HomeMy WebLinkAbout2002 Ethics Minutes -All ETHICS BOARD
MEETING SCHEDULE JULY 10 2001
THROUGH JUNE 11 2002
DAY DATE TIME PLACE
Tuesday July 10,2001 5:30 P.M. City Council Conference Room 101h Floor City Hall
Tuesday August 14,2001 5:30 P.M. City Council Conference Room 10`h Floor City Hall
Tuesday September 11,2001 5:30 P.M. City Council Conference Room 10'h Floor City Hall
ruesday October 9,2001 5:30 P.M. City Council Conference Room 101h Floor City Hall
ruesday November 13,2001 5:30 P.M. City Council Conference Room 10`h Floor City Hall
Tuesday December 11,2001 5:30 P.M. City Council Conference Room 10`h Floor City Hall
Tuesday January 8,2002 5:30 P.M. City Council Conference Room 101h Floor City Hall
"uesday February 12,2002 5:30 P.M. City Council Conference Room 10'h Floor City Hall
'uesday March 12,2002 5:30 P.M. City Council Conference Room 10`h Floor City Hall
'uesday April 9,2002 5:30 P.M. City Council Conference Room 101h Floor City Hall
uesday May 14,2002 5:30 P.M. City Council Conference Room 10'h Floor City Hall
'uesday June 11,2002 5:30 P.M. City Council Conference Room 101h Floor City Hall
Z G'C
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
JANUARY 8 , 2002 - 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, Chairperson
Bob Nole, Vice-Chairperson
Jason Amen-Hetep
Ron Fryborg
Ellen Sullivan, Ph.D.
ABSENT: Lonnie Bennett
A QUORUM WAS PRESENT
OTHERS PRESENT: Debbie Miner, City Clerk
Linda Adams, Secretary to City Clerk
Michael Kluck, Attorney at Law
PUBLIC COMMENT There was no public comment
APPROVAL OF AGENDA:
Motion by Ellen Sullivan to amend the agenda by moving Old Business up to the next order
of business, and to approve the agenda as amended.
MOTION CARRIED 5/0
OLD BUSINESS:
Motion by Ellen Sullivan that the Ethics Board enter into closed/executive session for the
purpose of holding discussion on complaint #2001-02
MOTION CARRIED
The Board of Ethics entered into closed/executive session at 6:00 P.M.,the sealed minutes
of which are on file in the office of the City Clerk.
Motion by Member Nole to rise from closed session.
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M/NUTfS-BOABBOfETN/CS NUT/NO/ANUABYB,2002,pg,2
MOTION CARRIED 5/0
SECRETARY'S REPORT:
Approval of Minutes: Motion by Ellen Sullivan to approve the minutes of December 11,
2001.
MOTION CARRIED
Communications received and sent since last meeting:
1. Letter to 3" Ward Councilman, Tony Benavides
RECEIVED AND PLACED ON FILE
2. Letter to Michael R. Kluck & Associates authorizing them to continue to
phase II of the investigation of complaint #2001-02
RECEIVED AND PLACED ON FILE
3. Ethics Board Meeting Schedule for July 10, 2001 through June 11, 2002
RECEIVED AND PLACED ON FILE
4. Revised copy of Resolution #573 of December 3, 2001;Appointment of Ron
Frybort to the Board of Ethics by Mayor Hollister for a Term to Expire June
30, 2005
RECEIVED AND PLACED ON FILE
5. Copies of invoices from Michael R. Kluck & Associates for completion of
phase I of the investigation of complaint #2001-02
RECEIVED AND PLACED ON FILE
CITY ATTORNEY'S REPORT:
Dr. Anderson stated that he had excused Attorney Roberts from the meeting.
CHAIR'S REPORT:
2
MINUTES-fl8ABDOfETN1CSMEET/N81ANUARYB,Z002,pg.3
The Chair had nothing to report.
TABLED:
Motion by Ms. Sullivan to table discussion on a numbering system for registering
complaints.
MOTION CARRIED 5/0
NEW BUSINESS:
BOARD ROUND TABLE
Dr. Anderson wished everyone a happy 2002
ADJOURNMENT
Motion by Mr. Nole to adjourn meeting at 7:25 p.m.
MOTION CARRIED
Respectfully submitted,
Debbie Miner, Recording Secretary
Date Minutes Placed on File:
3
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
FEBRUARY 12, 2002 - 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
Jason Amen-Hetep
Ron Frybort
Ellen Sullivan, Ph.D.
ABSENT: Lonnie Bennett
A (QUORUM WAS PRESENT
OTHERS PRESENT: Jack Roberts, Asst. City Attorney
Debbie Miner, City Clerk
Denise Griffin, Deputy City Clerk
Linda Adams, Secretary to City Clerk
Ms. Miner introduced Ms. Griffin to the Ethics Board. Dr. Anderson welcomed Ms. Griffin
on behalf of the Board. Ms. Griffin left the meeting at 5:35 p.m.
PUBLIC COMMENT:
There was no public comment
APPROVAL OF AGENDA:
Ms. Sullivan entered the meeting at 5:40 p.m.
Ms. Miner distributed copies of the revised agenda to the Board. Motion by Vice Chairman
Nole to amend the agenda by moving Old Business up to the next order of business, and
to approve the agenda as amended.
MOTION CARRIED 5/0
OLD BUSINESS:
1
N/NUTES-B81BBOfETN/CSMEET/NCfebrH21712,2992,pg,2
Motion by Mr. Frybort that the Ethics Board enter into closed/executive session for the
purpose of holding discussion on complaint #2001-02.
MOTION CARRIED 5/0
The Board of Ethics entered into closed/executive session at 6:07 P.M.,the sealed minutes
of which are on file in the office of the City Clerk.
Motion by Member Nole to rise from closed session.
MOTION CARRIED
SECRETARY'S REPORT:
Approval of Minutes:
Ms. Miner asked that the minutes of the meeting of January 8, 2002 and the Executive
Session of January 8, 2002 be pulled from the agenda, to be considered for approval at
the March meeting.
Ms. Miner informed the Board that she has received notice from Ms. Bennett that she will
be resigning from the Ethics Board due to her remarriage and relocation out of the country.
Communications received and sent since last meeting:
1. Affidavit of Disclosure filed by Ronald James Pierle of the City of Lansing Computer
and Communications Services Department
RECEIVED AND PLACED ON FILE
2. Statement of Financial Interest filed by Chief Deputy City Clerk M. Denise Griffin
HELD OVER FOR RE-SUBMISSION AT THE MARCH 12, 2002 MEETING
3. Copies of Board of Ethics Opinions 12, 13, 14, 15, 17 and 21, along with resolution
#726 of December 5, 1994 sent to Michael R. Kluck and Associates
RECEIVED AND PLACED ON FILE
CITY ATTORNEY'S REPORT:
The City Attorney did not give a report
2
N/NOTES-BOABB OfETN/CSNEET/NOfebrMY 12,2002,pg.3
CHAIR'S REPORT:
Dr. Anderson commented that it seems to be difficult for this Board to get up to and
maintain full strength.
TABLED ITEMS:
1. Discussion of the suggestion of the use of a numbering system to identify Affidavits
that are filed with the Board
Ms. Miner explained that a numbering system would create a situation in which there are
two different methods for acceptance of affidavits. Mr. Roberts stated that in reading
through the minutes of the Ethics Board submitted to Council, he noticed that names were
listed with the Affidavits. His suggestion for a numbering system to be used to identify the
Affidavits was for the purpose of protecting the privacy of the person making the filing. Dr.
Anderson stated that this is something that is required of each individuals that gives the
Board information. The Board should use the same standard as other Boards. He asked
what information the Board is giving that might be considered confidential. Mr. Amen-
Hetep asked if confidentiality was an issue for other City Boards. Dr. Anderson answered
that this Board is the only one that gets confidential type information. Mr. Amen-Hetep
asked about confidentiality regarding the information submitted to Council. Ms. Miner
responded that there is nothing that allows the Ethics Board to keep information from the
Council. Any affidavit referred to the Ethics Board is done so through the Council agenda.
Motion by Mr. Nole that Mr. Roberts suggestion for establishing a numbering system to be
used for affidavits of disclosure be respectfully declined and that the current process be
continued.
MOTION CARRIED 5/0
Dr. Anderson thanked Mr. Roberts for bringing this to the attention of the Ethics Board.
NEW BUSINESS:
City Clerk Miner informed the Board of the death of James Walline, former Ethics Board
member, over the weekend. Mr. Frybort suggested that attempts be made to send an
expression of sympathy on behalf of the Board to the Walline Family. Ms. Miner said she
will attempt to locate the Walline family.
BOARD ROUND TABLE
There was no round table discussion
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M/N!/TES-BOABDOfEWICSMEET/NGfeftmary12,2992,off.4
ADJOURNMENT
With no further business, meeting adjourned at 7:30 p.m.
Respectfully submitted,
Debbie Miner, Recording Secretary
Date Minutes Placed on File:
4
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
MARCH 12, 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
Jason Amen Hetep
Ron Frybort
Ellen Sullivan, Ph.D.
ABSENT: Diana Lopez, Excused
A QUORUM WAS PRESENT? Yes
OTHERS PRESENT: Margo Vroman, Asst. City Attorney
Debbie Miner, City Clerk
M. Denise Griffin, Chief Deputy City Clerk
PUBLIC COMMENT: There were no public comments.
APPROVAL OF AGENDA:
Motion by Vice President Nole to approve the agenda as presented
MOTION CARRIED 510
SECRETARY'S REPORT:
APPROVAL OF MINUTES: Motion by Member Sullivan to enter into closed/executive
session for the purpose of review of the January 8, and February 12, 2002 closed session
minutes.
This meeting of the Board of Ethics entered into closed/executive session at 5:30 P.M. and
rose from closed/executive session at 5:40 P.M.
Motion by Member Sullivan to correct the spelling of Mr. Frybort's name in the minutes of
January 8, 2002.
1
MINUTES: BOARD OF ETHICS MEETING MARCH 12, 2002, pg. 2
MOTION CARRIED 5/0
Motion by Vice Chairman Nole to approve the minutes of January 8 as corrected.
MOTION CARRIED 5/0
Motion by Member Sullivan to approve as written the minutes of the February 12, 2002
meeting.
MOTION CARRIED 5/0
Communications received and sent since last meeting:
1 . Letter to Ronald James Pierle regarding the affidavit of disclosure he filed
RECEIVED AND PLACED ON FILE
2. Letter from City Attorney James D. Smiertka regarding the resolution of Complaint
#2002-02
SEE OLD BUSINESS
3. Affidavit of Disclosure filed by David Allen Vincent
THE CLERK WAS REQUESTED TO WRITE A LETTER TO MR VINCENT AND INFORM
HIM THAT BASED ON HIS COMMITMENT NOT TO CONDUCT ANY CONSTRUCTION
BUSINESS IN THE CITY OF LANSING, THE BOARD ACCEPTS AND PLACES ON FILE
HIS AFFIDAVIT OF DISCLOSURE WITH NO FURTHERACTION ANTICIPATED AT THIS
TIME
4. Affidavit of Disclosure filed by Linda A. Adams, Secretary in the City Clerk's Office
REFERRED TO THE CITY CLERK AND THE CITY ATTORNEY
5. Letter of resignation submitted by Linda A. Adams
RECEIVED AND PLACED ON FILE
7. Letter of greeting to Diana Lopez Third Ward Representative
RECEIVED AND PLACED ON FILE
2
MINUTES: BOARD OF ETHICS MEETING MARCH 12, 2002, pg. 3
6. Revised Membership Roster Board of Ethics March 2002
RECEIVED AND PLACED ON FILE
7. Resolution #78 of 2/18/02; Appointment of Diana Lopez
RECEIVED AND PLACED ON FILE
CITY ATTORNEY'S REPORT: The City Attorney did not make a report
CHAIR'S REPORT: Chairman Anderson welcomed Deputy Clerk Denise Griffin to the
meeting and expressed the Board's pleasure to be working with her. He reported that he
has contacted the Councilman from the 11t Ward, Harold Leeman, relevant to the vacant
1" Ward Seat on the Board. He asked if the Clerk had been successful in contacting the
family of former Board Member Jim Walline to express the Boards condolences on his
unexpected passing. The Clerk reported making unsuccessful attempts to contact the
Walline Family. Assistant City Attorney Vroman informed the Board that Mr. Walline's
Mother, the only remaining family member, has been institutionalized for treatment of
Alzheimer's Disease.
OLD BUSINESS:
Complaint#2001-002 Chairman Anderson requested that Members Sullivan and Frybort
meet with City Clerk Miner to draft an opinion and letter for the Board's signature.
NEW BUSINESS:
BOARD ROUNDTABLE: Member Frybort requested that the Board send a letter to Michael
R. Kluck&Associates praising them for their diligence in the investigation of the Burelson
complaint. Chairman Anderson asked the City Clerk to prepare such a letter and have it
ready for Members to sign at the next meeting.
Member Amen Hetep announced that he received news earlier today that he will be a new
Daddy, they are expecting another Daughter. He accepted the congratulations and best
wishes of Board members.
ADJOURNMENT 7:25
Respectfully submitted,
Debbie Miner, Recording Secretary
3
MINUTES: BOARD OF ETHICS MEETING MARCH 12, 2002, pg. 4
Date Minutes Placed on File:
4
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
MAY 14, 2002 - 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
Ronald Frybort
Diana Lopez
°r Ellen Sullivan, Ph.D.
ABSENT: Jason Amen Hetepi
A QUORUM WAS PRESENT Yes
OTHERS PRESENT: Jack Roberts, Asst. City Attorney
Debbie Miner, City Clerk a
M. Denise Griffin, Chief Deputy City Clerk
John Pollard
p
Brian Smith
Charlene Decker "
k �
q f fox
Christine Timmon' '
Belinda Fitzpatrick, ,
PUBLIC COMMENT.
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4
John Pollard of 1718 Blair St. asked the Board to consider his complaint regarding
violations of the City Charter by Mayor Hollister. He stated that these violations cannot be
explained away. Some of the violations have been rectified, but rectified after the fact, and
that does not change the fact that the Charter has been violated. He has specific concerns
about violations to Article 4, Chapter 1, subsections .5, .7, .9, .11, and .12 containing
detailed descriptions of the Mayor's Obligations of Leadership. He is not certain that this
is within the purview of this Board, but he is looking to the Board for direction as to where
he can take his complaints about charter violations by the Chief Elected Officer if they are
not within the jurisdiction of the Board. The penalty for these violations is 90 days in jail,
and/or a $500 fine. He asked what the Board's process is. Can they investigate this, and
if not, can they find out for him whom he is to contact? He has been to everyone in City
Government that he thinks should have something to do with this, but has gotten no
answers whatsoever.
1
MINUTES; BOARD OF ETHICS MEETING MAY 14,2002
Chairman Anderson asked Mr. Roberts to address the questions and explain the
procedures that the Ethics Board must operate under according to the Ethics Ordinance.
Mr. Roberts explained that the Charter provides criteria for establishing that matters are
under the jurisdiction of the Ethics Board. Just to say that something is a violation of the
City Charter does not make it in the jurisdiction of the Board of Ethics. This Board is
involved with types of acts that are explained in the Ethics Manual. There is nothing that
takes something that a person believes is a charter violation and makes it an ethics
violation, or conflict of interest, or improper use of ones position for personal gain, or
automatically makes it an Ethics Board matter. He directed Mr. Pollard's attention to page
16 of the Ethics Manual. This sets out the complaint procedure that is to be followed to
bring matters technically before the Board of Ethics. It requires a written complaint and a
statement as to what particular violation is being cited in the claim. A simple statement of
a violation of the City Charter is not sufficient to make it fall under the tenets of an Ethics
Violation. What Mr. Pollard has done, is to write an article that contains things he thinks
might be ethics violations, and attached a letter citing ethics violations, and submitted it to
the Board. That is not the way matters of complaint are brought before this Board,
notwithstanding the fact that something is not automatically an ethics violation just because
it is a violation of the City Charter.
Chairman Anderson stated that this Board can only address matters that are within their
jurisdiction. They are not at liberty to give citizens advice on where to go from here. Mr.
Pollard's statement that no one within City Government can tell him where to take his
complaint is a concern, but this Board is bound to operate bytheirjurisdictional parameters
and limited in scope by the Ethics Ordinance and the City Charter.
Charlene Decker of 2711 Pleasant Grove Rd. said that she sent in a letter at one time that
stated certain complaints about the Mayor. Unfortunately, no one took the time to
communicate with her until such time as she received a letter stating that her Ethics
Complaint had been turned down. She is disappointed in this Board because Mr. Pollard
has been turned down. All he wants is to know where to take his complaint. This Board
should be able to tell residents of this City where to go to find enforcement of the City
Charter.
Chairman Anderson responded that the Board's jurisdiction does not extend beyond the
parameters as described by the City Charter. Mr. Roberts is seated as a legal advisor to
the Board of Ethics, which makes him an ex-officio member of the Board and confines his
direction to the jurisdiction of the Board. Things are being asked of the Ethics Board that
are outside of their jurisdiction, and to even give an opinion of the requests being made,
is going beyond their charge as mandated by the City Charter.
2
MINUTES; BOARD OF ETHICS MEETING MAY 14,2002
Belinda Fitzpatrick of 224 S. Holmes St. said that she is disappointed that nobody here can
put a person on the right track as to where to go, or what to do, because it looks like
barriers are being put up to keep something from being done about problems that are
going on. This is passive aggression.
Chairman Anderson said that this Board is bound by the City Charter and the Ethics
Ordinance. They do not have authority over any other things. Board members are citizens
of the City just like the speakers here tonight, trying to do the best that they can for the
residents of the City, but they have to live within the provisions of the Ethics Ordinance as
they understand it.
Christine Timmon of 339 E. St. Joseph said that she has successfully placed cases in front
on the Ethics Board, and she knows how it is done. She can answer some of these
questions. The City's legal advisors cannot give any private citizen any information,
because even though tax payers pay taxes to pay the salaries of the attorneys,they cannot
tell you how to prosecute the Mayor, because he works for the City. You have to do it on
you own. It is very unfortunate, and it is too bad that citizens cannot change this. They
should be able to go to a public defender on the State, Federal, City or County level for
advice on what they feel is malfeasance of office. It might fail to be an ethics violation that
Mayor Hollister has committed, but this Board cannot tell Mr. Pollard where to go with his
allegations, because that is not the rule. She wishes to help Mr. Pollard, but allegations
of ethics violations have to be very clear, and handled in a very precise manner before you
can get anything done.
Willy Williams of P.O. Box 104 in Lansing said that this is the same group of people that
come to Council Meetings all the time. What the Board is doing is just fine. He came here
tonight to see what Mr. Pollard's specific ethics charge was. But it is the same old
complaint. He said that 70% of the electorate is on the Boards side, and when the Board
is attacked by certain citizens who come here, he wants Board members to know that
these folks that are here tonight only represent 30% of the citizens and the remaining 70%
are supportive of the Board.
Chairman Anderson stated that at no time during tonight's proceedings did the Board feel
that it was being attacked in any way. Citizens come here with honest questions and
Board members try to answer to the best of their ability. However, He does appreciate Mr.
Williams supportive remarks. He asked Mr. Roberts to explain the confidentiality
requirements of the Ethics Ordinance as it relates to complaints that are filed with the
Board.
Mr. Roberts explained that complaints must be filed in a confidential manner and
considered by the Board in a confidential manner until such time as the Board makes a
3
MINUTES; BOARD OF ETHICS MEETING MAY 14,2002
determination of jurisdiction of the complaint, and makes that determination in writing.
Even the complainant cannot disclose, outside of the Board, the nature of the complaint.
APPROVAL OF AGENDA: By Vice Chairman Nole to approve the agenda as submitted
MOTION CARRIED 5/0
SECRETARY'S REPORT:
APPROVAL OF MINUTES: Motion by Member Sullivan to correct the minutes of April 9,
2002 just above New Business to correct the word "Option #29"to "OPINION #29," and to
amend the statement by Member Amen Hetep under Board Round Table discussion to
read as follows; "Member Amen Hetep invited everyone to attend the initiation of the Lion's
Club on April 27, 2002. He also explained that he had recently been in an accident, as his
injury was evident to Board members,"and to correct the spelling of"Moorehouse College"
to "MOREHOUSE COLLEGE," and to approve the minutes as corrected.
MOTION CARRIED 5/0
Chairman Anderson thanked Deputy City Clerk Griffin for filling in at the April Meeting and
for the very excellent job she did under hectic circumstances. With her help they got the
job done.
CITY ATTORNEYS REPORT:
The City did not have any further reports.
CHAIR'S REPORT:
Chairman Anderson requested that the City Clerk send a letter to John Pollard thanking
him for bringing his concerns to the Board and expressing their hopes that he finds the
appropriate channel to address his concerns.
OLD BUSINESS:
There was no old business
NEW BUSINESS:
1. Letter from John Pollard requesting investigation of unethical behavior on the part
of City Councilmembers
4
MINUTES; BOARD OF ETHICS MEETING MAY 14,2002
RECEIVED AND PLACED ON FILE WITH NO FURTHER ACTION INDICATED
2. Letter from Kellie Wilson, Director of Metrics and Audits for the Board of Water &
Light requesting an Opinion of the Board regarding Solicitation of Items or Funds
from Vendors for Charitable Purposes
Chairman Anderson directed that the City Clerk write a letter to Ms. Wilson inviting her to
attend the next meeting of the Board of Ethics and requesting that she be prepared to
assist in consideration of this issue by supplying clarification with regard to certain points
of her request. Specifically; to supply a copy of the Personnel Rules in effect for the
affected employees, a sample list of persons or firms that solicitations are made to, and
finally, a list of items that are given in return for donations, with the dollar value of the items
attached. Further, that the Board thanks her for raising this issue and expresses
appreciation for the detail and degree of specificity contained in her letter. Member
Sullivan asked that the Chairs name and number be given as a point of contact, in case
of questions or need for clarification. She also asked that Chairman Anderson approve the
letter prior to it being mailed to Ms. Wilson.
HELD OVER AS OLD BUSINESS ON THE JUNE 11, 2002 AGENDA
BOARD ROUND TABLE
Member Sullivan suggested that a committee be formed to review the process for handling
of Statements of Financial Interest. Chairman Anderson directed that each member of the
Board receives a copy of each of the nine statements of financial interest that contains
information in the disclosure tables.
Chairman Anderson appointed members Sullivan and Frybort to a subcommittee to
develop a slate of members for nomination to Chair and Vice Chair for the upcoming year.
Motion by Member Frybort to send a copy of Opinion #29 to the Clinton County
Prosecuting Attorney in St. Johns.
ADJOURNED 7:10 P.M.
Respectfully submitted,
Debbie Miner, Recording Secretary
Date Minutes Placed on File:
5
CITY OF LANSING - BOARD OF ETHICS
REGULAR MEETING
MAY 19, 2002 - 10T" FLOOR COMMITTEE ROOM, CITY HALL
AGENDA
CALL TO ORDER: 5:30 P.M. The Chair presiding
ROLL CALL:
EY Calvin Anderson, PhD, Chair ❑,.,.Diana Lopez, Member
❑ Jason Amen Hetep, Member [],".Robert Nole, Vice Chair
0 Ronald Frybort, Member E3/ Ellen Sullivan, Member
A Quorum is: 19Present ❑ Not Present
-r
❑ Others Present: )c�►��1 ��C .���' C� IiL' ,.�'%�. .� ,, `4 �; �� �'1 �°�'�-!�
PUBLIC COMMENT: (TIME LIMIT OF 5 MINUTES PER SPEAKER)
APPROVAL OF AGENDA: *S Submitted,4With Changes Noted
SECRETARY'S REPORT: ,
Approval of Minutes: Minutes of April 9, 2002 � CiXA�1"i'1'
❑ Communications received and sent since last meeting:
1. Letter from John Pollard requesting investigation of unethical behavior on the
part of City Councilmembers
2. Letter from Kellie Wilson,Director of Metrics and Audits for the Board of Water
& Light requesting an Opinion of the Board regarding Solicitation of Items or
Funds fromVendors for Charitable Purposes
CITY ATTORNEY'S REPORT:
CHAIR'S REPORT:
TABLED:
OLD BUSINESS:
NEW BUSINESS:
❑ 1. Statements of Financial Interest filed by City Employees (for a list of Statements
filed please refer to attachment#1)
❑ 2. Statement for Professional Services received from Michael R. Kluck&Associates
received on March 18, 2002
BOARD ROUND TABLE
ADJOURNMENT ` L
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
DATE APRIL 9 , 2002 - 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
Jason Amen-Hetep
Ron Frybort
Diana Lopez
Ellen Sullivan, Ph.D.
ABSENT: None
A QUORUM WAS PRESENT Yes
OTHERS PRESENT: Jack Roberts, Asst. City Attorney
M. Denise Griffin, Chief Deputy City Clerk
PUBLIC COMMENT: No Public Comments
APPROVAL OF AGENDA: Motion by Vice-Chairperson Nole to approve the agenda as
presented/amended
MOTION CARRIED 6/0
SECRETARIES REPORT: Chief Deputy City Clerk Griffin administered the oath of office
to Diana Lopez
Approval of Minutes: Motion by Member Jason Amen Hetep to correct the minutes of
March 12, 2002 to show that he said he was expecting a child. Motion by Member Frybort
to correct the spelling of Mr. Burleson's name under round table discussion. Motion by
Member Amen Hetep to approve the minutes of March 12, 2002 as corrected.
MOTION CARRIED 6/0
CITY ATTORNEY'S REPORT: The City Attorney did not make a report.
CHAIR'S REPORT: Chairman Anderson welcomed the newest board member, Diana
Lopez. He stated that City Clerk Miner was ill.
1
M/NUTfS-BOABDOfETN/CSNUT/NCAPB/L 9,2882,99.2
TABLED ITEMS:
OLD BUSINESS:
1. Draft of Complaint #29 and Letter to Lansing City Council
Chairperson Anderson stated that City Clerk Miner had asked Assistant City Attorney John
Roberts to review the letter that had been prepared for City Council regarding the Opinion
#29. Chairperson Anderson said that Mr. Roberts has suggested minor changes to the
letter and opinion.
Motion by Member Sullivan to approve the letter and Opinion #29 with the revisions
suggested by Attorney Roberts and Boardmembers
Motion Carried 6/0
Chairperson Anderson recessed the meeting at 6:35 P.M. to allow for the changes to be
made to the letter and opinion #29
2. Statement of Financial Interest filed by M. Denise Griffin, Chief Deputy City Clerk
Motion by Member Sullivan to receive and place on file the Statement of Financial Interest
Motion Carried 6/0
Assistant City Attorney Roberts asked to be excused at 6:35 P.M.
Meeting reconvened at 7:05 P.M. and board members signed O,por#29.
NEW BUSINESS:
BOARD ROUND TABLE Diana Lopez introduced herself, she stated that she has a
family 2 daughters, and 1 grandchild who is 6 weeks old. She said that she is looking
forward to making a contribution to this board.
Member Amen Hetep invited everyone to attend the initiation of the Lion's Club on April 27,
2002. He-told-tl4e ea;d-tha-t-the-r-L-ason-he-was-disa-bled-is-bec-a-use-he-fell-in-a-hole-when-
he-werrt to-gethisoi hanged-He said that when he got out of his car to talk with one of
the attendants who were telling him that his car needed more work done to it, he fell into
a manhole.
2
M/NUTIS-BOABB OF, TN/CSNffT/NCAPB/L 9,2002,a 3
Chairperson Anderson stated that he might not be at the next meeting due to his son
graduating from MoIkehouse College.
ADJOURNMENT
Respectfully submitted,
M. Denise Griffin, Recording Secretary
Date Minutes Placed on File:
3
. •/j r
From the 4-15-02 Council Meeting Packet
JOHN L. POLLARD REFERRED TO THE CITY
ATTORNEY AND TO THE BOARD OF
MOTIVATIONAL CONSULTANT. ETHICS
1718 BLAIR ST.,'LANSING,MI 48910-l'101
(517)484-1171
Motivating People to:
(.::Pro::ndeavor, Achieve, Cooperate & Excel
May, 12 2002
Calvin Anderson , President
Ethics Board
City of Lansing
c/o. City Clerk :
9th Floor City.'.Hall
124 ..W. Michigali-.Ave_
c,
Lanni n9;.`MI 48933cJi
Dear ' Mr . Anderson:
Enclosed is a copy of my March 6, 2002 column,less than five City of Lansing Charter violati in which I cite no
vio anon_ in
an one or inanee
_ ave a o. esente
council meetings . To -date nothing has been done ,'s same mnor odoes itn at tappear
that anyone in the. city has any idea of what to do about these
charges _
Therefore , I am formally requesting that the Ethics Board look into
all these allegations and inform me as to the exact procedures
required to .redress my allegations . Unlike man
y in this
I view the Charter as the City's equivalent of thee Constitution orty ,
the Holy Bible . Therefore, it should not be violated or circumvented
by anyone , especially the mayor _ Indeed , Section 1-501 calls for
stiff penalties for any person found
uilty
How then , do we get from my formal , wgitte Of violating
thethe
Charter .
stage? What process should be followed inn ordergfor penalty
Prevail? In other words , where do we Justice to
go from here?
I look forward to hearing from you soon regarding this very serious
matter _ Thank you for your cooperation and invaluable assistance _
It is very much needed and greatly appreciated _
Feel free to call me if you have any questions or need more
information : I can also be reached by E-mail at
1p!�thepeacemaker ws.
PE E,
John L. Pollard
cc:: Mayor Hollister., City Council , City Attorney,Lansing. State Journal City Pulse,
GUARANTEED RESULTS
Motivational&Public Speaker •Keynote Addresses •Meeting&Conference Presenter • Workshop&Seminar Facilitator
• Customized Training •.Crisis Interventinn e 12—....., n�._,_
MICHAEL R. KLUCK & ASSOCIATES
4265 Okemos Road, Suite G
Okemos, Michigan 48864 STATEMENT FOR
(517) 349-7610 PROFESSIONAL SERVICES
Fax: (517) 349-8544
TO: Ms. Debbie Miner March 13, 2002
CITY OF LANSING - Ethics Board
Lansing City Clerk's Office -
City Hall Building
124 W. Michigan Ave.
Lansing, MI 48933
Our records reflect the following outstanding balance on this account: $6,736.27
If this amount has been paid, please disregard. If this amount has not
yet been paid, please submit payment of the total account balance
below.
PRESENT BALANCE OF ACCOUNT $6,736.27
;U vp
WATER&LIGHT HOMETOWN . JPLE.HOMETOWN POWER.
Kellie L. Willson, MBA, CPA 1232 Haco Drive
Director of Metrics &Audits P.O. Box 13007
(517) 371-6040
(517) 371-6855 Fax Lansing,MI48901-3007
E-mail: klw@lbwl.com 517.371 �6000
April 17, 2002
Lansing City Board of Ethics
124 West Michigan Avenue
Lansing, Michigan 48933
Dear Ethics Board Members:
It is my understanding that, according to the Lansing City Charter, you may render advisory opinions
with respect to the meaning and application of the City's laws establishing standards of conduct for
officers or employees. -
Last year BWL's Board of Commissioners formally endorsed both the letter and the spirit of the City's
Ethics Ordinance and encouraged management to provide ongoing annual training to all BWL
employees about the provisions. In BWL's development of the training, a question has arisen about
the following situations. Therefore, I am asking you to render advisory opinions on each of the
following situations:
Solicitinq Items or Funds from Vendors for Charity or Charitable Purposes
1) During the holiday season some employees in one of BWL's departments call one or more of
BWL's vendors and ask them to donate items. The items are then sold to employees in that
department at an auction or raffle. The proceeds are given to a local charity.
2) Some BWL employees serve as members of local educational or charitable organizations. On
behalf of the non-profit organization they call BWL vendors and ask the vendor to make financial
contributions directly to the non-profit organization.
3) During the annual United Way campaign, some BWL employees contact BWL vendors and local
businesses and ask them to donate items. The items are then awarded by a random drawing to
BWL employees who contribute to the United Way. The higher dollar value items are available
to be awarded to employees donating higher dollar amounts to the United Way.
As BWL's Internal Auditor, I have concerns about the activities listed above for the following reasons:
1) There is a cost to BWL and therefore our customers for these contributions from vendors and for
the value of their'donated' items.
2) It will be difficult for vendors to distinguish between what is'solicited for charity'and what may be
solicited for personal;use.
3) Asking for gifts `for charity'seems inconsistent with the prohibition on asking vendors for gifts.
4) A vendor's response to such a request could inappropriately influence a BWL department's or an
employee's purchasing or standard setting preferences.
In addition, the city's ethics manual appears to prohibit using one's position as a public employee
even when it benefits a nonprofit organization. Shown below is an answer to a frequently asked
question about misuse of position or power from page 8 of the City's Ethics Manual:
Q: " I know it would be wrong to use my employment with the city to further my own interests, but
if I can do some good for my friends, relatives or nonprofit organizations, is there any harm
in helping them?"
A: "Definitely. The ethics ordinance states that city officers and employees may not use their
public offices for the private gain of others,which means your own gain or the gain of
individuals or organizations with which you are connected."
I appreciate your timely consideration and response to my questions. If you require more information
or clarification, pleage feel free to contact me at 702-6040. Thank you.
Kellie L. Willson
Printed on recycled paper
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
JUNE 11, 2002 - 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: Bob Nole, Vice-Chairperson
Ron Frybort
Jason Amen Hetep
Ellen Sullivan, Ph.D.
ABSENT: Dr. Cal Anderson, Chairperson
Diana Lopez
A QUORUM WAS PRESENT Yes
OTHERS PRESENT: Jack Roberts, Asst. City Attorney
Debbie Miner, City Clerk
M. Denise Griffin Chief Deputy City Clerk
Kellie Wilson, Board of Water & Light
PUBLIC COMMENT: There was no public comment.
APPROVAL OF AGENDA: Motion by Vice Chairman Nole to approve the agenda as
presented/amended
MOTION CARRIED 4/0
SECRETARY'S REPORT:
Approval of Minutes: Motion by Vice Chairman Nole to approve the minutes of May 14,
2002 as amended
MOTION CARRIED 4/0
CITYATTORNEY'S REPORT: Assistant City Attorney,Jack Roberts did not give a report..
CHAIR'S REPORT: Chairman Anderson did not give a report
OLD BUSINESS:
1
N/N11TES,-BOABB8fETN/9SNEET/N8/DNE11,2002pg-2
1. Statements of Financial Interest filed by: Joseph Pandy Jr., James D. Smiertka, Liza
Estlund Olson, Thomas Dominic Cochran, Linda M. Sanchez, Joan Bauer, Tony
Benavides, Larry Meyer, Kellie Wilson
Member Sullivan moved to receive and place on file, with no further action required at this
time, the above referenced statements of financial interest.
MOTION CARRIED 4/0
Member Sullivan moved that all remaining statements of financial interest filed in May,
containing zero disclosures, be received and placed on file with no further action required.
MOTION CARRIED 4/0
2. Letter from Kellie Wilson, Director of Metrics and Audits, Board of Water & Light
Ms. Wilson said that she has been with the BW&L for the past 20 years as their internal
auditor, and that she works directly for the commissioners and serves as part of the
management team. Over the years she has become increasingly aware of the City's
Ethics Policy. In fact, the Board of Water& Light has adopted a resolution endorsing the
letter and spirit of the City's ethics ordinance. Her concern is that their employees receive
training so that they know what the rules are, and can avoid being in a position that can be
construed as a violation of the Ethics Ordinance. One question that came up in the
development of that training is, what do they do in relationship with vendors where they
actually ask for things from the vendor. Their employees solicit items from vendors and
raffle them off to employees. The proceeds of the raffle are then donated to St. Vincents
Home. Another situation that is causing concern is the Junior Achievement Golf Outing,
where they sell tickets to the golf outing and checks are actually written to Junior
Achievement, who gets the proceeds after costs are paid. The third situation that is of
concern involves the United Way Campaign, wherein employees who make donations to
the United Way are eligible to receive raffle tickets in exchange for their donations. The
raffle tickets are given on a graduated scale, in other words, the amount of your donation
determines what type of raffle prize you are eligible to win. This computation is based on
a percentage of the employees salary. The BW&L does not currently issue
acknowledgments to vendors who make contributions to charitable events. Member Nole
asked if she would still have these concerns if a process for acknowledgment of
contributions was in place. Ms. Willson indicated that she would still feel it was not the
best use of company time. She indicated that many different personnel were involved in
soliciting donations. Mr. Roberts asked Ms. Willson if the people making the solicitations
are the same people who are directly related to the vendors for the purpose of buying or
selling goods or services. Ms. Willson said they come from different departments,they are
the people that are working with the equipment and deciding that the equipment is suitable
for their use, they may even get to choose the supplier. The actual purchases are made
2
N/NOTES-BOOB OffTN/CSNEfT/NC/UNE11,2002off 3
by their Purchasing Department. They have a specification group and a user evaluation
group that advises them. Mr. Roberts asked if the party that makes the request is the
same party that is directly involved in purchasing the equipment, or someone that the
vendor will otherwise know. Ms. Willson responded in the affirmative. Mr. Roberts asked
her how the vendor would know this person. Ms. Willson said that vendors cultivate
friendships that help them to meet their business needs. Mr. Roberts asked Ms. Willson
if these vendors were proffering presents or gifts of a value over $50.00 to employees as
a part of standard business practices. Ms. Willson answered no.
Mr. Roberts questioned Ms. Willson as to the statements made at the time that donations
are solicited, specifically, as to whether statements are made that make it clear that the
solicitation is strictly for charitable purposes and there is no return special benefit offered
to the vendor. Ms. Willson said that she believes that employees are identifying the
solicitations as being for charitable events; she does not think there is any dishonesty
involved, but she is concerned about potential risk, and that the solicitation is being done
on company time. Mr. Roberts asked if there was any relationship between the person
soliciting the donation and the employee who ultimately receives the donated item in the
raffle. Ms. Willson answered that the raffle process makes that a very unlikely result.
Member Amen-Hetep asked Ms. Willson if there had been any complaints by customers
about this process. Ms. Willson answered no.
Member Frybort asked Ms. Willson if there is a recording process through which
employees record the amount of gifts received over a period of time. She answered no.
Member Frybort asked Ms. Willson if it is her perception that people may be taking
advantage of an opportunity to solicit charitable donations to the detriment of the Board of
Water & Light. Ms. Willson said that would be negligible. These are salaried people who
probably come in early and stay late to countereffect any loss of time on the job spent in
charitable solicitations.
Member Sullivan asked Ms. Willson about management's position with regard to these
solicitations. Ms. Willson reported that Management is behind these charitable activities,
seeing them as good works, charitable works that help the morale of employees and
provide a lot of fun in doing so.
Mr. Roberts asked Ms. Willson when the raffle was held, and she responded that it is held
at the BW&L Employee Christmas Party. Member Frybort asked if vendors are
encouraged to take part in this party. Ms. Willson said that vendors have their own
separate employee appreciation parties.
Mr. Roberts asked Ms. Willson how the United Way solicitations are done. Ms. Willson
answered that they are on work time. There are different categories and dollar value of the
donations being made. In this case a management leader and a union leader solicits
3
N/NUTES,•BBABBOfETN/CSNUTIM91=f 11,2002pg.4
prizes and then establish a methodology for how they will be given out. Mr. Roberts asked
if the people who are making the requests are eligible to participate in the drawing to
receive them. Ms. Willson answered yes.
Member Sullivan pointed out that it is becoming more and more common in companies for
employees to receive gifts, or some benefit, as an incentive to participation in fundraising
efforts.
Mr. Roberts said that there are two issues here. Is what is being done unethical as
determined by the ethics manual, and are certain criteria being followed to diminish, or limit
the ability of someone to abuse something that is not on the face of it unethical? What is
needed is a set of internal controls. There are three distinct and separate situations being
described.
• a. A raffle that should be governed by State Law through the Bureau of State Lottery.
If the Board is following the procedures and requirements of the Lottery Commission
for the conduct of gaming, the matters that concern Ms. Willson are matters that are
otherwise governed by regulation. The most discomforting part of this for him is the
possibility that a vendor who is being asked to make a donation may have an
improper impression that the giving of a donation will influence whether or not they
are entitled to, or will receive certain benefits from the organization. If the lottery
legalizes the raffle, then the focus of the organization is how do we ensure adequate
controls are in place and being followed. His second concern is that the person
making the solicitation should probably be divorced from the ability to benefit
personally, so that the person making the solicitation is not going to be in a position
to reap a benefit.
• b. Appearance; It is not unethical to make solicitations, but the approach needs to make
sure that there cannot be an appearance of unethical behavior. In the ordinance the
test is not the appearance, but whether or not there is an actual violation. The Board
may want to make a provision in their opinion that would specify how the appearance
is avoided.
• c. Solicitation of items to be given in return for United Way donations. If the person
making the solicitation is not eligible to receive a benefit in any fashion, then the
ethical violation is limited. It needs to be made clear that these solicitations are being
made for charitable purposes and that the solicitors are not eligible to receive the
item.
He does not see an issue with the golf outing that Ms. Willson described because the
person making a solicitation in this case is not making it for anything other than a non-profit
benefit, and that is clear up front there is not even an implication that the vendor is going
to receive a benefit from their donation.
4
M/NOTIS-BOUROfETN/CSNEET/NOJONI11,ZOOZpg.5
NEW BUSINESS:
On behalf of the Board's Nominating Committee (Frybort and Sullivan), Member Sullivan
moved that Dr. Calvin Anderson be elected as Chairman for the 2002/2003 year, and that
Robert Nole be elected as Vice Chairman for the 2002/2003 year
MOTION CARRIED 4/0
BOARD ROUND TABLE
Member Amen Hetep moved that the July meeting be canceled.
MOTION CARRIED 4/0
Member Amen-Hetep moved that Mr. Roberts bring a list of discussion points to the August
meeting, as well as information from Ms. Willson.
ADJOURNMENT
Respectfully submitted,
Debbie Miner, Recording Secretary
Date Minutes Placed on File:
5
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
AUGUST 13 , 2002 - 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
Ron Frybort
Jason Amen Hetep
Ellen Sullivan, Ph.D.
ABSENT: Diana Lopez
A QUORUM WAS PRESENT: Yes
OTHERS PRESENT: Jack Roberts, Asst. City Attorney
M. Denise Griffin, Chief Deputy City Clerk
PUBLIC COMMENT: No Public Comment
APPROVAL OF AGENDA:
Motion by Vice President Nole to approve the agenda as presented
MOTION CARRIED 5/0
SECRETARY'S REPORT:
There was no Secretary's Report
CHAIR'S REPORT:
Dr. Anderson said both of the communications listed on the agenda will be dealt with in the
City Attorney's report.
CITY ATTORNEY'S REPORT:
1. Tetra Tech Disclosure Letter
Jack Roberts said he is going to take the items on the Agenda in reverse order because the
1
N/NUTIS-B81BB8FITN/CSNEET/N6AD6UST 13,2992
Board of Water Light issue is more lengthy.
He explained that Mr. Spangler worked for the City for a considerable period of time, over 20
years. He worked in a number of different capacities during that time. At one time he was the
head of the Waste Water Treatment Plant, moving up to Deputy Director of the Public Service
Department, and most recently the Acting Director of the Public Service Department, which
position he held from the beginning of this year until he retired 2 months ago. This
information is based on his recollection. The disclosure is from his current employer, Tetra
Tech, MPS. He looked through the City Charter and found no prohibition or requirement of
disclosure in the Charter itself. He said the only prohibition within the charter is for someone
who has been an elected City Officer from becoming a City Employee after they retire. The
charter says that you can not do that for a year. He said this is quite common for the
engineers,who work for the public service department and get to understand the process and
procedures, to then go to the private sector such as Tetra Tech, who contracts with the City.
He said that he does not believe that Mr. Spangler's job with Tetra Tech is one in which he
solicits business with the City. The City has had an ongoing relationship with Tetra Tech.
They act as the City representative on a number of construction jobs, including the CSO
Project and the sewer project. He said the disclosure requirement is found in the Code of
Ordinances under 290.09 (b) as described in the letter.
Member Sullivan said that the way she reads it, anytime this company has any business with
the City they need to include this disclosure, with every City Contract and purchase order.
Mr. Roberts said that every contract or purchase order that the City has with this specific
outside agency should contain the disclosure.
Member Frybort asked if this has to be done with each contract. Mr. Roberts said that in the
bid form for public service contracts there is some disclosure. Member Frybort felt it would
be more important to have it in the bid process.
Mr. Roberts said that most public service contracts are set up in a way that the bid is part of
the contract itself. So that, the Contractor commits to the bid they have submitted and is
required to follow remaining contract provisions. He said that he did not think that Mr.
Spangler had specific confidential information regarding pending bids that could be released
to Tetra Tech, thereby giving them an advantage in a bidding situation.
Member Frybort asked if Mr. Spangler was subject to the one year prohibition. Mr. Roberts
responded in the negative, saying that, that provision was specific to elective positions. He
said that he did not find anything in the ordinance that requires the Board to take any action.
Dr. Anderson said the correspondence was addressed to the City Clerk, but a referral was
made to us, and wondered if the Board was responsible for responding.
2
M/NUTfS-BOOB OfETN/CSNFITINO190ST 13,1002
Mr. Roberts said that the Board of Ethics can receive it and place it on file. He said the
ordinance indicates that there is to be a disclosure in writing to the City Clerk, and the intent
is that the Board of Ethics be made aware of it, and that was done.
2. Affidavit of Disclosure filed by John A. Baker, Captain in the City of Lansing Fire
Department
Mr. Roberts said the second issue is a disclosure relative to someone who he believes has
taken employment, or a volunteer position, with a volunteer fire department, but does not
know that to be a fact. He said his impression is that this is someone who is a City firefighter
who is going to operate in a similar capacity within another organization. In looking at the
disclosure, there is a substantial lack of information as to what he is going to be doing. In the
interest of expediency he took the liberty of sending Mr. Baker a letter requesting additional
information on behalf of the Board.
Member Frybort questioned the nature of this position, and whether Mr. Baker was getting
paid.
Mr. Roberts said that he did not know if he was getting paid, and has asked for additional
information to be able to make better suggestions to the Board
Member Sullivan questioned if there is a prohibition against a full time employee accepting
other employment.
Mr. Roberts said the City does not have a specific prohibition; the question is whether or not
the nature of the other employment will conflict with the employee's existing duties, or be an
ethical violation. He said that he does not know how the Union feels about moonlighting. He
said that the International Association of Fire Fighters may have a problem with him working
for another organization.
Bob Nole questioned the responsibilities of a Captain, and wondered, in the event of a major
catastrophe affecting dual communities, how would Mr. Baker handle this.
Mr. Roberts said the place where he sees that there could be the most conflict is being on call
all the time. He suggest that Mr. Baker be invited to attend the next board meeting so that
the Board can address him with questions they feel are germane to this issue.
Chairman Anderson asked Mr. Roberts to inform Mr. Baker of the Board's request that he
attend the next Ethics Board Meeting. He said he believes that there are number of serious
questions that the Board would like answers to.
Dr. Anderson said that he would like to publicly express his appreciation for the job that Bob
Nole did at the last meeting.
3
N/NUTES--NPUB8fETN/CSNffT/N8IffUST 13 2002
• Board of Water & Light
Mr. Roberts distributed copies of State Statute section 123.391, of PA 301 of 1969. This has
to do with municipal utilities. The reason he has provided this is to show that the utility has
a specific state statutory authority to make gifts for the public interest. That has some bearing
on what is being discussed today. He said it has some bearing on whether the Board of
Water and Light can make contributions and donations to good works. He reminded the
Board that at the last meeting Ms. Willson indicated that there were three activities that she
was concerned about, which were not all specifically addressed in the letter, however some
reference was made and she fully explained what her concerns were.
Issue #1; Involved solicitations done at Christmas time, wherein employees of the Board of
Water and Light solicit goods/things from Board of Water and Light Vendors that they do
business with on a regular basis, and then those items are donated for a raffle which takes
place at a Christmas party. Mr. Roberts said that his recollection is that Ms. Willson indicated
that the party is done on Board of Water and Light property during regular hours. The
employees who are invited to attend the party are given an opportunity to buy raffle tickets
and then, based upon the purchase, the raffle tickets are drawn and the prize is awarded at
the Christmas party. Then in return, the money that is made from the tickets is donated to St.
Vincent's. He said the concerns that were expressed were fivefold. The first one is the lack
of records as to what is received and how it is accounted for (as to which employee receives
it.) He said the second concern is "were people who made the solicitation able to
participate." He said, to the best of his knowledge, it is a blind draw where the tickets go into
the box and are drawn out, so whoever has the ticket is the lucky one to get it. This is done
in a public setting, and is not susceptible to dishonesty. The third concern has to do with
perception and that has two separate parts. One was the possibility of the perception on the
donors part, that because they made the donation they would get some business preference.
The second possible perception was on the Board of Water and Light's part, that because the
donor makes the donation they would have the ability to be given a business preference. Dr.
Calvin Anderson said that it appears that the donors are a cross section of vendors and not
necessarily one category. Mr. Roberts said that he was right and wrong, because he
remembers that there was one vendor, who appeared to give a whole spectrum of different
prizes in different values and had an apparent larger number of items donated than anyone
else. He said the other concern was, the perception and the possibility of wrong doing, and
did Ms. Willson have any specific evidence of wrong doing. The fifth concern was the use
of company time to solicit the prizes. He said the easiest one to dispel is the last, because
the statue makes it legal for the Board of Water and Light to do this as part of their business,
which would include the ability to permit employees to do this during company time. He does
not see that as an ethical issue, but an issue of management and employment. He said Ms.
Willson reported having brought this to the attention of the management, who said this was
a good activity and they supported it. They felt it was good for employees morale, and it
served a good cause. He said that he did not see the use of company time to be an issue or
a problem with the Ethics Board, unless it is a problem for the Board of Water and Light itself.
4
N/NUTfS-B81BBOfETN/CSNUT/N8JOYST 13,2882
Member Frybort asked Mr. Roberts if he sees the legislative body that has jurisdiction as City
Council or the Boards board?
Mr. Roberts said it is the Board, because under the charter, the Board of Water and Light is
the only special Board entity in the City that is charged with management of its own functions.
Member Nole questioned if there would be repercussions if an employee did not want to
participate in events like this. His concern is that an employee who brought this issue to us
questioning its ethics, and saying that they felt threatened if they did not participate, and felt
it would effect their work environment.
Mr. Roberts said that he was not sure if that was an ethical question, that is an employment
concern.
Mr. Roberts said the next area that he would focus on is the accounting area. As the Board
felt might be the case, he went to the Bureau of State Lottery and obtained the Gaming Act
and Rules of procedures. It appears that any raffle,which in a single giveaway gives property
whose aggregate value is more that$100.00, is required under the lottery statue and gaming
commission rules to file the packet required by the Bureau of State Lottery. They require a full
and complete reporting of accounting. Ms. Willson did check after our meeting and reported
that this is not a raffle for which a license is obtained. Regardless of the ethics of it, we need
to call that to their attention. Doing so will alleviate a number of concerns relative to
accounting matters. He said the State has a packet with specific rules for different activities.
To do a raffle, you get a license which is only for one night, and all of the raffle drawings are
done in one night between certain hours. There has to be a designated chairman and
workers for the raffle,the chairman can receive compensation, but the workers cannot exceed
compensation more than $5.00, which could take the form of goods. The drawing must be
in the open and done at one time. At the end you have to account for all monies and gifts
collected and there is other information that has to be disclosed. He proceeded to read the
rules for compensation. He said that one concern was that some of these items donated
might not go to the raffle, and something that has a value of over $5.00 could be given to a
worker, but you have to identify the workers and they have certain responsibilities. He said
this is clearly a highly regulated area of state law that addresses the concerns that were
expressed relating to accounting. Because of the way the prizes are obtained, there still
remain concerns on Ms. Willson's part, relative to perception or the possibility of the
perception of violations. He said in evaluating that and reading the ordinance, although it
talks about avoiding the appearance of impropriety, there is not anything in the ordinance
itself that prohibits something that creates a possibility of violation. In other words, it's notjust
the probability of violation, but is there a violation. He said that someone saying that there is
a possibility that an ordinance could be violated in this way, does not alone make it a violation
of the ethics ordinance. He said he looked at the ordinance to see what might be applicable
to this particular activity, or address the concerns expressed by Ms. Willson. They are that
you won't give anything in violation. That would be something from the outside party. He
5
N/NUTES-B81BB9fETN/CSNEEl/NRIO0OSTI3 2892
described the prohibitions on page #18.
Member Frybort questioned if perception of a violation isn't realizing that there is an
opportunity for it, what is perception? Mr. Roberts said that only the acts that are prohibited
are the ones that you cannot do. If you give a gift with the intent that it is not going to result
in someone turning around and giving you specific special action that you want, then it is not
a violation. This then, only becomes a violation if something is received in return.
Mr. Roberts said the next provision is the flip side of that, and that is that no officer or
employee of the City is going to accept a gift given for the purpose of getting something in
return. Member Frybort questioned the provisions on page #7 that say what types of
situations would come under the appearance provisions. Mr. Roberts said that the booklet
says an appearance is a problem, and technically when you read the ordinance itself, the
content of the book that talks about appearance is borne out in violations. He said the book
has an error or a mistake in it. He said if it is based only on appearance and you have no
actual basis for it, it does not become a violation or a prohibited act of the ordinance.
Member Frybort asked if it was safe to assume that if you have a violation, you cite it as such.
If there is an appearance, you can only suggest a remedy and acknowledge the perception,
but it is not necessarily a violation. Mr. Roberts answered yes. Member Frybort clarified; you
make a recommendation in regard to an appearance, and you make a citation in regard to a
violation. Mr. Roberts responded affirmatively.
Chairman Anderson said the bottom line is they need to clearly state that there will be no
special benefit in their solicitations. Mr. Roberts said, regarding concerns about the gift
situation you have to go to the next section. The next section says, if the gift given is less
than $50.00, that is generally not presumed to be a violation of the first or second provision
that we just talked about.
Referring to the list of items provided by vendors for a Board of Water & Light 2001 Charity
Raffle which was prepared by Kellie Willson and dated June 11,2002, Member Frybort asked
if all the things that,for example, Gilbert gave would be considered one gift. Mr. Roberts said
that he did not know; he is focusing primarily on the raffle and this has a significance because
if you follow the requirement, which they are going to have to follow under the gaming act, the
drawing for this is going to dispense with one of the possible perceptions, because it is going
to be an open drawing that is going to be by lot, so that the person who solicits the gift is not
the person who is going to receive the gift.
Chairman Anderson said that he is concerned about what we say to them from a legal
standpoint. As far as a raffle is concerned, the Ethics Board might want to consider referring
them to the State Lottery for Gaming, but we don't need to carry this any further than a strong
recommendation that they refer to the Gaming Act.
6
N/NUTES-NOANOOfETN/CSNEET/NOINOT 13,2892
Mr. Roberts said that may or may not be true, because there is a distinction. That is, that the
Gaming Act does not deal with the solicitation aspect of a person getting the gifts that they
ultimately have to account for. There is still the perception issue, and he thinks that the way
to avoid the perception and to avoid any misconception on the part of someone who has been
solicited for a gift, is that part of the process should be a letter to the solicited, acknowledging
the solicitation with a receipt for the gift and stating the purpose for which it is was received.
Mr. Roberts said there are two aspects, one has to do with the raffle itself and the accounting;
those concerns will be dealt with by state law. The second one has to do with how prizes are
obtained, and the possibility of confusion or the perception of confusion, as to whether or not
there is preferential treatment. This can be addressed easily with an acknowledgment letter
indicating receipt of the item and the purpose for which it was received.
Chairman Anderson said he thinks it has to be done before the acknowledgment. After you
have already given the gift, you might have expectations. He said his point is, that the point
of solicitation is the time to make it clear that there will be no special benefits given in
reciprocation.
Member Frybort suggested the use of a disclaimer. A disclaimer form could be used for the
purpose of acknowledging the gift, itemizing what was given for the record keeping function
and making it clear that no reciprocal benefit was contemplated.
Chairman Anderson said you get donations first and can't acknowledge it until after it's been
received, otherwise you are assuming what you are going to get.
Member Sullivan suggested a two step process; step one solicitation, step two
acknowledgment.
Mr. Roberts said that in the making of the solicitation it must be made clear that this is a
solicitation for a charitable donation to a raffle
Member Sullivan said it seems we are really saying that the Board of Water and Light needs
to manage its functions, and that it needs to make the employees who are doing good works
on their behalf, aware of the procedures that they need to follow.
Mr. Roberts said it is possible to suggest the establishment of procedures that would include
initial solicitation, fully identifying what the purpose of the solicitation is, and a follow up that
acknowledges it.
Bob Nole said the person sitting on the phone calling for those items should have a check list
that would include name, the item agreed to donate, the value, and a carbon copy to be sent
out to the vendor. This would serve as a receipt as well as a sign off stating that it was freely
7
N/NUTES-BOABBOfETN/CSNFIT/NOINOT 13,2992
given for the sole purpose of the charity, no strings attached. Then the solicitor would sign
off, saying that this was done freely for the sole purpose of the charity, and so on. This
should be kept in their data base and then there won't be any questions as to who got it,when
they got it, or what the value was. Also there should be a last column showing who won it
and where every item went.
Chairman Anderson said he does not want tell them how to do it, but he would like to set up
some broad based guidelines for them to follow. He thinks it is our responsibility to suggest
to them the things they need to do, and leave it up to management to figure out the nuts and
bolts of it.
Mr. Roberts clarified that the Ethics Board is in agreement that what the Board of Water &
Light needs to do is to make their purpose clearer at the time of solicitation and provide a
follow up disclaimer.
Chairman Anderson asked that a statement be made at the time of solicitation that donations
are not accepted or given in contemplation of a reciprocal benefit being offered. His concern
is the timing of the disclosure, if a dinner for four is given, it needs to be made clear, right
away, that no special benefit is being offered or considered in return.
Mr. Roberts said we want to say:
1. The process appears to be a raffle that is governed by State Statute, and if it is, it needs
to comply with the requirements of state law.
2. It would be prudent, to avoid any appearance that there might be a violation of the
provisions of the ordinance (quote the ordinance), to make an adequate disclosure at the
time of the solicitation, that states the purpose for which the donation is received and that
no special benefit will result from it.
Issue #2. The next activity that Ms. Willson described was a golf outing. He did not find any
specific concerns expressed as to how this could be improperly administered.
Mr. Roberts said his understanding is that the difficulty that was described is because Mr.
Pandy is on the Junior Achievement Board of Trustees, and because he was with the Board
of Water and Light, that created some kind of conflict. He said the statute says the Board of
Water and Light can give a gift to Junior Achievement, if Board of Water and Light via
management wants to make a donation, or solicit that type of donation. He said that he does
not find a conflict.
Member Sullivan said in most organizations this is called community service. This is not
sponsored by the Board of Water & Light for Junior Achievement; it is a Junort Achievent
project and the Board of Water & Light is represented on the Board of Jujnior Achievement.
8
N/NOTES•BOINOfETN/CSNEET/NCINNT 13,2892
Mr. Roberts said the foursome in question was made up of the General Manager, Mr. Pandy,
their legal representative Larry Wilheit and his boss, and the Finance Director of the City. He
did not see any violations nor did he see any perception of the possibility of a violation.
Mr. Roberts said this type of fund raiser is prevalent and that a party who participates in it
does not reasonably have an assumption that their participation will result in some economic
benefit. His difficulty is that when he looked at this list he did not see this different for Junior
Achievement. He said he did not see this as something that was totally Board sponsored.
He saw this as a Junior Achievement Golf Outing in which different organizations, including
the Board of Water & Light, are asked to participate and make a donation and play a round
of golf. He does not see confusion here.
Chairman Anderson said he does not want to get into management decisions, and he doesn't
see where there are ethical decisions that this Board can act on.
Member Sullivan said there is nothing wrong with allowing an employee to participate in a
community organization and be involved in fund raising.
Member Frybort said that he agrees that this is all ethical, but is concerned about whether
we are being consistent from the point of the vendor issue.
Chairman Anderson said that many of these people have on multiple hats and it is hard to tell
which one they have on.
Jason Amen Hetep said we have to define what this act is. What happens with funds
generated, and if the funds are not directly beneficial to the participants, what is the damage
if you don't participate.
Bob Nole said perception is the big issue. He said there are perception issues that need to
be cleaned up.
Dr. Anderson questioned the perception of the golf outing. He said one other thing to
consider is the many sponsors participating and deriving benefits. He does not read much
into this, these are just people contributing to Junior Achievement.
Mr. Roberts said he did not think this was much of an issue and Ms. Willson agreed.
Member Frybort said the Golf Outing situation is different because it does not involve the
Board outside of their realm.
Member Sullivan said that gift donors are not limited exclusively to Board Vendors.
Issue#3; Is activity with the United Way. The difference is, outside vendors are solicited for
9
N/NUTfS.•BOARDOfETN/CSNEET/N6A0 0T 13,2882
purposes of donating prizes being given away in return for employees contributions to United
Way. He said solicitors may be one person from management, this is not a raffle and not
buying a ticket for a certain dollar amount.
Chairman Anderson asked if this is lottery based. He said there are some distinctions
between the lottery and ticket buying issues. If you don't make a contribution, you are not
eligible, and the size of your contribution dictates your eligibility to receive a given prize.
Member Sullivan questioned the issue of value received, and also questioned if they are
creating a liability against their donations for tax purposes.
Mr. Roberts said, if he knows only two gifts get to this level, he can see a possibility for abuse.
He said that he agrees with the disclosure suggestion. This is not as clear of a problem as
it relates to perception of favoritism.
Member Sullivan said it makes her uncomfortable that prize eligibility appears to be based on
dollar amounts contributed and contribution amounts to the United Way are supposed to be
confidential.
Chairman Anderson said our concern, as the Ethics Board, is that we don't get involved in the
games that people play. He said the United Way is something where we let them go by their
own rules.
Mr. Roberts said when making suggestions, to make them relative to the raffle. He said there
should be a full disclosure when a prize is solicited. He said that he would compose a letter.
Member Frybort said some issues in the letter should be acknowledging the Board for their
good work and having the best fund raising around. Also acknowledging respect for Ms.
Willson, for what she has done, and appreciation for her concern and willingness to
acknowledge pro-active concerns.
Member Frybort questioned if we should acknowledge issues that should be covered by
management. Maybe we could say we have looked at all issues and these issues should be
dealtwith by management, orthat these issues appearto be underthe realm of management.
OLD BUSINESS:
1. A letter from Kellie L. Willson of the Board of Water & Light requesting a formal opinion
regarding possible conflicts of interest involving solicitation of items or funds for vendors
for charity or charitable purpose.
THE BOARD REQUESTED THAT MR. ROBERTS PREPARE A LETTER; DISCUSSION
WAS HELD UNDER THE CITY'S ATTORNEY'S REPORT
10
M/NUTES.•B91BBOffTN/CSNffT/NCA000ST 13,2992
NEW BUSINESS:
1. Letter from Tetra Tech MPS informing of their employment of Jimmy L. Spangler, Former
Director of the Public Service Department for the City of Lansing
THE BOARD REQUESTED THAT THE CITY CLERK WRITE A LETTER STATING A
CONCLUSION THAT NO ETHICAL VIOLATIONS WERE FOUND, AND THAT THEIR
LETTER WAS RECEIVED AND PLACED ON FILE. DISCUSSION WAS HELD DURING
THE CITY ATTORNEY'S REPORT
2. Affidavit of Disclosure filed by John A. Baker, Captain in the Lansing Fire Department
MR. ROBERTS WROTE TO MR. BAKER REQUESTING THAT HE ATTEND THE NEXT
REGULARLY SCHEDULED MEETING OF THE ETHICS BOARD ON TUESDAY,
SEPTEMBER 10, 2002
DIALOG INCLUDED IN CITY ATTORNEY'S REPORT
BOARD ROUND TABLE
No Round Table Discussion
ADJOURNED 7:45 P.M.
Respectfully submitted,
M. Denise Griffin, Recording Secretary
Date Minutes Placed on File:
11
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
OCTOBER 8, 2002 - 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
Ronald Frybort, Member
Ellen Sullivan, Ph.D., Member
ABSENT: Jason Amen Hetep, Member
A QUORUM WAS PRESENT
OTHERS PRESENT: Jack Roberts, Asst. City Attorney
Debbie Miner, City Clerk
M. Denise Griffin, Chief Deputy City Clerk
Captain John Baker, Lansing Fire Dept.
PUBLIC COMMENT:
APPROVAL OF AGENDA:
Motion by Member Sullivan to approve the agenda as presented.
MOTION CARRIED 4/0
SECRETARY'S REPORT:
Approval of Minutes: Motion by Member Sullivan to correct the minutes of the June 11,
2002 meeting as follows; By replacing the word Cities with City's on page 2, and by
replacing the sentence found in the last paragraph of page 2 that reads "This is done by
a fair share giving computation which is a percentage, such as 1% of the salary of the
employee."with the following "This COMPUTATION IS BASED ON A PERCENTAGE OF
THE EMPLOYEE'S SALARY"; by replacing the word "were" with "WAS" in the second
paragraph of page 3; by adding the statement "as an incentive to participation in fund-
raising efforts"to the end of the second paragraph on page 4; by adding the statement"ON
BEHALF OF THE BOARD'S NOMINATING COMMITTEE (FRYBORT AND SULLIVAN)"
to the motion to elect the Chair and Vice Chair under new business on page 5; by making
other minor grammatical corrections, and to approve the minutes as corrected.
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M/NYTIS,-B81BB8FIrN/CSNFIT/NCOCTOBEB8,2002,off.2
MOTION CARRIED 4/0
By Member Sullivan to correct the minutes of August 13, 2002 by making minor
grammatical corrections throughout; by spelling out IAFF (International Association of Fire
Fighters); by correcting the spelling of the word germane; by adding the statement
"REFERRING TO THE LIST OF ITEMS PROVIDED BY VENDORS FOR A BOARD OF
WATER & LIGHT 2001 CHARITY RAFFLE PREPARED BY KELLIE WILLSON AND
DATED JUNE 11, 2002"; to the beginning of the fifth paragraph on page 6; by correcting
the last paragraph on page 8 to read as follows: "Member Sullivan said in most
organizations this is called community service. This is not sponsored by the Board OF
WATER& LIGHT for JuniorAchievement; it isA JUNIOR ACHIEVEMENT PROJECT AND
THE BOARD OF WATER & LIGHT IS REPRESENTED ON THE BOARD OF JUNIOR
ACHIEVEMENT"; by correcting the twelfth paragraph on page 6 to read as follows:
"Member Sullivan said THAT GIFT DONORS ARE not limited exclusively to Board
Vendors"; by adding the words "AGAINST THEIR DONATIONS FOR TAX PURPOSES"
to the end of the third paragraph on page #10; and by correcting the fifth paragraph on
page 10 to read as follows: "Member Sullivan said it makes her uncomfortable that PRIZE
ELIGIBILITY APPEARS TO BE BASED ON DOLLAR AMOUNTS CONTRIBUTED AND
CONTRIBUTION AMOUNTS TO, THE UNITED WAY WERE SUPPOSED TO BE
CONFIDENTIAL," and to approve the minutes of August 13, 2002 as corrected.
MOTION CARRIED 4/0
CITY ATTORNEY'S REPORT: City Attorney Roberts presented Boardmembers with a
proposed draft of opinion #30, the response to Kellie Willson of the Board of Water and
Light. Discussion and action follows under "Old Business."
CHAIR'S REPORT: Chairman Anderson announced that Member Jason Amen Hetep has
had a death in his family, and was not able to attend tonight's meeting.
OLD BUSINESS:
Motion by Vice Chair Nole to move item #6 under communications up to the next item of
business on the agenda.
MOTION CARRIED 5/0
1. Letter from Capt. John A. Baker of LFD submitting clarification of the Affidavit of
Disclosure he filed and his involvement with the Looking Glass Regional Fire Authority
Member Frybort questioned Capt. Baker regarding the time commitments expected to be
required by each of the positions he proposes to hold. Capt. Baker responded that he
2
N/NKIS,•BOABBOfETN/CSNUMN6OCTUIN9,2002,pg,3
works 24 hour shifts for the City of,Lansing right now and until things are up and running
with the Looking Glass Regional Fire Authority (LGRFA) he is basically working 6-8 hours
per week. Member Frybort asked if Capt. Baker works 40 hour weeks for the City of
Lansing. Capt. Baker responded that he works 54-56 hours in a two week period.
Vice Chair Nole clarified that Capt. Baker is assisting the LGRFA in the building of a fire
department from the ground up. He is doing this as he is available right now, but plans on
going full-time following his retirement from the City of Lansing.
Member Frybort asked Capt. Baker if anything beyond the 24 hour shift per week that he
works for the City of Lansing right now can be considered as his own free time. Capt.
Baker responded in the affirmative.
Vice Chair asked Capt. Baker who provides fire protection services to the subject
community at this time. Capt. Baker answered the City of DeWitt.
Member Frybort asked how big the station would be. Capt. Baker answered that they
would consist of six full-time staff and up to 20 part time.
Chairman Anderson asked how many people are currently on staff. Capt. Baker answered
that right now it is just him.
Attorney Roberts asked Capt. Baker how he is currently paid. Capt. Baker answered that
he's a salaried employee.
Vice Chair said that he interprets the report from the LGRFA to say that they have
established guidelines for Capt. Baker to have equipment and staff put in place, and
Captain Baker then implements their plan. In the meantime he is at the wheel for the
Authority.
Member Frybort asked Capt. Baker for a timetable for the recruitment of additional staff.
Capt. Baker said they will hire and train staff over the course of the next two years,
beginning in 2003 and completing the hiring process in 2004.
Attorney Roberts asked Capt. Baker if he is involved in the hiring process. Capt. Baker
answered yes, along with the Board. Attorney Roberts asked Capt. Baker if he would be
soliciting firefighters from within the Lansing Fire Department. Capt. Baker responded in
the negative. Mr. Roberts told Capt. Baker that his reading of the job description from the
LGRFA leads him to question Capt. Baker's ability to perform both jobs at the same time.
The question before the Board of Ethics is; there is going to be a point in time when
conflicts between the two jobs will manifest themselves. The problem the Board must
wrestle with is; at what point in time will that situation take place? In the job description
presented to the Board, Capt. Baker owes his primary duty to the LGRFA, not to the City
3
N/NUTES,-BOUBOf1TN/CS NUT/No 09,NUB 8,2002,pg,4
of Lansing. There will be conflicts that come up under this job description which is one of
a "hands on manager with hands on style." If the Fire Department is up and running prior
to his retirement, the job and the duties in the job description will be in direct conflict with
his responsibilities to the City of Lansing Fire Department. He will be responsible for major
fires and directing fire activities. Capt. Baker said that his agreement with the Authority is
that until he is retired from the LFD, he can remain in his employ here as Captain. Attorney
Roberts explained that it is not a matter of remaining here. It is that the duties of the City
of Lansing must take precedence over the duties described in thejob description they have
before them.
Member Frybort said that the challenge of this issue is that over a period of time this
position could evolve considerably, and it is very difficult for the Board to envision how
these two positions will mesh together, especially since that will not happen until after they
have already rendered an opinion.
Vice Chair Nole asked Capt. Baker when they will actually have the firehouse equipped
and staffed. Capt. Baker answered that it will be about 6-12 months. The notices for bids
are just going out. They are also hiring a Deputy Chief who will be in place to handle
details when he is not there. Mr. Nole described the following scenario to Capt. Baker; the
firehouse is built, the trucks are purchased and staff has been hired. The Fire Department
is fully functional. A catastrophe occurs while you are there in the performance of your
duties. In the middle of these events, another catastrophe occurs in Lansing, and you are
required to take up your job duties here. How could this conflict be resolved?
Member Frybort said that the timetable under which the Deputy Chief is hired should be
consistent with the increasing work load as it develops.
Chairman Anderson said under Capt. Baker's specific schedule he is on a certain number
of hours and off a certain number of hours. Is there a time where, for one reason or
another, he cannot adhere to that schedule because of the seriousness of something that
has happened? If he is in Lansing on a 24 hour shift and someone is supposed to be
coming on duty to relieve him, but they do not show up does he have to remain on duty to
cover a portion of someone else's shift? Capt. Baker responded that is something that
could happen, but usually it only lasts for 1-2 hours.
Vice Chair Nole asked Attorney Roberts to express the Board of Ethics concerns from a
legal standpoint. Mr. Roberts, in response to Mr. Nole said; the job description lists duties
that will create a point in time that it will be inconsistent for Capt. Baker to perform both
jobs. The timing will be the key to determining to which employer he owes the greater
responsibility. Capt. Baker said that the Deputy Chief will be hired within the next year.
That individual will handle a lot of the shift work. His agreement with the LGRFA is that the
City of Lansing job comes first until his 25 years are in.
4
N/NUTES.B810OffTN/CSNIHIN60CTOBEBB,2002,pg,5
Member Frybort asked if there is a workers compensation issue for the City involved in all
of this. Attorney Roberts responded in the affirmative, saying; there definitely is. By the
job description there will be specific risk for injury, exposure and disease that would affect
whether Capt. Baker would be able to perform his job duties to the City of Lansing. What
he refers to is a type of risk that is greater by being exposed to it in another venue. Capt.
Baker has brought this issue to the Ethics Board. They are not about conflicts with the City
and his job duties here, but about ethics considerations. The Board is looking at whether
or not the nature of the job that Capt. Baker wants to take may be in direct conflict with the
Ethics Ordinance.
Member Frybort asked Capt. Baker if this job will be full time when fully implemented.
Capt. Baker answered yes. Mr. Frybort asked Capt. Baker if his future employer would be
willing to break the job description down by calendar, and correlate when certain duties will
come into play? Could the job be broken down into phases so the Board could look at it
and see what the job description is as it evolves and a Deputy Chief is hired?
Member Sullivan clarified; October 2002 to March 2005 consists of 2 years and five
months. Based on that time frame, are there some assurances that can be given that a
conflict will not exist with Capt. Baker's employment with the City? If a statement could be
submitted that relays their understanding that his position with the City of Lansing has
priority from now until March of 20,05, and that when development of their Department
reaches a point where there is a building, employees and services to manage, that the
Deputy Chief will have been hired and be in full charge. In this way there would be
assurances that there would not be a conflict with Capt. Baker's current position with the
City of Lansing.
Capt. Baker asked for clarification of the request. The Board wants to know when a
Deputy Chief would be hired? Member Frybort responded that the Board wants to know
what it is he will be responsible for prior to the hiring of a Deputy Chief. There would be
a natural reluctance to hire a deputy as long as Capt. Baker can carry the full load. The
Board would like to know what the time table is in terms of hiring the Deputy Chief.
Member Sullivan noted that some employers prohibit their employees from having other
part time employment. She asked Mr. Roberts if the City has any such prohibition. Mr.
Roberts answered that the prohibition would have to be specific to the IAFF, and he is not
familiar with the collective bargaining agreements of the Fire Department, therefore he
cannot answer the question.
Capt. Baker said that the Fire Department contract specifies that they cannot work part
time for other fire departments as volunteer fire fighters or EMS personnel, but this position
is different because it is administrative in nature.
Attorney Roberts asked Capt. Baker if this proposal has been submitted to the Union.
5
N/NUTES•B=9flFETN/CSMEET/NSOCTOBENB,2002,,ug,6
Capt. Baker answered that he has requested an interpretation, but they have not gotten
back with him on it yet.
Member Frybort asked if there is a written process, and if so has Capt. Baker followed it?
Capt. Baker said that he went to the executive board of the Union. Member Frybort asked
Capt. Baker if his union would give the Board a letter saying that they concur with what he
is proposing?
Motion by Vice Chair that Capt. Baker attend the November meeting of the Ethics Board
and at that time that he should bring two documents:
• Clarification of the time frame and prioritization of the position with LGRFA. The Board
would like clarification of which of his duties he will be responsible for prior to the hiring
of a Deputy Chief and the time table for hiring the deputy.
• Statement from his union relative to whether this is a violation of his union contract, or
is acceptable under the union contract
MOTION CARRIED 4/0
2. Draft Opinion #30 from City Attorney in Response to a request by Kellie Willson of the
Board of Water & Light
Motion by Member Frybort that the following additions be made to the draft opinion:
In the second to last line add "IF AT THE TIME OF SOLICITATION, THERE IS AN
ADEQUATE DISCLOSURE TO THE VENDOR, WHICH SHOULD AT THE LEAST
IDENTIFY THE PURPOSE FOR WHICH THE DONATED ITEM IS RECEIVED. ETC"
On page 2 under the golf outing, in the first paragraph at the end of the last sentence add
the word "DONATION" after the word organization.
In the first paragraph under "Golf Outing" add a final sentence to read "OTHER TEAMS
ALSO PLAY IN THE EVENT, AND THEIR PARTICIPATION LIKE THE BW&L TEAM, IS
SPONSORED BY THE BUSINESS OR ORGANIZATION DONATION."
Add a last paragraph to say"IT IS THE ETHICS BOARDS UNDERSTANDING THAT THIS
OPINION ADDRESSES THE ETHICAL CONCERNS YOU HAVE RAISED, THE ETHICS
BOARD WOULD LIKE TO COMMEND YOU FOR BRINGING THESE MATTERS TO THE
BOARD'S ATTENTION. IT IS BETTER TO BE PRO-ACTIVE IN MATTERS OF THIS
TYPE."
add to the final paragraph; "MATTERS OF THE AMOUNT OF COMPANY TIME USED
6
N/NDTES.-BOABBOfETN/CSNEET/N60CTOBEB8,2002,pg-7
FOR CHARITABLE FUND RAISING WERE NOT ADDRESSED HERE. SUCH
DECISIONS FALL WITHIN THE AREA OF BOARD OF WATER AND LIGHT
MANAGEMENT DISCRETION AND ARE NOT OTHERWISE PROHIBITED. WE ALSO
COMMEND THE BOARD OF WATER & LIGHT FOR ITS GOOD WORKS AND
COMMITMENT TO THEM."
MOTION CARRIED 4/0
Motion by Vice Chair to approve the draft opinion as corrected
MOTION CARRIED 4/0
NEW BUSINESS:
1. Affidavit of Disclosure filed by Helen L. Buse, Assistant Chief of Police for the Lansing
Police Department
The Board expressed a concern as to whether Ms. Buse was in a position to give
information to CJMI as to the City's bid selection process, since a blind bid process was
not used. The second point of concern is that her involvement with CJMI was as a
volunteer for which she did not receive compensation. If they receive a contract to do work
for the City, she does not stand to receive any compensation from them, nor would she
be in a position to go out of her way to see that they get any compensation for placing the
bid. The fourth paragraph of the.letter states that Chief Buse accrued a credit with CJMI
which will be given to the City in the bid process. As part of the bid, they are counting the
credit that Chief Buse earned. The Police Department wants to use CJMI even though
they were not the low bid on the project. The question is whether the credit distorts the bid
process. Member Sullivan expressed her feeling that it is not always the best decision to
go with the lowest bid. What we see here is a recommendation for the purchase of the
CJMI program at a slightly higher cost. Chairman Anderson said that another aspect of the
situation is that it is sometimes beneficial to have someone who has worked with a training
program on board when you bring that training to employees. Chief Buse has disclosed
that she has been involved with them. They are now bidding on a contract. She is not
currently involved with them, and if they get the contract, she is not going to be involved
with them on the project for which they are bidding. Under the ordinance it cannot be seen
where a benefit is going to accrue to the person who has made the disclosure. It is almost
like a donation. Member Frybort said that his only concern is that Chief Buse participation
has distorted the bid process because it gives them an incentive to be competitive.
Motion by Vice Chair Nole that Chief Buse be notified that "the Board has received the
Affidavit of Disclosure filed by Assistant Chief Buse and placed it on file. The Board finds
no violation of the Ethics Ordinance in the activities described, especially considering the
measures that Assistant Chief Buse has already taken and will take in the future to ensure
7
M/NYTfS.•B81BBOfETN/CSMEET/0flCTOBEB8,2002,09.8
that no conflict or appearance of conflict of interest occurs."
MOTION CARRIED 4/0
2. Letter from Deputy City Attorney Roberts to Captain John A. Baker of LFD
FOR INFORMATION ONLY - RECEIVED AND PLACED ON FILE
3. Letter from Chairman Anderson to James E. Scholl, P.E. at Tetra Tech MPS
FOR INFORMATION ONLY - RECEIVED AND PLACED ON FILE
4. Affidavit of Disclosure filed by Richard Peffley, Director of Production at the Board of
Water & Light
Motion by Member Frybort that City Attorney Roberts write a letterto Mr. Peffley requesting
additional information regarding the vendors he uses, and whether he has direct contact
with them as an employee of the Board of Water & Light
MOTION CARRIED 5/0
5. Ethics Board Schedule for August 13, 2002 through June 10, 2003
By Vice Chairman Nole to accept the proposed schedule of Ethics Board Meetings from
August 2002 through June 2003 as submitted
MOTION CARRIED 5/0
6. Letter from Capt. John A. Baker of LFD submitting clarification of the Affidavit of
Disclosure he filed and his involvement with the Looking Glass Regional Fire Authority
RECEIVED AND PLACED WITH. THE AFFIDAVIT OF DISCLOSURE FILED BY CAPT.
BAKER
7. Letter from the City Clerk notifying Councilmembers of the Resignation of Diana Lopez
from the Board of Ethics and requesting appointment to Board Vacancies
FOR INFORMATION ONLY - RECEIVED AND PLACED ON FILE
BOARD ROUND TABLE
ADJOURNED 8:30 P.M.
8
M/NUTIS,-B81BBBFI N/CSM1171NO89ANEB8,2892,pg,9
Respectfully submitted,
Debbie Miner, Recording Secretary
Date Minutes Placed on File:
9
CITY OF LANSING
AFFIDAVIT OF DISCLOSURE
DATE:
TO: CITY CLERK,
CITY ATTORNEY, or
BOARD OF ETHICS
make the following disclosure under oath:
(Name)
PLEASE CHECK THE APPROPRIATE, BOX OR FILL IN THE BLANKS FOR EACH OF THE
FOLLOWING ITEMS
Ye No
1. 0 1 am an ❑ elected or ❑ appointedMllclx)
r olemployee of the City of
L sing ho In the position of " In the
9
�7y o ��tl�iiv� department
❑ eo�l am an immediate family member related to an elected or appointed
officer or employee of the City of Lansing named
holding the position of in the
department.
❑ I am a Business Associate of an elected or appointed officer or employee
of the City of Lansing named
Holding the position of in the
Department.
2. ❑ I may derive income or benefit directly from a contract with the City or
from any City action detailed below. (Charter 5-505.1)
❑ ,95 I may have a conflict between a personal interest and the public interest,
the nature of which is disclosed below (Charter 5-505.2) [Chapter
#290.04(I) of-the Code of Ordinances]
❑ 1 may have a financial interest in a matter proposed to be acted upon by
the City of Lansing as described below[Chapter 290.04(1)of the Code of
Ordinances]
❑ ❑ 1 make this disclosure because. of a possible appearance that I may be
in violation of or in conflict with the City of Lansing Ethics Ordinance as
provided for in the Code.or Ordinances and in the City Charter
3. This position is: Full time ❑ Part time (less than 25 hours/wk) ❑ Unpaid
4 Mai Address is: �/�1 ✓e-7; 11 �T a,��'L�aivv . Z5 9
S
CONTINUED ON PAGE 2
AFFIDAVIT OF DISCLOSURE-PAGE 2
5. My Business (daytime) Phone # is: �lg3
PLEASE DESCRIBE IN DETAIL YOUR REASON(S) FOR SUBMITTING THIS DISCLOSURE
6. AND EXPLAIN WHY YOU THINK A CONFLICT MAY/MAY NOT EXIST.
Zb T'. %-
'
I hereby certify that this disclosure is complete and accurate to the best of my
knowledge, information and belief.
The foregoing Affidavit of Disclosure was executed on this 94�9 day of
20��.
/, �g /_.�
�,. Signed
State:6f Michigan, County ofh'l J64L,61�
Subscribed and sworn to before me this day of200 Z_
:y Notary Publiclorlbeputy Clerk
County, Michigan
My Commission Expires:
DRAFT 5A;REVISED 10-09-01
Mr. John M. Roberts Jr.
Deputy City Attorney
City of Lansing Office of the Attorney
5th Floor, City Hall
Lansing, Mi. 48933
Dear Mr. Roberts,
Enclosed you will find a letter that I hope will answer any questions you and the
board may have regarding my activities with the Looking Glass Regional Fire
Authority. Please be advised that due to the fact we have no station, apparatus, or
personnel at this time my job for the next 1-2 years will be administrative in nature.
I have responded to each of the questions in the order that your office listed them in
your letter.
1. My job duties include attending all meetings that involve the Looking
Glass Regional Fire Authority. Those being: Fire Board, Equipment,
Policy and Personnel, and Building Committee. Upon completion of the
station and hiring of personnel I will also be charged with administrative
duties such as payroll, discipline, budget preparation, training and working
with other departments within Clinton, Ionia, and Eaton Counties. I am an
at will employee with the LGRFA and have no contract with them.
2. 1 am not required to be"on call"for the authority. When hired it was
agreed to that I would be able to finish my remaining time with the
City of Lansing Fire Department and would only be available on the days I
was not working at LFD.
3. The only contract that the authority has at the present time is with the
Architecture Engineering firm of Tower Pinkster Titus.This is for the
Architecture work involved in designing the fire station. I have been in
contact with this firm and they have no current contracts with the City of
Lansing. Should this change prior to completion of their contract I will
notify your office.
4. The only confidential information I may be privy to would involve the daily
operation of the City of Lansing Fire Department, which would have no
relevance to my position with the LGRFA.
Enclose you will also find a job description for the Chief of the Looking Glass
Regional Fire Authority. I do apologize for the lack of quick response in this matter
and will be attending the meeting on the 10tn
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
NOVEMBER 12, 2002 - 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.
V7 .n.
BOARD MEMBERS PRESENT: Calvin Anderson, PhD, Chair
Robert Nble, Vice Chair
Jason Amen Hetep, Member
Ellen Sullivan, Member
Ronald Frybort, Member; '
Mwl-
ABSENT: ' .
C '
A QUO "PRESENT Yes
OTHERS PRESENT`k. Jack Roberts, Asst. City Attorney
Debbie Miner, City Clerk
x y M. Denise Griffin, Deputy City Clerk
; � °' Capt. John Baker, Lansing Fire Department
� �. W.
PUBLIC COMMENT: ,
APPROVAL OF AGENDA:
Approval of Agenda: Motion byVlember Sullivan to amend the Agenda by moving the
Affidavit of Disclosure filed by Capt. John Baker of LFD up to the next item of business
MOTION CARRIED 5/O � _. .
City Clerk Miner reported that Lilla Reed, mother-in-law of Chief Deputy City Clerk M.
Denise Griffin, and expressed condolences on,"behalf of the Board to the Reed Family.
SECRETARY'S REPORT
3
1. APPROVAL OF MINUTES: Motion by Vice Chairman Nole to correct the minutes of
October 8, 2002 by; deleting the comma following Member Amen Hetep's first name;
inserting an apostrophe showing possession in the word "EMPLOYEE'S" in the first
paragraph of the approval of the minutes of June 11, 2002; delete the "s" from the word
"hours" in the first paragraph on page 3; replace the words "in which"-with-the-word-"that`---------
in the last paragraph on page 4; adding an "e"to the word "therefore" in the fifth paragraph
1
N/NYTIS•BOABBOFZTN/CSNEET/NRNOYENBEBI2, 2002,pg.2
on page 5; remove the second occurrence of the word "that" from the third paragraph on
page 6 and insert the word "should"following the word "he" in the same paragraph; delete
the words "from them" from the second sentence in the second paragraph under New
Business on page 7, delete the word "does" and replace it with "whether" in the seventh
sentence of the same paragraph, and add an "s" to the word "distort" in that sentence;
replace the word "bidder" with the word "bid" in the next sentence; add an apostrophe
showing possession to the word "Board's" in the twelfth paragraph of page 6, and to
approve the minutes of October 8, 2002 as corrected.
MOTION CARRIED 510
2. AFFIDAVIT OF DISCLOSURE FILED BY CAPT. JOHN BAKER OF THE LFD
Member Amen Hetep questioned Capt. Baker regarding the timeline in which he will be
working for the Looking Glass Regional Fire Authority. Captain Baker answered that it
would be a little more than a year before they are up and running at the LGRFA, and he
has 2.5 years before he is eligible for retirement from the Lansing Fire Department.
Member Frybort asked Capt. Baker about his current duties with the LGRFA as defined in
the letter dated October 10, 2002. Capt. Baker said that right now, in order to fulfill the
duties defined in the letter, he has to use his own free time, personal leave and other
accrued leave times.
Member Nole asked Capt. Baker when the LGRFA is expected to be up and running and
ready to respond to calls. Capt. Baker answered that they will be fully functional by the end
of next year in the fall of 2003, or the winter of 2004 in January or February. Member Nole
clarified; by the Winter of 2004 Capt. Baker expects to be operating as the Chief of a fully
functional Fire Department and responding to fires and other emergency situations. One
year after that, in 2005, he will be eligible for retirement from the Lansing fire Department.
Capt. Baker said that he will not be eligible for retirement from the City of Lansing until
March of 2005. Member Nole asked Capt. Baker if he feels he will be spreading himself
out too thin. He will be a very busy person when he takes on this workload. Capt. Baker
responded that he has personally been this way since he began working for the Lansing
Fire Department, when he started going to school and working on the side at the same
time.
Member Frybort asked Attorney Roberts what the Ethics Board's role is in this situation.
What should they be most concerned about. Mr. Roberts said that on top of what the
Board does there is the function of the City and the Fire Department Administration. If for
some reason the Captain was unable to fulfill his functions within the department and
maintain the position with the LGRFA, there would then be an employment action that he
would be subject to. It is not the Board's function to handle the employment aspects of
this issue, but to look and see whether or not there would be a direct or apparent conflict
2
N/N/TE&BOABBOffT1110NEETIN#NOYENBEB 12, 2002,off.3
with the nature of the functions he would be performing for the two agencies to see if they
would be incompatible. The time determination issue is hard to measure. Given the job
descriptions there may be a point in time when the two jobs become incompatible.
However, they may not be incompatible until some point in the future. One of the Board's
concerns should be that when that point occurs, it should be properly handled by Capt.
Baker. He suggested that the Board based upon current circumstances and the job
description provided, make it's considerations known now and invite Captain Baker back
at a future time to see how the reality of the job compares to current expectations.
Member Frybort questioned Capt. Baker regarding the hiring of a Deputy Chief and the
assumption of duties by that person. It is expected that this will relieve him of day to day
job functions at the LGRFA, providing more separation between that job and his job with
LFD. Captain Baker said that the Deputy Chief will be in charge at LGRFA when he is not
there.
Chairman Anderson asked Capt. Baker if, because of his status as a Captain, he is
considered to be on call during his off duty hours. Captain Baker answered no and said
there are only a couple of things that he can be called back on duty for; if someone goes
home sick, or for a fire if he can be reached by telephone. If he cannot be reached by
phone the next person on the call list is contacted. He is not required to carry a pager to
respond to. Chairman Anderson asked how many Captains there are currently on the
LFD? Capt. Baker answered approximately 25-30. Each Fire Station has a Captain for
each of their two shifts and there are 18 stations, so that number is conservative.
Chairman Anderson asked if Capt. Baker is on salary with the LGRFA? Capt. Baker
responded affirmatively. Chairman Anderson asked Attorney Roberts if there is any written
prohibition against Capt. Baker being on salary for the same type of job in two different
jurisdictions. Mr. Roberts responded in the negative, saying that there are no personnel
rules that he is aware of. He has checked with Labor Relations about this matter.
Member Frybort asked Capt. Baker if the requirement for being on call with LFD would be
pre-empted by the LGRFA job duties described in the letter. Capt. Baker answered no.
Member Frybort asked Capt. Baker if his resignation from the International Association of
Fire Fighters AFL-CIO Local#421 was related to this investigation. Capt. Baker responded
affirmatively, saying that the Union has taken a stance regarding what Fire Fighters do in
their spare time, specifically with regard to their associations with volunteer fire fighters.
Additionally, they are opposed to employment on a part time basis, believing that if fire
fighters were not employed on a part time basis they would be employed full time and
members of the union.
Chairman Anderson asked Capt. Baker how the LFD Administration regards this situation.
Capt. Baker reported talking to Chief Martin about it before accepting the position. Chief
Martin urged him to file the affidavit of disclosure and wished him luck.
3
N/NUTIS:BOABDOfETN/CSNZIT/NSNOYINBEB 12, 2002,pg.4
Member Frybort moved that the Board agree to reassess this situation in March of 2003
to see if there are still concerns about the City's interests being represented.
Member Anderson noted that the LGRFA would not begin advertising until March or April
of 2003, and suggested that the Board wait until May or June to review the matter to give
them time to complete their hiring process.
Member Sullivan suggested a conditional approval of Capt. Baker's employment situation
based on the current job description and responsibilities and their plan to employ a deputy
chief by May.
Vice Chairman Nole reminded his colleagues that the Board's scope is as to determine if
there is an ethics violation or conflict based upon the ethics ordinance. It is not their role
to make determinations with respect to employee discipline or whether he can perform his
job, regardless of what he does in his off time.
Attorney Roberts affirmed that it is not the responsibility of the Board to deal with discipline,
but with respect to the two jobs, they could be called upon to rule on the incompatibility of
the positions.
Member Nole said that he feels that May will still be too soon for a review of the issue and
that September may be a more reasonable time to revisit the matter.
Member Frybort amended his motion as follows; That the Board of Ethics has reviewed
Capt. Baker's dual roll with the Lansing Fire Department and the Looking Glass Regional
Fire Authority and sees no immediate conflict or ethical violation, but reserves the right to
monitor this employment situation beginning with a case review in September 2003.
MOTION CARRIED 5/0
3. COMMUNICATIONS SENT AND RECEIVED SINCE THE LAST MEETING:
A. Opinion #30; Response to a request by Kellie Willson of the Board of Water & Light
APPROVED AND SIGNED UNDER OLD BUSINESS
B. Letter to Assistant Chief of Police Helen Buse regarding the Affidavit of Disclosure she
filed
RECEIVED AND PLACED ON FILE
C. Letter from Deputy City Attorney Roberts to Mr. Richard Peffley requesting additional
information regarding his Affidavit of Disclosure
4
N/NOTfS-B91BBOffTN/CSNUT/N6NOVENBEB 12, 2002,pg.5
RECEIVED AND PLACED ON FILE
D. Letter from Lansing Fire Fighters Local No. 421 providing notice of the resignation of
Captain John Baker of the LFD from the International Association of Fire Fighters
RECEIVED AND PLACED ON FILE
E. Letter from the Looking Glass Regional Fire Authority providing information requested
by the Board regarding Capt. Baker's Position with them
RECEIVED AND PLACED ON FILE
F. Letter from Richard R. Peffley, Director of Production for the Board of Water and Light
responding to a request for information from Deputy Attorney Roberts
RECEIVED AND PLACED ON FILE
CITY ATTORNEY'S REPORT:
The City Attorney did not give a report.
CHAIR'S REPORT:
Chairman Anderson reported attending the Committee of the Whole meeting last week to
discuss Ethics Board vacancies. It was suggested to him at that meeting that
Councilmembers had not been notified of vacancies on the Board. President Meyer has
asked that the entire Council be notified of vacancies as they occur so that they can take
action to fill them. The City Clerk has conducted a research of Ethics Board minutes and
retrieved several letters that have been sent to City Council notifying them of Ethics Board
Vacancies. He will write letters to each Councilmember presenting them with copies of
notification of vacancies.
Motion by Member Frybort to amend the agenda to add under new business the matter of
notification of vacancies.
MOTION CARRIED 5/0
OLD BUSINESS:
1. Opinion #30, Response to Kellie Willson of the Board of Water & Light
APPROVED AS SUBMITTED AND SIGNED BY BOARD MEMBERS PRESENT
5
N/NYTES•B81BBOfETN/CSNEET/NSNOYENBEB 11, 1001,99.6
2. Affidavit of Disclosure filed by Capt. John Baker of the LFD
MOTION BYFRYBORT UNANIMOUSLY ADOPTED REQUESTING THATCAPT. BAKER
REPORT TO THE BOARD IN SEPTEMBER 2003 AS TO THE STATUS OF THE
PROJECT AND HIS DUAL ROLE
3. Affidavit of Disclosure filed by Mr. Richard Peffley, Director of Production for the Board
of Water & Light
CITY CLERK MINER TO WRITE A LETTER TO MR. PEFFLEY INVITING HIM TO
ATTEND THE REGULARLY SCHEDULED MEETING ON DECEMBER 10, 2002 TO
CLARIFY INFORMATION PROVIDED TO THE BOARD. AN ADDENDUM WAS
INCLUDED THAT MR. PEFFLEY VERIFY THAT THE BOARD MEETING ON
DECEMBER 10 IS NOT CANCELED
NEW BUSINESS:
1. Ethics Board Vacancies
Members discussed possible avenues for recruitment of new members, including;
• Posting Open Board Positions on the City's Web Site
• Posting Open Board Positions on City TV
BOARD ROUND TABLE
ADJOURNMENT
Respectfully submitted,
Debbie Miner, City Clerk
Date Minutes Placed on File:
6
If you have any further questions, please contact me.
Respectfully Submitted,
ohn A. Baker
517-749-6232
09010!2E302 06:21 517-697-7261 WENDY SIMMONS PAGE 02
UiOldlig Olass Ragion�1. l'irc �utnc7city
1%() 13t�x 14,E
UaLdc. MI 48822.
POjS[ ON DESCRIPTION
Title: Fixe Chief
Title of Supervisor: Personnel Director
Title of Subordinates: Deputy.Chief, Captains(2)
5urnnutry of Duties: The Fire Chief shall be responsible for planning,overseeing, and directing
the services and programs of the Lookaibg Glass Regional Fire Authority Fire Department both
directly and throughsubordinate supervisors.
Essential Duties and Responsibilities
Provides advise,counsel and expertise to tht,A.uthonty Board and Committees as
appropriate. Attends various Board and Corn=ttee meetings to address fire department
asues anal for informational purposes.
Directs, oversees,coordinates and reviews a work plan for services. Assigns work actitinties,
projects and programs;monitors workflow;reviews and evaluates wort:products,methods
and vrocedures.
Prepares ordinance revisions relative to public as well as firefighter safetv
Reports monthly to die Board on department activities including emergency responses,
unusual aircuuutances ud deviations from the Board policies and procedures,when such
occurs.
➢ Is responsible fbr the maintenance of records for the fire department including but not.limited
to: waandated reports,payroll records,equipment records and vehicle records including
maintenance schedules and other docurne.ntatien.
ShaH review all personnel and.operating problems. Shall..report monthly to the Authority
Board; an annual written report shall be submitted to the Authority Board:
a= Oversees, develops and mmiages departmental finwcial plans and resources;manages
depad mcntal expenditure,to best utilize available resources to carry out Department
objectives.
Prepares and presents to the Authority Board for approval., a proposed annual budget for the
department and ensures adherence to budgetary controls as required.
v Participatcs in grant writing activities to seek Rending sources for the department-
➢ Promotes strong community relations,projecting a positive image of.the Fire Department in.
all fire safety and prevention programs,
➢ Serves as spokesperson.for the department and plays a key role in establishing and
maintaining effective relationships with citizens,community groups and alder interests
including area media groups,;prepares dra.#ts for press release information;far dissemination
to the public.
Ensures development, implementatiop,and evaluation of'all fire prevention activities.
Represents the A.utbority in.developing positive relationships with.the public,community
groups,professional organizations,other fire departments and outside agencies. Serves as
spokesperson,and liaison with corrununity groups and other interests including area media
groups on matters related to department operations.
> Reviews plans and specifications submitted for uew construction for conformity to dire
codes.ordinmces and laws.
i- Conducts inspections of commercial buildings and other structures and to.ernure compliance
with ord.inar=and regulations,zrgarding 6xe safety.
i
09/16/2002 06:21 517-677-7261 WENDY SIMMCIAS PAGE 03
U',okill-g, ('.'11as, 1Zegiunili }'ll'i. Alit)'iOnt
- 1'U 13u;� 19a
Y Attends and participates in professional group meetings,conferences and Workshops; stays
abreast of new trends and innovations in the field of fire prevention, suppression Md-
operations.
Y Ensures.that all fire-fighting veknicles, equipment,and apparatus are properly maintained in
operating condition and that all equipment maintenance records are kapt tin file and-up to
date.
r Develops plans and specifications for the purchase of fire equipment following state and/or
national recommendations.
Oversees the ongoing maintenance of department facilities and equipment for sa l ety, fire and
other fire hazards.
Y Serves as Emergency Management Coordinator for. the Authority and dixe.cts department
activities at all major incidents.
> Performs all the duties of a fire fighter and operates all fire suppression e�uipment. Provides
departmental.fire service coverage as needed.
Responds to all major fires aid directs fire fighting and rescue activities.
➢ Shares the responsibilities of Duty Officer during non-business hours.
Investigates or delegates responsibility to investigate,the cause and origin of all faxes
involving loss life or property or those that involve injuries. Files reports;on all hire incidents
with the State Fire Marshal. Coordinates investigation with other public safety and law
exif Bement agencies.
Must mail?tuixi harmony between the Authority Board and the fire,dep art M- entt.
> Develops,organizes and implements responsive management strategies.
- Works with other area fire departments on fire suppression pre-planning,training of fire aad
einergency personnel as well as other areas of mutual concerns.
S- Recognizes and facilitates appropriate m=ures necessary to maintain personal health and
the health and welfare of Department personnel,i.e.: Critical Incident Stress Debriefing,a
physical fitness program, etc.
e- Ensures that the, department is adequately staff at all times, including Scheduling officers and
duty crews for minimum deparbnezlt persoxme,l responses to incidents.
➢ Monitors department personnel performance and takes.steps to cored arty problems. May
verbally counsel and issue written reprimands to personnel;may recomn tided suspension or.
termination to the Authority Hoard.
J- Oversees the rrmaixitenance of fire department training records,employee evaluations,MSDS
files,fire reports,and any other records required for the services provided;by the fire
department
Y Manages and.develops fire deparujaer.t staff;participates in and recommends himig of
personnel;trains,supervises,coordinates and evaluates staff.
Responds to grievances and maimains departmental discipline.
Directs and/or coordinates related management activities, i.e.: affirrnative'action, labor
relations,union contract,etc.
Plans,coordinates and supervises all activities of the fire department,
> Provides policy direction and leadership;provides for the effective development and
admini.sbration of departmental policies,procedures and standards.
> Plans for the Eutaw growth of the fire department considering the expansion of operations
and community growth,making recommendations for needed personnel,facilities,and
equipment.
Y Administratively responsible for strategic planning.
09?10/2002 06:21 517-6»-7261 WENDY SIMMONS PAGE 04
hooking Olass Regional Firc•Aiithont�
PQ lio? 193
Eaple, Mt 48822
> Matiages the development and.implementation of fire goals,objectives,policies and
priorities for assigned services area.
Plans,coordinates&reviews department objectives.
Reviews, develops or revises, and im,plcmezrts policies to meet OSIIA, AOSHA and IdFFA
standards as well as other regulations i upacdng fire and EMS services.
Y Develops,administers,and oversees appropriate training programs for all he fghtin
performel,=d designates persounel to carry out the training.
Ibe foregoing examples of duties are intended only as illustrations of the various types of work-
performed. The omission of specific statements of duties does.not exclude thaw from the
position if the work is similar,related. or a logical assig�azxaent to the position..:
Knowledge, Skills&Abilities
Education
y Associates Degree in fire science or related field or an equivalent combination of education
and experience.
Additional consideration given to attendance at the National.Fire Academy's Executive Fire
Officer Program,
Expezienoe
Minimum ten years progressively responsible.fire-fightiu experience concentrated in
supervisory,budgeting and persowel relations.
I,icensur�:
Possession of a Michigan EMT Certification with additional consideratiop.given to
possession of a Michigan Paramedic Certification.
Must maintain:a valid Michigan,motox vehicle operates licenses without restrictions(other
than corrective lenses requirement'
➢ Must possess and maintain a Current Tri-County Emergency Medical Coniml Authority
JCEMCA)authorization.
i► Must possess a Michigan Firefighter II Certification.
Must possess licensure as an NFPA Juspector m equivalent.
Skills
> Thorouo knowledge of modem fire suppression and prevention including the ICS,
Accountability, Safety,etc.and emergency medical services principles.,pr4ceduxes,
techniques and their.application as demonstrated through state EMT certification;
Pomiderable knowledge of state laws,ordinances and regulations.
Ability to train and supervise subordinate personnel;ability to perform work requiring good
physical condition;ability to communicat:effectively both orally and in waiting; ability to
exercise sound judgment in evaluating situations and in making decisions;ability to
effsetively give and receive verbal,and wtitten instructions;ability to establish and maintain
effective working relationships with,other employees,supervisors,and the general public.
lr Ability to effectively develop,manage,and evaluate fire preventi.oal,fire.%ippression,
ezn.ergeney medical senice,hazardous material,rescue and related fire service programs.
@9/10/2002 136,21 517-F^'-7261 IJEIJUY SIMMONS FEE 05
61,ASS Fire ALIU101'ity
I`() llox 193
MI
Y Ability to exercise considerable judgment in the development and application of
departmental work rules, stmdards,policies and procedw�es.
> Ability to effectively manage diverse emergency incidents;,necessitatlz,g tie ability to
effectively and quickly process visual and auditory data.
Must demonstrate leadership skills and abilities with a strategic orientation.
>�- Must possess ability to exercise independent judgment,
Must possess skill in community relations.
> Must possess knowledge or experience in labor negotiadons.
Must be.a `hands on' manager;possess a strong participatory management style wl5icb values
the contributions and diversity of all employees.
7 Must be an effective listener.
Other Requirements
➢ Must have zo felony`convictions or disqualifying crintinal histories Arithia tbC past seven
years.
Must possess a geographical knowledge of the,service area within three months of.
employment.
Must reside witbm.Eagle or Watertown Townsbips to ensure timely emergency response as
well as community involvement_
Must be able to speak,read,and write the English,langtmge.
> Must be able to meet the physical standards as detennined by the department.
Physical Requirements
The physical dcman.ds described here are representative of those t1kat must be.met by an
craplioyee to successfully performs The essential functions of tbas job. Reasonable
accommodatiozzs may be made to individuals with disabilities to perform the e.%5w.da] Anietions,
if requcsted in writing to the Looking Glass Regional Fire Authority Board.
While performing the duties of this position.,the employee is frequently required to sit,talk,
listen, stand,and walk; use hands to finger,handle,or operate objects,tools or controls;reach.
with hands and awns;occasionally be required to climb or balance, stoop,',kriee1,crouch or
crawl as well as taste or smell.
> The employee must occasionally lift arid/or move a minimum of la()pounds.
➢ Specific vision abilities required by this job include close vision,distwice.nsion,color
vision,peripheral vision, depth perception, and the ability to adjust focus:
The employee must possess the ability to recognize and identify similarities or differences
between characteristics of colors, forms, sounds,tastes,odors and textures associated with
job-related objects,materials and tasks,
Y The employee must possess the ability to swim,
Fork Enviroument
The employee must possess dic ability to work under cmadidons where exposure to
environmental factors such as temperature variations and extrezxzes,odors;toxic agents,violence,
noise:machinery,electrical current,wetness,disease andlor dust,may cause discomfort and
where there is a risk of injury.
Notes
4
09/10/2002 06:21 517-P-7-7261 WENDY SIMMONS PACAt 06
Glass l?.ev&n d Fire AudiurilN
.1 Pox 19
r l'.agle. MI<48r-?-
➢ Ms position description does not constitute a)a employment agreement between the
employer and the employee and is subjeci to change by the employer as the heeds of the
employer and the requirements of the position change.
The above statements are intended to describe the general stature and level or v ork being
performed. They are not to be construed as an exhaustive list of all duties performed,
Y A post-offer physical exam, including a physical agility test and drug screen,is required for
this position, The employee is subject to mdonn drug testing, and biannual agility testing as
scheduled by the Authority Board.
The thief will be an`at-will' employee,and as such,employment may be terminated at any
tirne without notice and without reason or cause.
5
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
NOVEMBER 12, 2002 - 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: Calvin Anderson, PhD, Chair
Robert Nole, Vice Chair
Jason Amen Hetep, Member
Ellen Sullivan, Member
Ronald Frybort, Member
ABSENT: None
A QUORUM WAS PRESENT: Yes
OTHERS PRESENT: Jack Roberts, Asst. City Attorney
Debbie Miner, City Clerk
M. Denise Griffin, Deputy City Clerk
Capt. John Baker, Lansing Fire Department
PUBLIC COMMENT:
APPROVAL OF AGENDA:
Approval of Agenda: Motion by Member Sullivan to amend the Agenda by moving the
Affidavit of Disclosure filed by Capt. John Baker of LFD up to the next item of business
MOTION CARRIED 5/0
City Clerk Miner reported that Lilla Reed, mother-in-law of Chief Deputy City Clerk M.
Denise Griffin, and expressed condolences on behalf of the Board to the Reed Family.
SECRETARY'S REPORT:
1. APPROVAL OF MINUTES: Motion by Vice Chairman Nole to correct the minutes of
October 8, 2002 by; deleting the comma following Member Amen Hetep's first name;
inserting an apostrophe showing possession in the word "EMPLOYEE'S" in the first
paragraph of the approval of the minutes of June 11, 2002; delete the "s" from the word
"hours" in the first paragraph on page 3; replace the words "in which" with the word "that"
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MINUTES: BOARD OF ETHICS MEETING NOVEMBER 12, 2002,pg. 2
in the last paragraph on page 4; adding an "e"to the word "therefore" in the fifth paragraph
on page 5; remove the second occurrence of the word "that" from the third paragraph on
page 6 and insert the word "should"following the word "he" in the same paragraph; delete
the words "from them" from the second sentence in the second paragraph under New
Business on page 7, delete the word "does" and replace it with "whether" in the seventh
sentence of the same paragraph, and add an "s" to the word "distort" in that sentence;
replace the word "bidder" with the word "bid" in the next sentence; add an apostrophe
showing possession to the word "Board's" in the twelfth paragraph of page 6, and to
approve the minutes of October 8, 2002 as corrected.
MOTION CARRIED 5/0
2. AFFIDAVIT OF DISCLOSURE FILED BY CAPT. JOHN BAKER OF THE LFD
Member Amen Hetep questioned Capt. Baker regarding the timeline in which he will be
working for the Looking Glass Regional Fire Authority. Captain Baker answered that it
would be a little more than a year before they are up and running at the LGRFA, and he
has 2.5 years before he is eligible for retirement from the Lansing Fire Department.
Member Frybort asked Capt. Baker about his current duties with the LGRFA as defined in
the letter dated October 10, 2002. Capt. Baker said that right now, in order to fulfill the
duties defined in the letter, he has to use his own free time, personal leave and other
accrued leave times.
Member Nole asked Capt. Baker when the LGRFA is expected to be up and running and
ready to respond to calls. Capt. Baker answered that they will be fully functional by the
end of next year in the fall of 2003, or the winter of 2004 in January or February. Member
Nole clarified; by the Winter of 2004 Capt. Baker expects to be operating as the Chief of
a fully functional Fire Department and responding to fires and other emergency situations.
One year after that, in 2005, he will be eligible for retirement from the Lansing fire
Department. Capt. Baker said that he will not be eligible for retirement from the City of
Lansing until March of 2005. Member Nole asked Capt. Baker if he feels he will be
spreading himself out too thin. He will be a very busy person when he takes on this
workload. Capt. Baker responded that he has personally been this way since he began
working for the Lansing Fire Department, when he started going to school and working on
the side at the same time.
Member Frybort asked Attorney Roberts what the Ethics Board's role is in this situation.
What should they be most concerned about. Mr. Roberts said that on top of what the
Board does there is the function of the City and the Fire Department Administration. If for
some reason the Captain was unable to fulfill his functions within the department and
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MINUTES: BOARD OF ETHICS MEETING NOVEMBER 12, 2002, pg. 3
maintain the position with the LGRFA, there would then be an employment action that he
would be subject to. It is not the Board's function to handle the employment aspects of
this issue, but to look and see whether or not there would be a direct or apparent conflict
with the nature of the functions he would be performing for the two agencies to see if they
would be incompatible. The time determination issue is hard to measure. Given the job
descriptions there may be a point in time when the two jobs become incompatible.
However, they may not be incompatible until some point in the future. One of the Board's
concerns should be that when that point occurs, it should be properly handled by Capt.
Baker. He suggested that the Board based upon current circumstances and the job
description provided, make it's considerations known now and invite Captain Baker back
at a future time to see how the reality of the job compares to current expectations.
Member Frybort questioned Capt. Baker regarding the hiring of a Deputy Chief and the
assumption of duties by that person. It is expected that this will relieve him of day to day
job functions at the LGRFA, providing more separation between that job and his job with
LFD. Captain Baker said that the Deputy Chief will be in charge at LGRFA when he is not
there.
Chairman Anderson asked Capt. Baker if, because of his status as a Captain, he is
considered to be on call during his off duty hours. Captain Baker answered no and said
there are only a couple of things that he can be called back on duty for; if someone goes
home sick, or for a fire if he can be reached by telephone. If he cannot be reached by
phone the next person on the call list is contacted. He is not required to carry a pager to
respond to. Chairman Anderson asked how many Captains there are currently on the
LFD? Capt. Baker answered approximately 25-30. Each Fire Station has a Captain for
each of their two shifts and there are 18 stations, so that number is conservative.
Chairman Anderson asked if Capt. Baker is on salary with the LGRFA? Capt. Baker
responded affirmatively. Chairman Anderson asked Attorney Roberts if there is any written
prohibition against Capt. Baker being on salary for the same type of job in two different
jurisdictions. Mr. Roberts responded in the negative, saying that there are no personnel
rules that he is aware of. He has checked with Labor Relations about this matter.
Member Frybort asked Capt. Baker if the requirement for being on call with LFD would be
pre-empted by the LGRFA job duties described in the letter. Capt. Baker answered no.
Member Frybort asked Capt. Baker if his resignation from the International Association of
Fire Fighters AFL-CIO Local#421 was related to this investigation. Capt. Baker responded
affirmatively, saying that the Union has taken a stance regarding what Fire Fighters do in
their spare time, specifically with regard to their associations with volunteer fire fighters.
Additionally, they are opposed to employment on a part time basis, believing that if fire
fighters were not employed on a part time basis they would be employed full time and
members of the union.
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MINUTES: BOARD OF ETHICS MEETING NOVEMBER 12, 2002, pg. 4
Chairman Anderson asked Capt. Baker how the LFD Administration regards this situation.
Capt. Baker reported talking to Chief Martin about it before accepting the position. Chief
Martin urged him to file the affidavit of disclosure and wished him luck.
Member Frybort moved that the Board agree to reassess this situation in March of 2003
to see if there are still concerns about the City's interests being represented.
Member Anderson noted that the LGRFA would not begin advertising until March or April
of 2003, and suggested that the Board wait until May or June to review the matter to give
them time to complete their hiring process.
Member Sullivan suggested a conditional approval of Capt. Baker's employment situation
based on the current job description and responsibilities and their plan to employ a deputy
chief by May.
Vice Chairman Nole reminded his colleagues that the Board's scope is as to determine if
there is an ethics violation or conflict based upon the ethics ordinance. It is not their role
to make determinations with respect to employee discipline or whether he can perform his
job, regardless of what he does in his off time.
Attorney Roberts affirmed that it is not the responsibility of the Board to deal with discipline,
but with respect to the two jobs, they could be called upon to rule on the incompatibility of
the positions.
Member Nole said that he feels that May will still be too soon for a review of the issue and
that September may be a more reasonable time to revisit the matter.
Member Frybort amended his motion as follows; That the Board of Ethics has reviewed
Capt. Baker's dual roll with the Lansing Fire Department and the Looking Glass Regional
Fire Authority and sees no immediate conflict or ethical violation, but reserves the right to
monitor this employment situation beginning with a case review in September 2003.
MOTION CARRIED 5/0
3. COMMUNICATIONS SENT AND RECEIVED SINCE THE LAST MEETING:
A. Opinion #30; Response to a request by Kellie Willson of the Board of Water & Light
APPROVED AND SIGNED UNDER OLD BUSINESS
B. Letter to Assistant Chief of Police Helen Buse regarding the Affidavit of Disclosure she
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MINUTES: BOARD OF ETHICS MEETING NOVEMBER 12, 2002, pg. 5
filed
RECEIVED AND PLACED ON FILE
C. Letter from Deputy City Attorney Roberts to Mr. Richard Peffley requesting additional
information regarding his Affidavit of Disclosure
RECEIVED AND PLACED ON FILE
D. Letter from Lansing Fire Fighters Local No. 421 providing notice of the resignation of
Captain John Baker of the LFD from the International Association of Fire Fighters
RECEIVED AND PLACED ON FILE
E. Letter from the Looking Glass Regional Fire Authority providing information requested
by the Board regarding Capt. Baker's Position with them
RECEIVED AND PLACED ON FILE
F. Letter from Richard R. Peffley, Director of Production for the Board of Water and Light
responding to a request for information from Deputy Attorney Roberts
RECEIVED AND PLACED ON FILE
CITY ATTORNEY'S REPORT:
The City Attorney did not give a report.
CHAIR'S REPORT:
Chairman Anderson reported attending the Committee of the Whole meeting last week to
discuss Ethics Board vacancies. It was suggested to him at that meeting that
Councilmembers had not been notified of vacancies on the Board. President Meyer has
asked that the entire Council be notified of vacancies as they occur so that they can take
action to fill them. The City Clerk has conducted a research of Ethics Board minutes and
retrieved several letters that have been sent to City Council notifying them of Ethics Board
Vacancies. He will write letters to each Councilmember presenting them with copies of
notification of vacancies.
Motion by Member Frybort to amend the agenda to add under new business the matter of
notification of vacancies.
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MINUTES: BOARD OF ETHICS MEETING NOVEMBER 12, 2002, pg. 6
MOTION CARRIED 5/0
OLD BUSINESS:
1. Opinion #30, Response to Kellie Willson of the Board of Water & Light
APPROVED AS SUBMITTED AND SIGNED BY BOARD MEMBERS PRESENT
2. Affidavit of Disclosure filed by Capt. John Baker of the LFD
MOTION BY FRYBORT UNANIMOUSLYADOPTED REQUESTING THAT CAPT.BAKER
REPORT TO THE BOARD IN SEPTEMBER 2003 AS TO THE STATUS OF THE
PROJECT AND HIS DUAL ROLE
3. Affidavit of Disclosure filed by Mr. Richard Peffley, Director of Production for the Board
of Water & Light
CITY CLERK MINER TO WRITE A LETTER TO MR. PEFFLEY INVITING HIM TO
ATTEND THE REGULARLY SCHEDULED MEETING ON DECEMBER 10, 2002 TO
CLARIFY INFORMATION PROVIDED TO THE BOARD. AN ADDENDUM WAS
INCLUDED THAT MR. PEFFLEY VERIFY THAT THE BOARD MEETING ON
DECEMBER 10 IS NOT CANCELED
NEW BUSINESS:
1. Ethics Board Vacancies
Members discussed possible avenues for recruitment of new members, including;
• Posting Open Board Positions on the City's Web Site
• Posting Open Board Positions on City TV
BOARD ROUND TABLE
ADJOURNMENT
Respectfully submitted,
Debbie Miner, City Clerk
Date Minutes Placed on File:
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