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Home My WebLink About2003 10 14.minutes.Board of Ethics 1 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING OCTOBER 14, 2003 - 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 Mary Claiborne Ronald Frybort Rev. John Folkers Ellen Sullivan, Ph.D. ABSENT: LaSandra Jones A QUORUM WAS PRESENT Yes OTHERS PRESENT: Jack Roberts, Deputy Attorney Debbie Miner, City Clerk M. Denise Griffin, Deputy City Clerk PUBLIC COMMENT: APPROVAL OF AGENDA: Chairman Anderson requested a motion to amend the agenda to move Captain Baker’s interview up to the first item of business following approval of the minutes, and also for the addition of a motion to cancel the meeting scheduled for November 11, 2003. MOTION CARRIED 7/0 SECRETARY’S REPORT: Approval of Minutes: Motion by Member Folkers to correct the minutes of September 9, 2003, as requested by City Attorney Robertson, by inserting on page 6, paragraph 3 the words “the Law Department” following the word “himself” and prior to “the City Personnel Director” and to insert the same wording in paragraph 6 of page 6 following the word “himself” and prior to “the Finance Director”, and to approve 2 the minutes as corrected. MOTION CARRIED 7/0 • Interview of Battalion Chief John A. Baker regarding the status of his dual employment with the City of Lansing Fire Department and the Looking Glass Regional Fire Authority: Member Frybort questioned Chief Baker about his dual role in the two Fire Departments. Last year he indicated to the Ethics Board that their concerns regarding potential conflicts would be resolved by the fall of this year with the hiring of a Deputy Chief at LGRFA. Has a Deputy Chief been hired? Chief Baker responded in the affirmative, saying that a Deputy Chief and three other fire fighters have been hired. Member Frybort asked the Chief to describe his roll, be it full time or part time, and if there are situations that would impact on his employment at LFD? Chief Baker said that his roll at the LGRFA is part time and would not impact on his employment with LFD. Member Sullivan recalled that Chief Baker had projected that his roll as Chief of the LGRFA would go full-time as of this fall. The Board would like to know if that has transpired? Chief Baker responded that he has full responsibility for running the department, even when he is not there. There are two other full time people and a third scheduled to assume full-time duties next year. Construction has begun on their facility and should be complete next year as well. City Attorney Roberts asked Chief Baker if LGRFA has any contracts for mutual aid with the City of Lansing? Chief Baker responded that Lansing Fire Chief Martin has not signed that contract yet. Member Frybort asked Chief Baker what his roll is in terms of negotiation of that contract between LFD and LGRFA. Chief Baker said that he would sign the contract based on how it is drawn up. Attorney Roberts noted that he would need to see the agreement in order to ask questions about it. Chief Baker said that he would not be involved in drawing up the agreement, the Authority would do that. It is a standard contract form used for mutual aid agreements. Attorney Roberts asked Chief Baker if it is possible that he could be called to respond to a fire incident while on duty with the City of Lansing involving the LGRFA? Chief Baker responded in the affirmative. Mr. Roberts asked who he would be responsible to in that situation. Chief Baker answered, the City of Lansing. Member Frybort asked Chief Baker whose responsibility he is when he responds on behalf of the LGRFA in the above described scenario. Chief Baker responded that while he is working for the City of Lansing, he is their responsibility. It is dependant on whom he reported for duty with. MINUTES: BOARD OF ETHICS MEETING DATE , 2001, pg. 3 3 Mr. Roberts asked; if you respond to a situation in the City of Lansing while on duty with the LGRFA and you are injured, are you eligible for compensation from the City of Lansing, and how far along are you in responding to fire emergencies with the LGRFA? Chief Baker said that he is a command officer. He does not actively fight the fires, he serves in a supervisory position. Mr. Roberts asked Chief Baker if he is involved in applying for grants or loans from any other governmental agencies, or the State of Michigan? Chief Baker said that the LGRFA may make such applications. Mr. Roberts reiterated, you do not have a duty to make grant applications for the Authority, nor will you have to do so prior to your retirement with the City of Lansing. Chief Baker said that he could not say. Member Frybort asked Chief Baker if the grants or loans that are in question are competitive in nature? Chief Baker answered yes. Mr. Roberts asked Chief Baker if he has any responsibility for grant writing or loan applications with the City of Lansing. Chief Baker responded in the negative, saying that it is not his function. Chairman Anderson thanked Chief Baker for coming back and spending additional time with the Board of Ethics to clear up their questions. Chief Baker stated his expectation that he would receive a letter from the Board formally indicating closure on this issue. Motion by Member Sullivan that the City Clerk send a letter to Chief Baker to state as follows: “The Board of Ethics has reviewed Battalion Chief Bakers dual roll with the Lansing Fire Department and the Looking Glass Regional Fire Authority. Based on the information offered by Chief Baker on the separation of responsibilities and separate work schedules for each position, the Board sees no current violation within the parameters of the City of Lansing Ethics Ordinance. We encourage Chief Baker to continue to monitor this dual employment relationship and maintain the separation as currently described.” MOTION CARRIED 7/0 Communications and Petitions sent and received since the last meeting: 1. Letters to Board of Water & Light Employees Joel C. McDowell, Kathy Younglove and Jeremy Adcock advising them of the disposition of their affidavits of disclosure MINUTES: BOARD OF ETHICS MEETING DATE , 2001, pg. 4 4 RECEIVED AND PLACED ON FILE 2. Affidavit of Disclosure filed by Daniel J. Flynn, Principal Consultant in the Project Engineering Department of the Board of Water & Light Motion by Member Sullivan that the City Clerk send a letter to Mr. Flynn to read as follows: “Based on the information you provided in your affidavit of disclosure, you are in apparent conflict with the provisions of the Ethics Ordinance, specifically section 290.04(k) which states; ‘Except as otherwise provided by law, no officer or employee shall participate in, vote upon or act upon, contracts, the making of loans or grants of public funds, the granting of subsidies, fixing of rates, issuance of permits or certificates, or other regulation or supervision relating to any business in which the officer or employee, or a member of his or her immediate family, or any business with which either is associated has a financial or personal interest, other than an interest as a citizen, officer or employee of the city.’ Before the Ethics Board renders a formal opinion on the matter, we invite you to meet with us at the next meeting of the Ethics Board to discuss your affidavit.” MOTION ADOPTED BY A VOTE OF 6/1 (MEMBER AMEN HETEP DISSENTING) 3. Letter to Battalion Chief John A. Baker requesting that he attend the 10/14/03 Board of Ethics Meeting RECEIVED AND PLACED ON FILE CITY ATTORNEY’S REPORT: CHAIR’S REPORT: OLD BUSINESS: 1. Opinion #31, Response to Lawrence Wilhite, General Counsel of the Board of Water & Light Board Members signed the opinion and requested that the City Clerk obtain the signature of Member Jones who was not present for this meeting. NEW BUSINESS: MINUTES: BOARD OF ETHICS MEETING DATE , 2001, pg. 5 5 BOARD ROUND TABLE Member Frybort expressed his appreciation to City Attorney Roberts for the quantity of work that he has done for this board. Member Sullivan invited Board members to a “Walk in the Woods” Halloween Party for dogs. Chairman Anderson announced that in the interests of his well being, his health team has advised him to avoid all crowds and groups of people for an indefinite period of time. Because of these restrictions it is necessary for him to submit his resignation from the City of Lansing Board of Ethics effective immediately. He requested that the City Clerk write a letter to 4th Ward Councilmember Smith notifying her of his resignation and the attendant vacancy on the Ethics Board. Motion by Member Nole to adjourn MOTION CARRIED 7/0 ADJOURNED 7:15 P.M. Respectfully submitted, Debbie Miner, Recording Secretary Date Minutes Placed on File: