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HomeMy WebLinkAboutNovember 18 Notes 10. Affidavit of Disclosure filed by Tami Welt of the Lansing Police Department Mr. Roberts stated that he sent letters dated October 8, 2008 requesting updated and additional information regarding the Affidavits of Disclosure filed by the Lansing Police Department employees in items 6-10. Moved by Mr. Bicy to move items 6-10 to unfinished business until the additional information is received MOTION CARRIED 11. Letter sent regarding follow-up to Statement of Financial Interest submitted by City of Lansing Employees There was no action taken on the follow-up letter. CHAIR'S REPORT: Mr. Folkers read Mayor Bernero's Proclamation for Ellen Sullivan TABLED ITEMS: UNFINISHED BUSINESS: 1. Affidavit of Disclosure filed by Richard Thacker, Lansing Police Department N,+� �y nY rt,,c�E� 31� �� Mr. Roberts stated that he will send a latio o Mr.Thacker based upon the Board of C, Ethic's decision earlier in this meeting to allow such issues to be addressed by the City Attorney's office 2. Statement of Financial Interest filed by City Clerk Chris Swope `t •1.�4cfir,2� Mr. Roberts stated that he is not yet prepared with his report regarding the Statement of Financial Interest filed by City Clerk Chris Swope Ig, C f- f, F��° cf v '' 4. NEW BUSINESS: 1. Revisions to the Statement of Financial Interest Mr. Thorp, Ms. Grettenberger and Mr. Frybort agreed to work on revisions to the Statement of Financial Interest BOARD ROUND TABLE ADJOURNED 7:29 P.M. Respectfully submitted, Chris Swope, City Clerk Date Minutes Placed on File: S I �G Chris Swope cHIG Lansing City Clerk November 14, 2008 Dr. Joan Jackson Johnson 2211 Barritt St. Lansing, MI 48912 Dear Dr. Johnson: Thank you for submitting a follow-up letter to your Statement of Financial Interest. At their regular meeting held on October 14, 2008 the Board of Ethics discussed your letter and determined that it complies with the disclosure requirement in the City of Lansing Ethics Ordinance and is received and placed on file by the Board. Further, based on the information you provided, the Board finds no violation of the City of Lansing Ethics Ordinance, and your submission of this information in consideration of a potential appearance of a conflict is appreciated. The Board also asks that you be sensitive to advance notice requirements of the Conflicts of Interest provisions of the Charter and take appropriate action as future situations may from time to time arise. Further,the Board asks that the marketing of your private business services not be directed at City of Lansing Employees. Attached is a copy of Michigan ACT 317 of 1968 regarding contracts with governmental agencies. If you have any questions with regard to this determination, please feel free to contact me at any time. My office number is 483-4131. Sincerely, Chris Swope, Lansing City Clerk Att. Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 517-483-4131 $ 517-377-0068 FAX clerk.cityoflansingmi.com $ clerk@lansingmi.gov CONTRACTS OF PUBLIC SERVANTS WITH PUBLIC ENTITIES Act 317 of 1968 AN ACT relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts. History: 1968,Act 317,Eff.Sept. 1, 1968;—Am. 1984,Act 81,lmd.Eff.Apr. 18, 1984. The People of the State of Michigan enact.- 15.321 Public servants, contracts with public entities; definitions. Sec. 1, As used in this act: (a) "Public servant"includes all persons serving any public entity, except members of the legislature and state officers who are within the provisions of section 10 of article 4 of the state constitution as implemented by legislative act, (b) "Public entity" means the state including all agencies thereof, any public body corporate within the state, including all agencies thereof, or any non-incorporated public body within the state of whatever nature, including all agencies thereof. History: 1968,Act 317,Eff.Sept. 1, 1969. Compiler's mote: Section 191 of Act 227 of the Public Acts of 1975 repealed §§4.401 to 4,410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15,348. The Michigan Supreme Court,however, in Advisory Opinion on Constitutionality of 1975 PA 227,396 Mich. 123,240 N,W.2d 193(1976),held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich.Const.,Art.4,§24. 15.322 Public servant; soliciting, negotiating, renegotiating, approving, or representing a party to a contract with public entity prohibited. Sec. 2. (1) Except as provided in sections 3 and 3a, 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. (2) Except as provided in section 3, a public servant shall not directly or indirectly solicit any contract between the public entity of which he or she is an officer or employee and any of the following: (a)Him or herself. (b)Any firm, meaning a co-partnership or other unincorporated association, of which he or she is a partner, member, or employee. (c) Any private corporation in which he or she is a stockholder owning more than 1% of the total outstanding stock of any class if the stock is not listed on a stock exchange, or stock with a present total market value in excess of$25,000.00 if the stock is listed on a stock exchange or of which he or she is a director, officer, or employee. (d)Any trust of which he or she is a beneficiary or trustee. (3)In regard to a contract described in subsection(2), a public servant shall not do either of the following: (a) Take any part in the negotiations for such a contract or the renegotiation or amendment of the contract, or in the approval of the contract. (b)Represent either party in the transaction. History: 1968,Act 317,Eff.Sept. 1, 1968; Am. 1992,Act 9,Imd.Eff.Mar, 10,1992. Compiler's note: Section 191 of Act 227 of the Public Acts of 1975 repealed §§4.401 to 4.410, 168.901 to 168,929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348,The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227,396 Mich, 123,240 N.W,2d 193(1976),held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich,Courtt.,Art.4, §24. 15.323 Applicability of § 15.322 to public servants; requirements of contract; making or participating in governmental decision; counting members for purposes of quorum; voting; affidavit; "governmental decision" defined. Sec. 3. (1) Section 2 does not apply to either of the following: (a)A public servant who is paid for working an average of 25 hours per week or less for a public entity. (b) A public servant who is an employee of a public community college,junior college, or state college or university. (2) A contract as defined in and limited by section 2 involving a public entity and a public servant described in subsection(1)shall meet all of the following requirements: Rendered Wednesday,October 18,2006 Page 1 Michigan Compiled Laws Complete Through PA 429,plus 433 of 2006 Legislative Council, State of Michigan Courtesy of www.legislature.migov (a)The public servant promptly discloses any pecuniary interest in the contract.to the official body that has power to approve the contract, which disclosure shall be made a matter of record in its official proceedings. Unless the public servant making the disclosure will directly benefit from the contract in an amount less than $250,00 and less than 5% of the public cost of the contract and the public servant files a sworn affidavit to that effect with the official body or the contract is for emergency repairs or services, the disclosure shall be made in either of the following manners: (i)The public servant promptly discloses in writing to the presiding officer,or if the presiding officer is the public servant who is a party to the contract, to the clerk, the pecuniary interest in the contract at least 7 days prior to the meeting at which a vote will be taken. The disclosure shall be made public in the some manner as a public meeting notice. (ii) The public servant discloses the pecuniary interest at a public meeting of the official body. The vote shall be taken at a meeting of the official body held at least 7 days after the meeting at which the disclosure is made, If the amount of the direct benefit to the public servant is more than $5,000.00, disclosure must be made as provided under this subparagraph. (b)The contract is approved by a vote of not less than 2/3 of the full membership of the approving body in open session without the vote of the public servant making the disclosure, (c)The official body discloses the following summary information in its official minutes: (i)The name of each party involved in the contract. (ii) The terms of the contract, including duration, financial consideration between parties, facilities or services of the public entity included in the contract,and the nature and degree of assignment of employees of the public entity for fulfillment of the contract. (iii)The nature of any pecuniary interest. (3) This section and section 2 do not prevent a public servant from making or participating in making a governmental decision to the extent that the public servants participation is required by law, If 2/3 of the members are not eligible under this act to vote on a contract or to constitute a quorum, a member may be counted for purposes of a quorum and may vote on the contract if the member will directly benefit from the contract in an amount less than $250.00 and less than 5%of the public cost of the contract and the member files a sworn affidavit to that effect with the official body. The affidavit shall be made a part of the public record of the official proceedings.As used in this subsection,"governmental decision"means a determination, I action, vote, or disposition upon a motion, proposal, recommendation, resolution, ordinance, order, or measure on which a vote by members of a local legislative.or governing body of a public entity is required and by which a public body effectuates or formulates public policy. History: 1968,Act 317,Eff, Sept. 1, 1968;Am. 1981,Act 100, Imd.Eff.July 15, 1981;—Am. 1982,Act 207, Imd.Eff.July 1, 1982;--Am.1984,Act 81,Imd.Eff.Apr.18, 1984,—Am. 1984,Act 184,Imd.Eff.July 3, 1984,—Ain,1997,Act 145,Eff.Mar.2, 1998 Compiler's note: Section 191 of Act 227 of the Public Acts of 1975 repealed §§4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310,and 15.341 to 15.348.The Michigan Supreme Court,however,in Advisory Opinion on Constitutionality of 1975 PA 227,396 Mich. 123,240 N.W.2d 193(1976),field Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich.Const„Art.4,§24. 15.323a Construction of§ 15.322. Sec.3a, Section 2 shall not be construed to do any of the following: (a) Prohibit public servants of a city, village, township, or county with a population of less than 25,000 from serving, with or without compensation, as emergency medical services personnel as defined in section 20904 of the public health code, Act No, 368 of the Public Acts of 1978, being section 333.20904 of the Michigan Compiled Laws. (b) Prohibit public servants of a city, village, township, or county with a population of less than 25,000 from serving, with or without compensation, as a firefighter in that city, village, township, or county if that firefighter is not any of the following: (i)A full-time firefighter. (ti)A fire chief. (iii)A person who negotiates with the city,village,township,or county on behalf of the firefighters. (c) Limit the authority of the governing body of a city, village, township, or county with a population of less than 25,000 to authorize a public servant to perform, with or without compensation, other additional services for the unit of local government, (d)Prohibit public servants of this state fi•om purchasing at a tax sale lands returned as delinquent for taxes under the general property tax act, Act No. 206 of the Public Acts of 1893,being sections 211.1 to 211.157 of the Michigan Compiled Laws, unless otherwise prohibited by the rules of the Michigan civil service Rendered Wednesday,October 18,2006 Page 2 Michigan Complied Laws Complete Through PA 429,plus 42006 ©Legislative Council, State of Michigan Courtesy of www./egisiafure.mi.gov C Mich,Const.,Art.4,§24. 15.327 Penalty for violation. Sec. 7. Any person violating the provisions of this act is guilty of a misdemeanor. History; 1968,Act 317,Eff. Sept. 1, 1968. Compiler's note: Section 191 of Act 227 of the Public Acts of 1975 repealed §§4.401 to 4.410, 169.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court,however, in Advisory Opinion on Constitutionality of 1975 PA 227,396 Mich. 123,240 N.W.2d 193(1976),held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich.Const.,Art.4,§24. 15.328 Other laws superseded; local ordinances. Sec. 8. It is the intention that this act shall constitute the sole law in this state and shall supersede all other acts in respect to conflicts of interest relative to public contracts, involving public servants other than - members of the legislature and state officers, including but not limited to section 30 of 1851 PA 156, MCL 46.30. This act does not prohibit a unit of local government from adopting an ordinance or enforcing an existing ordinance relating to conflict of interest in subjects other than public contracts involving public servants. History: 1968,Act 317,Eff.Sept. I, 1968,--Am. 1997,Act 145,Eff.Mar.2, 1998. Compiler's note: Section 191 of Act 227 of the Public Acts of 1975 repealed §§ 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court,however, in Advisory Opinion on Constitutionality of 1975 PA 227,396 Mich, 123,240 N.W.2d 193(1976),held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich.Const.,Art.4,§24. 15.329 Repeal. Sec.9.The following acts and parts of acts are repealed: Year of act Public Act No. Section numbers Compiled Law sections (1948) 1895 3 6 of chapter 5 65.6 1895 215 16 of chapter 8 88.16 1931 328 122 750.122 1955 269 969 340.969 1966 317 15.161 to 15.172 History: 1968,Act 317,Eff,Sept. 1, 1968. Compiler's note: Section 191 of Act 227 of the Public Acts of 1975 repealed §§4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348.The Michigan Supreme Court,however, in Advisory Opinion on Constitutionality of 1975 PA 227,396 Mich. 123,240 N.W.2d 193(1976),held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich.Const.,Art.4,§24, 15.330 Effective date, Sec. 10.This act shall take effect September 1, 1968. History; 1968,Act 317,Eff.Sept. 1, 1968. Compiler's note: Section 191 of Act 227 of the Public Acts of 1975 repealed §§4.401 to 4.410, 168,901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court,however, in Advisory Opinion on Constitutionality of 1975 PA 227,396 Mich. 123,240 N.W.2d 193(1976),held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich.Const.,Art.4,§24, Rendered Wednesday,October 18,2006 Page 4 Michigan Compiled Laws Complete Through PA 429,plus 433 of 2006 © Legislative Council, State of Michigan Courtesy of wtaw./egls/ature.mi.gov commission or the department or agency of which that public servant is an employee. History:Add. 1992,Act 9,lmd.Eff.Mar, 10, 1992;Am. 1996,Act 203,Imd,Eff.May 17, 1996. 15.324 Public servants; contracts excepted; violation as felony. Sec. 4. (1)The prohibitions of section 2 shall not apply to any of the following; (a)Contracts between public entities. (b) Contracts awarded to the lowest qualified bidder, other than a public servant, upon receipt of sealed bids pursuant to a published notice. Except as authorized by law, the notice shall not bar any qualified person, firm, corporation, or trust from bidding. This subsection shall not apply to amendments or renegotiations of a contract nor to additional payments made under a contract which were not authorized by the contract at the time of award. (c)Contracts for public utility services where the rates are regulated by the state or federal government. (d) Contracts to purchase residential property. A public servant of a city or village may purchase 1 to 4 parcels not less than 18 months between each purchase.This subdivision does not apply to public servants of a city or village who have been appointed or elected to their position or whose employment responsibilities include the purchase or selling of property for the city or village.This subdivision shall apply only to a city or village that has adopted an ethics ordinance which was in effect at the time the residential property was purchased. (2) A person that violates subsection(1)(d) is guilty of a felony punishable by imprisonment for not more than 1 year or a fine of not less than$1,000,00 or more than 3 times the value of the property purchased. History: 1968,Act 317,Eff.Sept. 1, 1968,•--Am.2005,Act 198,Imd.Eff.Nov.9,2005. Compiler's note: Section 191 of Act 227 of the Public Acts of 1975 repealed §§4,401 to 4,410, 168,901 to 168.929, 15.321 to 15J30, 15.301 to 15.310, and 15,341 to 15.348.The Michigan Supreme Court,however,in Advisory Opinion on Constitutionality of 1975 PA 227,396 Mich. 123,240 N.W.2d 193(1976),held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich.Const.,Art.4,§24. 15.325 Public servants, voidability of contracts; procedure, knowledge, limitation, reimbursement, settlements, evidences of indebtedness. Sec. 5. (1) This act is aimed to prevent public servants from engaging in certain activities and is not intended to penalize innocent persons. Therefore, no contract shall be absolutely void by reason of this act. Contracts involving prohibited activities on the part of public servants shall be voidable only by decree of a court of proper jurisdiction in an action by the public entity, which is a party thereto, as to any person, firm, corporation or trust that entered into the contract or took any assignment thereof,with actual knowledge of the prohibited activity. In the case of the corporation, the actual knowledge must be that of a person or body finally approving the contract for the corporation.All actions to avoid any contract hereunder shall be brought within 1 year after discovery of circumstances suggesting a violation of this act.In order to meet the ends of justice any such decree shall provide for the reimbursement of any person, firm, corporation or trust for the reasonable value of all moneys, goods, materials, labor or services furnished under the contract, to the extent that the public entity has benefited thereby. This provision shall not prohibit the parties from arriving at an amicable settlement. (2) Negotiable and nonnegotiable bonds, notes or evidences of indebtedness, whether heretofore or hereafter issued, in the hands of purchasers for value, shall not be void or voidable by reason of this act or of any previous statute, charter or rule of law. History: 1968,Act 317,Eff.Sept. 1, 1968. Compiler's note: Section 191 of Act 227 of the Public Acts of 1975 repealed §§4.401 to 4,410, 168.901 to 168.929, 15,321 to 15.330, 15,301 to 15.310, and 15,341 to 15.348.The Michigan Supreme Court, however,in Advisory Opinion on Constitutionality of 1975 PA 227,396 Mich. 123,240 N.W.2d 193 (1976),held Act 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich.Court.,Art,4,§24, 15.326 Public servants, validity of existing contracts. Sec, 6. if any public entity has,prior to the effective date of this act, entered into any contract under which moneys, goods, materials, labor or services have been actually received by the public entity, which was void or voidable under any act,charter or rule of law because of a conflict of interest on the part of a public servant at the time of the execution thereof, such contract shall be fully enforceable notwithstanding such conflict of interest,by any party thereto other than such public servant, History: 1968,Act 317,Eff,Sept. 1, 1968. Compiler's note: Section 191 of Act 227 of the Public Acts of 1975 repealed §§4.401 to 4.410, 168,901 to 168.929, 15.321 to 15,330, 15.301 to 15.310, and 15.341 to 15.348.The Michigan Supreme Court,however,in Advisory Opinion on Constitutionality of 1975 PA 227,396 Mich. 123,240 N.W.2d 193(1976),held Act 227 or the Public Acts of 1975 unconstitutional for being in violation of Rendered Wednesday,October 18,2006 Page 3 Mlchlgan Complied Laws Complete Through PA 429,plus 423 of 006 ©Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov City of Lansing - Board of Ethics November 14, 2008 James Kraus Dear Mr. Kraus: Thank you for submitting an Affidavit of Disclosure regarding your teaching of motorcycle rider educational classes. a e some me ago, an in ens or At their regular meeting held on October 14, 2008 the Board of Ethics made the following determination: i�S Your disclosure complies with the disclosure requirement in the City of Lansing Ethics Ordinance and is received and placed on file by the Board. Further,based on the information you provided, the Board fords no violation of the City of Lansing Ethics Ordinance,and your submission of this information in consideration of a potential appearance of a conflict is appreciated. If you have any questions with regard to this determination,please feel free to contact me at any time. My office number is (517)483-4131. Sincerely, Chris Swope, Lansing City Clerk -4131 00 er c s Ofjice, 124 W Michigan Ave., 9th Hoor Lansing,MI 48933-1697 DRAFT#3 September 12, 2008 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND 3 CHAPTER 290, SECTION 4, OF THE LANSING CODIFIED ORDINANCES TO PROVIDE 4 THAT A CITY OFFICER OR EMPLOYEE WHO RECEIVES A GIFT FOR HIMSELF, 5 HERSELF, OR ON BEHALF OF THE CITY, WITH A VALUE OVER $50.00 FROM 6 SOMEONE NOT RELATED TO THE DONEE BY BLOOD OR MARRIAGE SHALL BE 7 REQUIRED TO SUBMIT A LETTER OF DISCLOSURE TO THE CITY CLERK FOR 8 TRANSMISSION TO THE ETHICS BOARD FOR APPROPRIATE ACTION. 9 THE CITY OF LANSING ORDAINS: 10 Section 1. That Chapter 290, Section 4, of the Codified Ordinances of the City of 11 Lansing, Michigan,be and is hereby amended to read as follows: 12 290.04 PROHIBITIONS 13 (a) No person, including any administrative board established under Article V, Chapter 2 of 14 the City Charter, shall directly or indirectly offer or give to any officer, employee or 15 candidate; a member of the immediate family of any officer, employee or candidate; or a 16 business with which any officer, employee or candidate is associated any gift, loan, 17 money, goods, services, contribution, reward, employment or other thing of value based 18 on an agreement or understanding that a vote or official action or decision of an officer, 19 employee or candidate would be influenced thereby. 1 Approved as to fonn: City Attorney Dated: DRAFT#3 September 12, 2008 1 (b) No officer, employee or candidate, a member of the immediate family of an officer, 2 employee or candidate, or a business with which an officer, employee or candidate is 3 associated shall directly or indirectly solicit or accept any payment, gift, loan, 4 contribution,money, goods, services, reward, employment or other thing of value based 5 on any agreement or understanding with a person, including any administrative board 6 established under Article V, Chapter 2 of the City Charter, that a vote or official action or 7 decision of an officer, employee or candidate would be influenced thereby. 8 (c) A CITY OFFICER OR EMPLOYEE WHO RECEIVES A GIFT FOR HIMSELF, 9 HERSELF, OR ON BEHALF OF THE CITY, WHICH IS ATTRIBUTABLE TO OR 10 ARISES FROM HIS OR HER CITY EMPLOYMENT OR CAPACITY WITH THE 11 CITY AND THAT HAS A FAIR MARKET VALUE IN EXCESS OF $50.00, SHALL, 12 WITHIN 30 DAYS OF THE RECEIPT OF THE GIFT, MAKE A DISCLOSURE OF 13 THE GIFT IN WRITING TO THE CITY CLERK. THE DISCLOSURE SHALL BE 14 I{EPT ON FILE IN THE OFFICE OF THE CITY CLERK FOR PUBLIC REVIEW. 15 THE WRITTEN DISCLOSURE SHALL INCLUDE AND DESCRIBE THE GIFT, ITS 16 INTENDED PURPOSE OR USE, ITS ESTIMATED FAIR MARKET VALUE, AND 17 THE DATE OF RECEIPT. THE CITY CLERK SHALL FORWARD THE WRITTEN 18 DISCLOSURE TO THE ETHICS BOARD FOR REVIEW AND SUCH ACTION AS 19 THE BOARD DETERMINES IS APPROPRIATE UNDER THE CHARTER AND THIS 2 Approved as to form: City Allomey Dated: DRAFT#3 September 12, 2008 1 CHAPTER. THE DISCLOSURE REQUIREMENT SHALL NOT APPLY TO.ANY 2 OFFICIAL RECOGNITION GIFT RECEIVED AT THE TIME AN OFFICER OR 3 EMPLOYEE SEPARATES FROM THE CITY OR ANY GIFT RECEIVED FROM 4 SOMEONE RELATED TO THE DONEE BY BLOOD OR MARRIAGE. 5 It shall be presumed that a non-monetary gift having a value of less than $50.00 does not 6 evidence a violation of paragraphs (a) and (b) of this section or of Code Section 206.15. 7 Paragraphs (a) and (b) of this section do not prohibit communication between an 8 individual or organization and a candidate regarding the candidate's views, record or 9 plans for future action regarding an issue or measure in an attempt to determine a 10 candidate's viewpoints or how the candidate plans to act in the future, if such 11 communication results in an endorsement of the candidate, a decision not to endorse the 12 candidate, or a contribution or expenditure required to be recorded or reported under 13 Public Act 388 of 1976, as amended. 14 (d) No officer or employee shall falsely represent his or her personal opinion to be the official 15 position or determination of the governmental body of which he or she is a member or 16 employee. This subsection shall not apply to statements by elected officials made in the 17 course of fulfilling the responsibilities of their office or in running for election to office, 18 nor shall it apply to the professional opinions of City officers or employees rendered in 19 the course of performing their duties, provided that such opinions are clearly identified as 3 Approved as to form: City Attomey Dated: DRAFT#3 September 12, 2008 1 professional opinions. 2 (e) No officer or employee shall divulge to any unauthorized person confidential information 3 acquired in the course of holding his or her position in advance of the time prescribed by 4 the governmental body of which he or she is a member or employee for its authorized 5 release to the public. 6 (f) No officer or employee shall use, or allow others to use, the authority, title, or prestige of 7 his or her public office for the attainment of the officer or employee's, or that of a member 8 of his or her immediate family's, private financial benefit in any manner that is 9 inconsistent with public interests. 10 (g) An officer or employee shall not use personnel, resources,property or funds under his or 11 her official care and control to obtain personal financial gain in addition to his or her 12 official remuneration as an officer or employee for himself or herself, a member of his or 13 her immediate family, or a business with which either is associated. 14 (h) No officer or employee shall act as an attorney, agent or representative of a person other 15 than himself or herself, before the governmental body of which such officer or employee 16 is a member or employee. This provision shall not prevent an officer or employee from 17 performing his or her responsibilities as an officer or employee. 18 (i) No officer or employee shall act on behalf of the City by making any policy statements, 19 promising to authorize or to prevent any future action, agreement or contract, when such 4 Approved as to form: City Attonicy Dated: DRAFT#3 September 12, 2008 1 officer or employee has, in fact,no authority to do so. 2 (j) No officer or employee shall engage in a business transaction in which the officer, 3 employee,:a member of his.or her immediate family, or a business with which either is 4 associated,may profit from his or her official position or authority, or benefit financially 5 from confidential information which the officer or employee has obtained or may obtain 6 by reason of that position or authority. This subsection shall not prohibit employment or a 7 contract to conduct instruction which is not done during regularly scheduled working 8 hours, except for annual leave or vacation time, if the officer or employee does not have 9 any direct dealing with or influence on the employing or contracting person or entity in 10 performing his or her official duties for the City. 11 (k) Except as otherwise provided by law, no officer or employee shall participate in, vote 12 upon or act upon, contracts,the making of loans or grants of public funds, the granting of 13 subsidies, fixing or rates, issuance of permits or certificates, or other regulation or 14 supervision relating to any business in which the officer or employee, or a member of his 15 or her immediate family, or any business with which either is associated has a financial or 16 personal interest,other than an interest as a citizen, officer or employee of the City. 17 (1) In addition to the provisions set forth in Charter Section 5-505.1, no officer or employee, 18 shall fail to disclose in writing to the Board of Ethics a conflict of interest or any financial 19 interest other than as a citizen of the City in any matter prior to any action by the City in 5 Approved as to Fonu: City Attorney Dated: DRAFT#3 September 12, 2008 1 that matter. Nothing in this section shall prohibit the request of an informal.opinion by an. 2 officer or employee from the Ethics Board regarding a potential conflict of interest. 3 Neither the filing of a request for an informal opinion, nor the making of a statement 4 concerning a potential conflict of interest pursuant to Section 290.05(a), shall create a 5 presumption or inference that an officer or employee actually has a conflict of interest 6 concerning the matter filed with the Ethics Board or disclosed on the public record. 7 (m) No person shall directly or indirectly solicit, agree, aid or assist any officer or employee to 8 violate this chapter. 9 (n) The provisions and prohibitions set forth in this section 290.04 shall not be construed to 10 prohibit or restrict City employees from negotiating, entering into or enforcing a 11 collective bargaining agreement between the City and a labor union to which the 12 employee belongs pursuant to State or Federal Law. 13 (o) The provisions and prohibitions set forth in this section 290.04 are subject to the 14 applicable provisions and procedures of the State Statute entitled "Contracts of Public 15 Servants with Public Entities," being MCL 15.321 et seq., as the same maybe amended 16 from time to time. In the event of a conflict between this section 290.04 and the State 17 Statute in any particular case, the State Statute shall prevail. 18 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules 19 inconsistent with the provisions hereof are hereby repealed. 6 Approved as to form: City Attomcy Dated: DRAFT#3 September 12, 2008 1 Section 3. Should any section, clause or phrase of this ordinance be declared to be 2 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof 3 other than the part so declared to be invalid. 4 Section 4. This ordinance shall take effect on the 30th day after enactment unless given 5 immediate effect by City Council. 7 Approved as to form: City Attomey Dated: C:\DOCUME-1 UKREEVE—I.LAN\LOCALS—I\Temp\XPgrpwise\Ethics Ordinance 290.04 BOE Draft 113 9.12.08.doc