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HomeMy WebLinkAbout2005 05 10.minutes.Board of Ethics 1 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING MAY 10, 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, Chair Ellen Sullivan, Ph.D, 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 Debbie Miner, City Clerk PUBLIC COMMENT: APPROVAL OF AGENDA: Motion by Member Sullivan to amend the agenda by deleting Randy Williams name from item 3(b), deleting the name of Linda M. Sanchez from 3(c), adding under communications the letter from Chairman Nole providing notice of his resignation effective May 10, 2005 upon adjournment of the Board Meeting, and to approve the Agenda as amended. MOTION CARRIED 6/0 SECRETARY’S REPORT: Approval of Minutes: Motion by Member Sullivan to correct the minutes of April 12, 2005 on page 2 to delete the apostrophe on Attorneys and to insert the time of adjournment, and to approve the minutes as corrected MOTION CARRIED 6/0 2 Communications and Petitions sent and received since the last meeting: 1. Letter to Seon Arthur of the Board of Water & Light Water Production Plant informing him of the disposition of the Affidavit of Disclosure he filed RECEIVED AND PLACED ON FILE 2. Affidavit of Disclosure filed by Amanda J. Fleckenstein, Clerk in the Parks & Recreation Department City Attorney Roberts reported speaking with Ms. Fleckenstein and finding that she was hired as a part time employee in the Parks and Recreation Department on October 20, 2004. Her job is as a clerk in the lifetime sports office. Weekly, she works 20 hours. She has been teaching kids in this format for 8 years. The way the arrangement works is the City offers the class to children. The cost is $30.00 per child. One half of that goes to Ms. Fleckenstein, and the remainder is retained by the City. Currently she has 12 kids in her class which is 6 weeks in duration. She gets $180 for that 6 week period. The class meets once per week during the 6 week period. Mr. Roberts stated that he recalled a state statute that says whether a City employee may legally contract with a City by whom he or she is employed, within certain limitations. Michigan Compiled Laws 15.321 et seq, says that anyone who is a public servant working for a public entity is prohibited from contracting with that agency. However, there are certain exceptions. One is if the public servant is paid for working 25 hours per week or less by the public entity. Ms. Fleckenstein’s job is for 20 hours per week for the City and is not out of compliance with that Statute as long as her employment does not exceed 20 hours per week. If those hours per week were to go up to more than 25 hours, then she would not be in compliance. MINUTES: BOARD OF ETHICS MEETING MAY 10, 2005, pg. 3 3 Member Frybort asked if there is someone else who provides oversight for the organization and those classes, or is she the one. Attorney Roberts said that Ms. Fleckenstein sent him a copy of her contract. She is an independent contractor with the City of Lansing, responsible for the class content and the teaching responsibility. Member Frybort asked if there is anything in the Ethics Ordinance about using your position to enrich yourself. Attorney Roberts said that there is something about insider information, but he discounted that because she has been teaching this class for 8 years and just took the job with the Parks and Recreation Department in the Fall of 2004. Motion by Member Amen Hetep to accept the affidavit of disclosure received from Amanda Fleckenstein and place it on file, and to inform Ms. Fleckenstein that the Board of Ethics does not find the activity she performs to be within the prohibition of Michigan Compiled Laws 15.231 et seq, because she is employed by the Parks and Recreation Department for less than 25 hours per week, however, if her number of hours of employment were to increase to more than 25 hours per week, the independent contractor position she holds would be prohibited by State Statute. MOTION CARRIED 6/0 3. Statements of Financial Interest as follows: a. Statements that do not contain financial disclosures from: Sandy Allen, Tony Benavides, David Berridge, Diana Bitely, Bernard Brantley, Kecia Coats, Nancy Cunningham, Tina Gallante, Marilyn Denise Griffin, Terese Horn, Murdock Jemerson, Francesca Knot, Greg Koessel, Harold J. Leeman, Jr., Greg K. Martin, Debbie Miner, Paul Novak, Sanford Novick, Jill Rhode, Martin Riel, James A. Ruff, Karen J. Schmidt, Geneva Smith, Mary E. Sova, Ron Wilson, Arnold C. Yerxa (Statements not included MINUTES: BOARD OF ETHICS MEETING MAY 10, 2005, pg. 4 4 in the packet) Motion by Vice Chair Sullivan that the above referenced Statements of Financial Interest be received and placed on file with no further action required at this time. MOTION CARRIED 6/0 b. Reporting Individuals who have not filed Statements; Linda Sanchez, Willard Walker Motion by Vice Chair Sullivan that the City Clerk be requested to send letters to the two individuals listed above stating that their statements of financial interest were due as of May 1, 2005, and should be filed prior to the date that the Board would be forced to abide by the requirement to assess a fine. MOTION CARRIED 6/0 c. Statements that contain financial disclosures from; Mark Alley, Joan E. Bauer, Thomas D. Cochran, Debbie DeLeon, Larry Meyer, Linda M. Sanchez, Brian C. Jeffries, Glenn D. Kirk, Larry Meyer, David Tijerina, David Wiener, Randolph Williams, Carol Wood (Copies of Statements are included in the packet) Motion by Member Jones to accept the statements of financial interest listed above and place them on file with no further action required. MOTION CARRIED 6/0 CITY ATTORNEY’S REPORT: MINUTES: BOARD OF ETHICS MEETING MAY 10, 2005, pg. 5 5 Mr. Roberts stated that last year, as Acting City Attorney, he completed and filed a statement of financial interest. However this year he did not file, because he is not in an appointed position. His position is filled through the competitive process conducted by the Personnel Department. Therefore, he does not feel that he is within the reach of the language for disclosure. CHAIR’S REPORT: Chairman Nole thanked each of the Members on the Board of Ethics for their help and support during his tenure on the Board. He has enjoyed his 9 years on this Board. This is a great bunch of people. He remembers all Board of Ethics Members who served in the past, and thanks them as well as the staff who have served the Board during his service. Motion by Vice Chair Sullivan To form a nominating committee to develop a slate of officers to begin serving in July, with the intent that the slate should be ready for the June meeting, and to appoint Members Frybort and Amen Hetep to the nominating committee. MOTION CARRIED 6/0 Chairman Nole announced that Vice Chair Sullivan will assume the role of Chair for the June Board of Ethics Meeting. OLD BUSINESS: NEW BUSINESS: 1. Letter of resignation from Chairman Nole Motion by Vice Chair Sullivan to receive and place on file the letter from Chairman Nole. MOTION CARRIED 6/0 BOARD ROUND TABLE Vice Chair Sullivan read an article commemorating Rev. Jones selection as Senior Mother of the year by the Emma Jean Johnson Scholarship Fund at their Mother’s Day Banquet this past week. Member Amen Hetep asked everyone to consider donating to the American Red Cross Apheresis drive. They really need blood and the process takes only 1 ½ hours. MINUTES: BOARD OF ETHICS MEETING MAY 10, 2005, pg. 6 6 Vice Chair Sullivan announced the Happy Tails Dog Walk this Saturday at Hawk Island Park. She expressed a final word of thanks to Chairman Nole for the excellent job he has done on this Board. Speaking on behalf of the entire Board, she wished him well on his adventure. ADJOURNED 7:00 P.M. Respectfully submitted, Debbie Miner, Recording Secretary Date Minutes Placed on File: