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MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
FEBRUARY 8, 2005 - 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, Ph.D, Vice-Chairperson Jason Amen Hetep Rev. John Folkers David Merchant
ABSENT: Mary Claiborne
Ronald Frybort
Rev. LaSandra Jones
A QUORUM WAS PRESENT Yes
OTHERS PRESENT: Jack Roberts, Chief Deputy City Attorney
Debbie Miner, City Clerk
Chairman Nole, on a point of personal privilege, asked Reverend Folkers to say a prayer
for the safety of the tenants of the apartment building on Waverly Rd. where an explosion occurred late this afternoon.
PUBLIC COMMENT: There was no public comment
APPROVAL OF AGENDA: Motion by Member to correct the Agenda to state that the
minutes submitted for approval are from November 9, 2004, and to approve the agenda as amended. MOTION CARRIED 5/0
SECRETARY’S REPORT: Approval of Minutes: The approval of the minutes of
November 9, 2004 was held over to the next meeting to allow for corrections requested
by Vice Chair Sullivan
Communications and Petitions sent and received since the last meeting:
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1. Memo from David A. Berridge, Director of Public Service submitting an Affidavit of
Disclosure on behalf of Paul H. Baerman, a Member of the Board of Public Service
City Attorney Roberts said that it did not appear to him that this is someone who is in a
conflict of interest situation. The Public Service Board is an advisory Board. They do
not take action on City contracts. The only potential for conflict exists in the possibility
that something could be discussed at a Board meeting that would be in advance of a bid
going out to the public. This is an unlikely event, however, there could be a possibility
of insider information, albeit a very slim possibility. Additionally, under Charter provision
5.505.1 there is a requirement that, if a board member is going to bid on a contract, even
if they do not believe there is a conflict of interest at that point in time, there should be a
disclosure made. If he sits on a board, there is the possibility in the future that he may
need to make that disclosure if he is going to bid on a contract.
Motion by Member Amen Hetep that the Board receive and place on file the affidavit of
disclosure filed by Mr. Baerman, with the recommendation that; Should any situation arise
in the future where his company bids on a City contract, he must be mindful of the
necessity for compliance with section 5-505.1 of the City Charter, and come forward at
that time with an affidavit of disclosure. Further, that the Board of Ethics appreciates his
candor and preemptive action in filing the affidavit.
MOTION CARRIED 5/0
2. Statements of financial interest filed by;
a. Martin Riel, Interim Director of the Department of Management Services
b. Paul F. Novak, City Attorney
MINUTES: BOARD OF ETHICS MEETING FEBRUARY 8, 2005, pg. 3
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Motion by Member Amen Hetep that the Statements of Financial Interest filed by Mr.
Novak and Mr. Riel be received and placed on file with no further action required.
MOTION CARRIED 5/0
3. Letter to Dorothy Boone, Development Director in the Department of Planning and
Neighborhood Development advising her of the disposition of the Affidavit of
Disclosure she filed
RECEIVED AND PLACED ON FILE
4. Letter from Jill Rhode, Deputy Finance Director/City Treasurer submitting formal
procedures to be followed within the Treasurer’s Office to preempt a conflict of
interest situation with respect to Deputy Treasurer, Susan M. Topping and her
outside tax practice
Motion by Vice Chair Sullivan that the Secretary communicate to Ms. Topping; “That the
Board of Ethics finds that Ms. Topping’s relationship with the Treasurer’s Office would not
represent a conflict of interest given the safeguards that have been implemented by the
Department and the conditions presented in the letter from Ms. Rhode to the Board of
Ethics. Further, that the City Attorney’s Office feels that the safeguards are sufficient to
ensure no conflict of interest. Finally, that the Board accepts Ms. Toppings
representation and offer that she will accept no new City of Lansing tax return clients and
appreciates her candor and preemptive action in filing the affidavit.”
MOTION CARRIED 5/0
MINUTES: BOARD OF ETHICS MEETING FEBRUARY 8, 2005, pg. 4
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The Board asked that the record reflect that in approving this motion they are not granting
an exception to the City’s Ethics Code, they are stating that the safeguards that have been
put in place assure the Board that Ms. Topping does not have a conflict of interest.
CITY ATTORNEY’S REPORT: Mr. Roberts did not give a report.
CHAIR’S REPORT: Chairman Nole did not give a report.
OLD BUSINESS:
1. Affidavit of Disclosure filed by Susan M. Topping, CPA, Deputy Treasurer of the City of Lansing Treasury and Income Tax Division Included for the Board’s review are copies of the Affidavit of Disclosure filed by William
Barkyoumb, Income Tax Auditor, the minutes of December 9, 1997 and January 13,
1998 containing the discussion and disposition of the Affidavit of Disclosure, as well
as copies of the letter from City Treasurer Rhode outlining the procedures put in place
by the Treasurer’s Office to prevent a conflict of interest situation from occurring.
THIS ITEM WAS HANDLED UNDER COMMUNICATIONS AND PETITIONS SENT AND
RECEIVED
NEW BUSINESS: There was no new business.
BOARD ROUND TABLE
Member Amen Hetep announced that his third child, a son, was born on January 12, 2005. He was five weeks premature, but both mother and baby are doing well now.
Chairman Nole invited all Board members to an event this Sunday, a fund raiser for the victims of the Tsunami tragedy in Sri Lanka. All proceeds will go to ‘Save the Children’ to help the kids that were affected.
Motion by Member Folkers to adjourn
MOTION CARRIED 5/0
ADJOURNED 6:45 P.M.
MINUTES: BOARD OF ETHICS MEETING FEBRUARY 8, 2005, pg. 5
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Respectfully submitted,
Debbie Miner, Recording Secretary Date Minutes Placed on File: