTES: BOARD OF ETHICS MEETING SEPTEMBER 11, 2001, pg. 2
RECEIVED AND PLACED ON FILE, WITH NO FURTHER BOARD ACTION
CONTEMPLATED AT THIS TIME
2. Statement of Financial Interest filed by Thomas D. Cochran, Channel 12 (City TV)
Motion by Vice Chairman Nole that this statement of financial interest be received and
placed on file.
MOTION CARRIED 5/0
RECEIVED AND PLACED ON FILE, WITH NO FURTHER BOARD ACTION
CONTEMPLATED AT THIS TIME
3. Resolution of Reappointment; Ellen Sullivan, Ph.D.
RECEIVED AND PLACED ON FILE
4. Resolution of Appointment Jason Amen Hetep
RECEIVED AND PLACED ON FILE
5. Updated Membership Roster
RECEIVED AND PLACED ON FILE
6. Letter sent to Dody Hinton
RECEIVED AND PLACED ON FILE
7. Letter sent to Jason Amen Hetep
RECEIVED AND PLACED ON FILE
CITY ATTORNEY'S REPORT:
Mr. Roberts reported speaking with Mr. Cochran regarding his job with the City and how
his company came to be part of the bid process for the Lansing Police Department, and
what he meant by the use of the word "bid." He discovered through his questions that LPD
was interested in production of a video about gun safety, targeted toward youth. The
impetus for the production of the video and the idea for it was generated by LPD,
specifically by Lt. Ray Hall. Mr. Hall took his proposal to the Michigan Education
2
MINUTES: BOARD OF ETHICS MEETING SEPTEMBER 11, 2001, pg. 3
Association seeking to have MEA sponsor production of an informative public service tape.
At that time, LPD through Lt. Hall, suggested that MEA may want to consider using a
production company (Mr. Cochran's ) he had previously had contact with when LPD
considered hiring the company for a similar project. They were pleased with the production
capability of this company and referred them to MEA. Subsequently, MEA decided that
they would like to do the video, and that they would sponsor the video and contract it out
for production. The Police Department agreed to give up any claim to the idea for the
video to MEA. At the request of MEA Mr. Cochran's firm submitted a proposal for the
production of the tape. It was determined that the fair market value of the video would be
$120,000. The available budget for the project, however, was only $10,000.00. Mr.
Cochran's production company agreed to complete the project for the $10,000 amount,
provided that, if a profit was made on the video they would be entitled to profit sharing up
to the $120,000 that they originally bid on the project. They further agreed that if there
were no monies generated by the video, then their company would be limited to the
$10,000 amount.
When he asked Mr. Cochran about the nature of the work and whether it would conflict with
the work he does for the City, he stated that his function for the production company is as
a videographer, shooting live action shots. Ninety-eight percent of this project would be
computer generated and he would not be involved in it, but he would share in the proceeds
because of the nature of his arrangement with the production company. He is a co-owner
of the company with two other partners. He filed the affidavit of disclosure because he
works for the City, LPD recommended his firm to MEA for the production of this video, and
because LPD had previous contact with his firm resulting in a recommendation of them
to the MEA for a job that would result in profit sharing of up to $10,000 and possibly up to
$120,000 depending on the film's success.
Vice Chairman Nole stated that he does not see a conflict of interest with this situation.
Member Sullivan noted that the production company agreed to complete the project in
spite of the fact that they would not receive full compensation for it.
Attorney Roberts reminded the Board that in determining whether there is a conflict they
need to look at the provisions of the ethics ordinance, specifically Section 290.04 (e)to see
if the subject divulged confidential information acquired in the course of holding his
position. Mr. Cochran had no information to divulge. Also the Board needs to look at
290.04 (f) to ensure that the officer or employee did not use, or allow others to use, his
authority, title or prestige of his public office for gain. Mr. Cochran did not use the fact that
he worked for the City to make this contact. The Board must look to 290.04 (g) to ensure
that the officer or employee did not use City Resources for gain. Mr. Cochran would not
be doing any work on City time or using City equipment. And finally, under 290.04 (h)that
the officer or employee would not benefit from insider information that he received because
3
MINUTES: BOARD OF ETHICS MEETING SEPTEMBER 11, 2001, pg. 4
of his employment. Mr. Cochran did not make this contact because of insider information.
The Police Department sought them out. He did not find any specific provisions of the
Ethics Ordinance that were applicable to this particular case.
Member Amen Hetep said that he feels that, should the Board give Mr. Cochran a green
light forthis project, they should stipulate that any further business with LPD or MEA could
give the perception of an ethical violation because of the potential for Mr. Cochran to
receive a financial consideration.
Vice Chairman Nole said that if Mr. Cochran's firm does something for MEA and does it
well, they have the right to hire him again.
Chairperson Anderson asked Member Amen Hetep if he meant to include MEA in his
statement. Member Amen Hetep said that MEA could possibly be removed from the
provision, but that LPD should be included. Chairman Anderson said that it seems to be
the consensus of the Board that Mr. Cochran is not in a conflict of interest situation at this
time, and the Board needs to communicate that information to him in such a way as to let
him know that future transactions should be looked at carefully to ensure that they do not
violate the conflict of interest provisions of the ethics ordinance.
Motion by Member Nole that the Secretary writes to Mr. Cochran and informs him that"The
Ethics Board having looked at his situation and circumstances does not see a conflict of
interest with this contract, but reminds Mr. Cochran of the need to pay close attention to
the provisions of the Ethics Ordinance as it relates to future transactions."
MOTION CARRIED 5/0
CHAIR'S REPORT:
The Chair did not give a report.
OLD BUSINESS:
Affidavit of Disclosure:
It was requested that the form be revised to correct the punctuation in question #1, add
boxes prior to the words "officer" and "employee in line #1, and copy the line that begins
"holding the position of from the second paragraph to the first paragraph.
NEW BUSINESS:
Motion by Member Sullivan that this meeting of the Board of Ethics enter into a closed
4
MINUTES: BOARD OF ETHICS MEETING SEPTEMBER 11, 2001, pg. 5
session, at this time for the purpose of discussion of Ethics Board Complaint #0002.
MOTION CARRIED 5/0
The Board of Ethics arose from a closed session upon the motion of Member Sullivan at
7:15 P.M.
Motion by Vice Chairman Nole to adjourn
MOTION CARRIED 5/0
BOARD ROUND TABLE
ADJOURNED 7:20 P.M.
Respectfully submitted,
Debbie Miner, Recording Secretary
Date Minutes Placed on File:
5
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
OCTOBER 9, 2001 - 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.
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to be designated as a special assistant City Attorney in accordance with a contract signed
by the City Council President. Because he does not find in that resolution a requirement
that the City Attorney's Office approve the contract; and because there is a draft
agreement that has already been signed by the Council President; He is not inclined to
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sign the standard notation that the City Attorneys Office approves the contract as to form.
This is because of the subject matter and because President Adado has already signed
the contract. He is aware of an old resolution that authorizes the Mayor to sign contracts
on behalf of the City, but prior to the Mayor signing such a contract, it is reviewed as to
form by the Attorney's Office and certified as to the availability of funds by the controllers
office. The subject contract does not allow him the opportunity to prevent the City Council
President from signing, and he does not feel that the City Attorney's Office needs to sign
the contract to approve it as to form.
Chairman Anderson said that he is surprised because the request for outside legal counsel
from the Board was submitted to the City Council, referred to the Committee of the Whole
and the City Attorney by the Council President.
Vice Chairman Nole requested that future contracts used by the Board be amended to
include a time frame for response.
Mr. Roberts reported to the Board,regarding City of Lansing v Lansing Charter Township,
et al. The Judge in this case has,signed an order denying the defendants motion to
dismiss. The defendants in this case are; Lansing Charter Township, the Developers, the
City of East Lansing and a subcontractor who has a lease with option to purchase the
property. The Judge has said that while the lawsuit is pending he would issue an
injunctive order enjoining the defendants from engaging in sewer service arrangements
that are other than pursuant for the 1993 sewer service agreement between the City of
Lansing and Lansing Charter Township. The existing sewer service agreement between
the City of Lansing and Lansing, Charter Township is for sewer service to the area in
question, is exclusive, and that.sewer service cannot be supplied by another government
agency.
Discussion was held as to whether Member Marin can maintain her membership on the
Board of Ethics and at the same time accept an appointment to the Board of Water&Light.
Mr. Roberts told the Board thatthe Board of Water and Light has special attributes. They
have management duties that no„other Board has. He will look into the question of dual
membership, but would like to be informed if Mrs. Marin decides to resign from the Board
of Ethics prior to her appointment to the Board of Water & Light. Chairman Anderson
stated his feeling that someone who serves on the Board of Ethics and accepts
appointment to another City Board could be placed in a position where a conflict of interest
is created because of the nature of the Board of Ethics. Mr. Roberts said that the general
rule is that concurrent membership on two boards is prohibited, however, he is hesitant to
go further because the Board of Water and Light has a special nature under the provisions
of the City Charter and he has not,arrived at that conclusion as of yet.
SECRETARY'S REPORT:
Motion by Vice Chairman Nole to approve the minutes of September4, 2001 as presented.
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MOTION CARRIED 4/0
Motion by Member Sullivan to amend the minutes of the closed/executive session held on
September 11, 2001 by changing the word "be" to the word "by" prior to the words "law
firms," and to approve the closed session minutes of September 11 as corrected.
MOTION CARRIED 4/0
Motion by Member Sullivan to approve the regular session minutes of September 11, 2001
as written
MOTION CARRIED 4/0
OLD BUSINESS:
NEW BUSINESS:
1. Letter of appreciation sent to Mayor Hollister
RECEIVED AND PLACED ON FILE
2. Letter sent to Thomas Cochran
RECEIVED AND PLACED ON FILE
3. Revised Affidavit of Disclosure
RECEIVED AND PLACED ON FILE
4. Contract with Michael R. Kluck & Associates
THE BOARD SIGNED THE CONTRACT AND REQUESTED THAT THE CITY CLERK
CONTACT THE MEMBERS ABSENT FROM THE MEETING AND OBTAIN THEIR
SIGNATURE
5. City Council Resolution #459 of October 1, 2001
RECEIVED AND PLACED ON FILE
6. Affidavit of Disclosure filed by Jack C. Jordan, Deputy City Attorney
Motion by Vice Chairman Nole that the Board send a letter to Mr. Jordan asking him to
attend the next meeting of the Board of Ethics, scheduled for Tuesday, November 13,
2001, for the purpose of discussing remaining concerns that the Board has over the
appearance of a possible conflict of interest related to the affidavit he filed.
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MOTION CARRIED 4/0
7. Authorization for Budget Transfer#55, Board of Ethics Retention of Outside Legal
Counsel
CHAIR'S REPORT:
Chairman Anderson said that his report may seem premature, but that it appears that the
board has lost one member and is one the verge of losing another. We were already short
one member now we will be short three members again. He will contact both
Councilmember Benavides and Freddie Thomas of Mayor Hollister's Office to discuss
membership with them. He stated his appreciation to Vice Chair Nole for his contribution
and to City Clerk Dougan for his ongoing voter registration efforts.
BOARD ROUND TABLE
ADJOURNMED 7:15 P.M.
Respectfully submitted,
Debbie Miner, Recording Secretary
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