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HomeMy WebLinkAbout2005 11 09.minutes.Board of EthicsCITY OF LANSING - BOARD OF ETHICS REGULAR MEETING JANUARY 10, 2006 - 10TH FLOOR COMMITTEE ROOM, CITY HALL AGENDA CALL TO ORDER: 5:30 P.M. The Chair presiding ROLL CALL:  Ellen Sullivan, PhD Chair  Ron Frybort  Mayoral Seat  Rev. LaSandra Jones Vacant formerly held  4th Ward Seat ( Vacant formerly held by by Jason Amen Hetep) David A. Merchant II  Mary Estes  2nd Ward Seat (Vacant formerly held by  Rev. John Folkers, Vice Chair Bob Nole) A Quorum is:  Present  Not Present  Others Present: PUBLIC COMMENT: (TIME LIMIT OF 5 MINUTES PER SPEAKER) APPROVAL OF AGENDA:  As Submitted  With Changes Noted SECRETARY'S REPORT:  Approval of Minutes: Minutes of November 9, 2005  Communications received and sent since last meeting: 1. Letter to Mike Parker, Business Representative, Teamsters & Chauffeurs Local Union #580 (Copies of previously sent letters) 2. Letter to Sue Warren, Marketing Specialist for the Resource Planning Department of the Board of Water & Light 3. Letter of resignation from David Merchant from the Board of Ethics effective immediately 4. Affidavit of Disclosure filed by Kate Klinger of the Material & Services Management Resource Center of the Board of Water & Light CITY ATTORNEY'S REPORT: CHAIR'S REPORT: TABLED: OLD BUSINESS: NEW BUSINESS: BOARD ROUND TABLE ADJOURNMENT MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING DATE NOVEMBER 9 , 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 Ellen Sullivan, Ph.D Chairperson Rev. John Folkers, Vice-Chairperson Mary Estes Ron Frybort David A. Merchant II ABSENT: Rev. LaSandra Jones A QUORUM WAS PRESENT Yes OTHERS PRESENT: John M. Roberts Jr., Chief Deputy City Attorney M. Denise Griffin, Chief Deputy City Clerk PUBLIC COMMENT: There was no public comment APPROVAL OF AGENDA: Motion by Vice Chair Folkers to approve the revised agenda with Jason Amen Hetep name removed from the roll call list (Member Hetep resigned in September 2005). MOTION CARRIED 5/0 SECRETARY’S REPORT: Approval of Minutes: Motion by Vice Chair Folkers to approve the minutes of August 31, 2005 as corrected. Approval of Minutes: Motion by Member Frybort to approve the minutes of October 11, 2005 as corrected. MOTION CARRIED 5/0 Communications and Petitions sent and received since the last meeting: 1. Letter to Mike Parker, Business Representative, Teamsters & Chauffeurs Local Union #580 RECEIVED AND PLACED ON FILE 2. Affidavit of Disclosure filed by Sue Warren, Marketing Specialist for the Resource Planning Department at the Board of Water & Light Deputy City Attorney Roberts reported said that he spoke with Sue Warren by telephone and asked her about her job (Marketing Specialist). She responded that she is in program development, mostly residential, and she does programs that involve the history of the Board of Water & Light; she speaks on behalf of the Board of Water & Light relative to energy, again mostly with residential communities; she is part of a speakers bureau with the Board and she talks to communities for the purpose of community awareness, community outreach and programs for customers for example, Board of Water & Light programs regarding efficiencies for energy services. Mr. Roberts said Ms. Warren told him the Board put out an RFP looking for a sole source to do a mini audit regarding energy efficiencies and based upon the audit they have programs that would pay for or assist in paying for product installation. Member Merchant asked if these audits were of selected individuals. Deputy City Attorney Roberts responded that these are audit programs, not commercial. Deputy City Attorney Roberts said Urban Options was the bidder on the RFP that received the contract to do this audit and installation work, and that Ms. Warren stated there are not a lot of firms that do this work locally and she described one other firm that did this work and they are non-profit. Deputy City Attorney Roberts said that he asked her if she had any personal interest either financial or otherwise in Urban Options, whether she is on the Board of Directors or whether there is any direct economic benefit. He asked how RFP’s are prepared. Ms. Warren responded that she works on the RFP’s and then it goes through management. It goes to her boss and then her boss’s boss and then to the Attorney for the Board of Water & Light. He said that when he asked her how the bid is let she indicated that there are several people including he Executive Director that review the proposals and that she was present for part of this when it was being done but that she drew back from the discussion when it was taking place because it was her initial proposal. Deputy City Attorney Roberts asked her why she felt that she needed to make the initial disclosure and she said the reason was that she has concerns about networking with other people who do the same sort of energy outreach and energy work that she describes and especially the Executive Director of Urban Options. In further response to Mr. Roberts’ inquiry, Ms. Warren reported that she meets with this person approximately once every couple of months and they talk about what is going on generally. She stated they do not talk about anything regarding RFP’s and she would never do that. Deputy City Attorney Roberts summarized that it is his understanding Ms. Warren has no financial interest in this and the reason for the Affidavit is because she has a personal business networking relationship with this person, as well as other people, and because of that she felt she should make a disclosure even though she does not feel she is in a conflict situation. He said if she were to be in a position to benefit, he could see the possibility, not probability, of insider information. As she describes it, this is not the case. He said he does not see any way that she could receive a personal benefit. Member Frybort said being from an agency that has a weatherization program, the relationship that she described seems to be pretty common to him, as it is a fairly close- knit small industry in the area. Deputy City Attorney Roberts added that the other non-profit that she does business with is Great Lakes Renewable Energy Corporation. Member Frybort said that the Urban Options program is pretty tight with a lot of people in the weatherization field and it would surprise him if they did not know all of the bidders. Chair Sullivan said that this is common in this professional field that you would have this type of contact and relationships. Deputy City Attorney Roberts said that he questioned her as to whether the other person would buy lunch for her and she said no, they each buy their own lunch. Member Frybort said in the decision making process she seems somewhat removed and there is extensive oversight of the various other Board people that make the final decision. Deputy City Attorney Roberts said in response to Member Frybort’s comment that is how he understood it. He said there is a group that gets together and she was a member of that panel but not the controlling member of that panel and this was ultimately determined by a consensus, not a vote. Member Frybort said that it sounds like other members know her role. Motion by Member Merchant to Receive and Place this item on File and send a letter to her stating that as reported there is no appearance of conflict. CARRIED UNANIMOUSLY 5/0 CITY ATTORNEY’S REPORT: There was no report from the City Attorney CHAIR’S REPORT: There was no report from the Chair TABLED ITEMS: OLD BUSINESS: Chair Sullivan said that it was her understanding that Mr. Parker had contacted the City Clerk’s Office and had asked to be placed on the Agenda. She said if you notice from the content of the letter that we submitted we did indicate that he could attend any meeting of the Ethics Board without any prior notice if he wanted to speak under public comment but to make a request if he would like to be placed on the Agenda. She understood that he had made the request to be included on the Agenda and he is not here. Member Merchant said regardless of whether he is here or not, he has requested us to reconsider his complaint and he is prepared to reconsider it without Mr. Parker’s presence. He said the reconsideration would be stronger if he were here but he is prepared to reconsider the complaint and he has and makes the same decision that was made before. Member Frybort said without some evidence of some nuance that we overlooked in our decision he cannot come up with anything new either. Member Merchant said that if someone wants us to reconsider their complaints we should give that person broad latitude to do that. If they want to come and make a presentation that is great and if they want to submit something that is great. Mr. Parker has submitted a letter stating that he want us to reconsider and based on that he is willing to give anyone the opportunity to change his mind and he has thought about it and his position had not changed. He said the way to couch this is that we grant his request for reconsideration and found that there is nothing new or compelling that would change his position previously made and would stand by the letter previously sent. Member Frybort said since Mr. Parker has had two opportunities to appear and has not appeared, we can only interpret that as this issue is not as important as he has implied. Motion by Member Frybort that we affirm the previous letter sent to Mr. Parker MOTION CARRIED 5/0 The composition of a letter to Mr. Parker was discussed. NEW BUSINESS: Member Merchant informed the Board that he has accepted the position in Montana and he will be submitting a letter of resignation effective immediately. BOARD ROUND TABLE There was no Round Table discussion. ADJOURNED 6:30 P.M. Respectfully submitted, Denise Griffin, Recording Secretary/Date Minutes Placed on File: City of Lansing - Board of Ethics December 28, 2005 Mike Parker, Business Representative Teamster & Chauffeurs Local Union No. 580 5800 Executive Dr. P.O. Box 25096 Lansing, MI 48909-5096 Dear Mike: Based on your request to the City Clerk’s Office following their October 31, 2005 letter to you, the Board of Ethics placed your request for reconsideration of complaint #2005-1 on the agenda of their next regularly-scheduled meeting on November 9, 2005. The Board had the understanding that you wanted to be on the Agenda and part of the Board business for the meeting. You did not appear. The Board has asked me to inform you that, in your absence and without further information from you, the Board did reconsider your previous complaint and affirmed its decision as consistent with the letter previously sent to you. The previous letters are attached for your convenience. In the future if you would like to be included on the agenda, please contact the City Clerk’s Office or you are welcome to attend any meeting of the Board of Ethics without prior notice if you wish to speak under public comment. Sincerely, Denise Griffin Assistant Secretary to the Board of Ethics City of Lansing - Board of Ethics October 31, 2005 Mike Parker, Business Representative Teamster & Chauffeurs Local Union No. 580 5800 Executive Dr. P.O. Box 25096 Lansing MI 48909-5096 Dear Mike: At their regularly scheduled meeting on October 11, 2005 the Board of Ethics took into consideration your request for reconsideration of complaint #2005-1. The Board has asked me to inform you that it is their procedure to address complaints within seven (7) days of receipt whenever possible. The board routinely notifies complainants of the date and time of such special meetings, just as they notified you. In order to respond in a timely way, the Board did meet within seven days of receipt of your complaint, and rendered a decision based on the information you provided and the provisions of the ethics ordinance. In deference to your request for reconsideration the Board would like to offer you the courtesy of addressing them at their next regularly scheduled meeting, which is to be held on November 9, 2005. If you would like to be included on the agenda at that meeting, please contact Ethics Board Secretary and City Clerk, Debbie Miner. You are, of course, welcome to attend any meeting of the Board of Ethics without prior notice if you wish to speak under public comment. The Wednesday, November 9, 2005 Ethics Board Meeting will be held at 5:30 P.M. in the City Council Conference Room on the 10th Floor of Lansing City Hall. Please note this change in the board's regularly-scheduled meeting time (2nd Tuesday) because of the conflict with Election Day in November. Sincerely, Debbie Miner, CMC Secretary to the Board of Ethics City of Lansing - Board of Ethics September 7, 2005 Mike Parker, Business Representative Teamster & Chauffeurs Local #580 5800 Executive Dr. P.O. Box 25096 Lansing MI 48909-5096 Dear Mr. Parker: The Board of Ethics met in a special session on Wednesday, August 31, 2005 for the purpose of preliminary review of the complaint you filed, complaint #2005-1, to determine if the complaint falls within the jurisdiction of the Board of Ethics and whether the complaint states a violation of the ethics ordinance. After review and consideration of Complaint #2005-1, the Board of Ethics made the following determination: The general area of the complaint is within the jurisdiction of the Board of Ethics, based on the conflict of interest definition contained in 5-505.1 of the City Charter, which places it in the purview of the Board of Ethics. However, Mr. Parker has failed to state a claim under which a violation of the Charter or law has occurred, because the individual identified in the complaint is specifically excluded from a violation of “conflict of interest” for the subject matter of the complaint by the language of this section . . . ”The above provisions shall not apply to individual or collective bargaining agreements pursuant to which a City officer or employee directly or indirectly receives income or benefits in the form of official remuneration as an officer or employee, or any City action pursuant to which a City officer or employee directly or indirectly receives income or benefit as a member as a member of the public at large or any class thereof.” Therefore, the Board of Ethics has elected to dismiss the complaint based on the failure of the claimant to state a violation of the City Charter or law. If you have any questions with regard to this communication, please feel free to contact me at 483-4131. Sincerely, Debbie Miner, CMC, City Clerk /Secretary to the Board of Ethics City of Lansing - Board of Ethics December 28, 2005 Sue Warren 730 E. Hazel St. Lansing, MI 48912 Dear Ms. Warren At their regular meeting held on November 9, 2005, the Board of Ethics adopted the following motion pertaining to the Affidavit of Disclosure you filed. Motion By Member Merchant, that after careful consideration of the Affidavit of Disclosure filed by Sue Warren, Marketing Specialist at the BW&L, the Board does not find any violation of the Ethics Ordinance at this time and that the Affidavit be received and placed on file. As the Secretary to the Board, it is my pleasure to notify you formally of the decision of the Board and to extend to you their thanks for your disclosure and cooperation. If you have any questions, or require any future assistance, please feel free to contact me at 483-4130. Sincerely, Denise Griffin Assistant Secretary to the Board of Ethics