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HomeMy WebLinkAbout2004 10 12.minutes.Board of Ethics 1 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING DATE OCTOBER 12 , 2004 - 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, Chairperson Ellen Sullivan, PhD, Vice-Chairperson Jason Amen Hetep Mary Claiborne Ronald Frybort Rev. John Folkers LaSandra Jones David Merchant ABSENT: None A QUORUM WAS PRESENT Yes OTHERS PRESENT: Jack Roberts, Chief Deputy City Attorney M. Denise Griffin, Deputy City Clerk PUBLIC COMMENT: There was no public comment APPROVAL OF AGENDA: Motion by Member Folkers to approve the agenda as submitted. MOTION CARRIED 8/0 SECRETARY’S REPORT: Approval of Minutes: Motion by Member Folkers to approve the minutes of September 14 with the following corrections: • on page #5 in the first paragraph by changing the tense of the word ‘check’ to ‘checking’ for the statement to read “direct benefit based on his checking the #2 box on the affidavit of disclosure. • by striking the word ‘he’ and removing the comma on page #5 first paragraph and adding the words “and Mr. Amen Hetep” so the statement reads “information in the 2 affidavit and Mr. Roberts review and Mr. Amen Hetep feels there is a conflict of interest based on indirect involvement in the purchasing decision and a direct benefit based on his checking the #2 box on the affidavit of disclosure.” • correcting the statement on page 4, 5th paragraph line #6. The statement “Incorporated as an LLC” should be stricken and should read “filed Articles of Organization” • correcting a typo on page #4 , 2nd paragraph line #1 by replacing the word ‘that’ with ‘than’ so the statement reads “this could look different than it really is.” MOTION CARRIED 8/0 Communications and Petitions sent and received since the last meeting: 1. Affidavit of Disclosure filed by Susan M. Topping, CPA, Deputy Treasurer of the City of Lansing Treasury and Income Tax Division Attorney Roberts stated that he has not had an opportunity to talk with Susan Topping about this and said that he cannot expand in anyway upon what is specifically contained in the affidavit. He said that he is not clear about what the a & b limitations were that she listed on the affidavit. Reading from the affidavit of disclosure “In accepting this position with the City of Lansing I have agreed to: a) Accept no new City of Lansing tax return clients,” that seems to imply that she already has present City of Lansing clients and he does not know if those are people who are filling out City of Lansing income tax forms or if they are people who live in Lansing and she is filling out IRS Forms; and b) “Accept no new business clients that are located within the city limits of the City of Lansing.” Clearly that would mean that she would not have a conflict with any new business client, but leaves the question of non-business clients. The real question is how much of her tax preparation includes City of Lansing tax payers for City of Lansing taxes. President Nole said that he read “A” to be individuals like himself and if she has a ten-year relationship with him and now she is Deputy City Treasurer she would still keep him as a client, but not accept his neighbor as a new client. He expressed concern regarding this affidavit. Member Merchant said that he read “A” to mean if you either work, or reside in Lansing, or work and reside in Lansing. That is what she is talking about and that is an individual tax. His question is what is her job as Deputy Treasurer and is there a conflict in that she would be at hearings for tax purposes. The other issue is that she asked for a grant of exception and he would like to know who her clients are that she would like to keep. He would like to know exactly what her job is. He suggested that we move this to the next meeting to get answers to the Board’s questions. MINUTES: BOARD OF ETHICS MEETING DATE OCTOBER 12 , 2004, PG. 3 3 President Nole said he believes that Deputy Attorney Roberts needs to speak with Susan and we can invite her to come to the next meeting. Member Amen Hetep requested that the board be provided with her job description to see exactly what her duties are. Motion by Member Amen Hetep to invite Deputy Treasurer Sue Topping to our next meeting to discuss concerns regarding her Affidavit and to review her job description. MOTION CARRIED 8/0 2. Affidavit of Disclosure filed by Dorothy Boone, Development Manager of the City of Lansing Planning and Neighborhood Development Department Attorney Roberts said that he spoke with Dorothy Boone and suggested that on the face of it, it looked as though there was a conflict, but he felt that it would be beneficial for the Ethics Board to hear from her on the nature of what her job is and what the relationship of the Black Child and Family Institute (BCFI) is to other parts of the City. In reading this he believes it has something to do with grants and, or, funds that are specifically administered by the division that she is now the head of. This division administers the Community Development Block Grant (CDBG) and Home Program. Member Amen Hetep said that the statute indicates that either your family or family members receive a benefit and it appears from what she has said in the disclosure that the Organization may receive a benefit. Deputy Attorney Roberts said that in their conversation she described certain funds that are grant funds that are received by BCFI but are not administered by her division but come through Human Relations and Community Services, of which she has no oversight and is not a part of. He feels it is very important for her to come and describe her job function and the different types of contracts that BCFI may have with the City of Lansing, because the nature of the contract may be very important. Motion by Member Sullivan to invite Dorothy Boone to the next meeting. MOTION CARRIED 8/0 Member Amen Hetep requested a copy of Dorothy Boone’s job description for the next meeting. MINUTES: BOARD OF ETHICS MEETING DATE OCTOBER 12 , 2004, PG. 4 4 Motion by Member Amen Hetep to take all three of the next items together for one motion and to receive them and place them on file. MOTION CARRIED 8/0 3. Letter to Lt. Steve J. Person, of LPD informing him of the disposition of the Affidavit of Disclosure he filed RECEIVED AND PLACED ON FILE 4. Letter to Officer Joseph Alan Diaz, Detention Officer of LPD informing him of the disposition of the Affidavit of Disclosure he filed RECEIVED AND PLACED ON FILE 5. Letter to Sgt. Susan Brown of LPD informing her of the disposition of the Affidavit of Disclosure she filed RECEIVED AND PLACED ON FILE CITY ATTORNEY’S REPORT: Attorney Roberts presented the draft letter to Brian Simon of the Board of Water & Light requested by the Board at their September meeting. Subsection 2 of the statute is the emphasis, it states “except as provided in Section 3 and 3(a) a Public Servant shall not be a party, directly or indirectly, to any contract between himself or herself and the public entity of which he or she is an officer or employee. His letter highlights section 2 paren. one. Members of the Board reviewed the letter and suggested changes to the draft letter provided. Motion by Member Frybort that Deputy City Attorney Roberts write and send the letter to Mr. Simon on behalf of the Ethics Board in response to his Affidavit of Disclosure. MOTION CARRIED 8/0 CHAIR’S REPORT: There was no Report from the Chair. MINUTES: BOARD OF ETHICS MEETING DATE OCTOBER 12 , 2004, PG. 5 5 OLD BUSINESS: Member Merchant said in July the Board mentioned having a presentation by a professor of law. He has taken the initiative and contacted Cooley Law School and Michigan State University Law School. Nancy Wonch, Director of Ethics at Cooley has indicated via her secretary that she would not be willing to help the Board. He spoke with an Associate Dean at Michigan State University Law School who indicated that they would be more than willing to put on a presentation if it was focused. He asked the Board what type of information would they like the presentation to be about, general questions on how to make an ethical decision, or ethical dilemmas in governmental and societal relations. Member Frybort requested something in the middle of what Member Merchant suggested. He did not realize that these issues would be separated. After some discussion Member Merchant said that he would contact the Ethics in Philosophy Department at Michigan State University and invite them here and try to get a presentation for the month of January. NEW BUSINESS: Member Frybort suggested modification to the affidavit of disclosure to add a statement as to wether the individual is an employee of the Board of Water & Light or the City of Lansing. Attorney Roberts said that the Board of Water & Light is a specific Board of the City. Unlike all of the other Boards however, it has the ability to manage itself and its own Board of Commissioners. Member Frybort withdrew his request to revise the form, but suggested that we ask for a copy of the job description along with the Affidavits of Disclosure President Nole said we should be able to formally request the job description because we do ask that question a lot. He said maybe we can tweak the form to include on the bottom the page, “Please include and submit a copy of your current Job Description.” Member Sullivan asked how is that different than having them to come in to discuss it. Comments were made that if we knew what they did maybe they would not have to come in. President Nole said maybe we could have a book that includes all job descriptions. Deputy Attorney Roberts said the trouble with having that type of guide here is that every time there is a change it would not be reflected. He said you are better off with to request the job descriptions on a case to case basis, so that if there is change you will get the MINUTES: BOARD OF ETHICS MEETING DATE OCTOBER 12 , 2004, PG. 6 6 most recent description. President Nole requested that this discussion be added to the agenda for next month. BOARD ROUND TABLE Member Sullivan stated that she was selling “Dogs from the West Calenders “ as part of a fundraiser for the Advent House. This is being done in conjunction with the West Side Home Tour this weekend. Motion by Member Sullivan to adjourn ADJOURNED 6:45 P.M. Respectfully submitted, Debbie Miner, Recording Secretary Date Minutes Placed on File: