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HomeMy WebLinkAbout2008 10 14.minutes.Board of Ethics MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING OCTOBER 14, 2008 - 5:30 P.M. NINTH FLOOR CITY CLERK’S CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 5:30 P.M. in the Ninth Floor City Clerk’s Conference Room, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: Rev. John Folkers Chairperson Ron Frybort, Vice-Chairperson Rev. Charles Bicy Don Cote Susan Grettenberger, PhD Wes Thorp ABSENT: Paul Teszlewicz (Arrived at 5:40) A QUORUM WAS PRESENT OTHERS PRESENT: John M. Roberts Jr., Chief Deputy City Attorney Kevin Reeves, Chief Deputy City Clerk PUBLIC COMMENT: There was no public comment APPROVAL OF AGENDA: Mr. Roberts asked that the City Attorney’s Report be moved up the agenda because his report would have implications to discussions related to Communications and Petitions Moved by Mr. Frybort to approve the Agenda with the amendment suggested by Mr. Roberts to move the City Attorney’s Report before Communications and petitions MOTION CARRIED SECRETARY’S REPORT: Approval of Minutes: Mr. Frybort asked that the Minutes of September 9, 2008 be amended to correct the spelling of his name from “Frybot” to “Frybort” Moved by Mr. Cote to approve the Minutes of September, 2008 as amended to correct the spelling of Mr. Frybort’s name MOTION CARRIED CITY ATTORNEY’S REPORT: Mr. Roberts gave an extensive report on the question of the role of the Board of Ethics as it relates to the Ethics Ordinance sections 290.04 (o) and 290.05 (c) , which refer to State of Michigan ACT 317 of 1968. (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.) Mr. Roberts indicated that matters in the purview of the statute come to the attention of the Board or the Law Department under affidavits of disclosure, annual statements of financial interest, as inquiries or as complaints. In dealing with these matters, Mr. Roberts suggested that the Board’s role should be clarified. He further suggested that an argument may be made that the Board’s role under the charter, Ethics Ordinance and statute could be one of the following: 1. If the Board considers this to be a matter of state law, it could point out to the City Human Resources Department and to the City employee when the Board believes the statute may be violated by an employee’s activities or intended activities; 2. If the Board determines that a violation of the statute is also independently a violation of the City Charter or Ethics Ordinance, the Board may take its normal action regarding the evaluation of possible violation of the City’s ethics laws; or 3. If the Board find that the statute is a state preemption of the Board’s duties concerning the statutory prohibitions and their enforcement, it may permit the Office of the City Attorney to be responsible for notification of employees of the statute and its implications to their reported activities or intended activities. Moved by Ms. Grettenberger to adopt Mr. Robert’s 3rd suggested role MOTION CARRIED Communications and Petitions sent and received since the last meeting: 1. Statement of Financial Interest filed by Joan Jackson Johnson, Director, Human Relations and Community Services Moved by Mr. Bicy to receive and place on file the Statement of Financial Interest and also sending a follow-up letter asking Dr. Jackson Johnson not to market her services to city employees and attach a copy of the state statute regarding contracts with governmental agencies. MOTION CARRIED 2. Affidavits of Disclosure filed by James Kraus of the Lansing Police Department Moved by Mr. Teszlewicz to receive and place on file the Affidavit of Disclosure and send the appropriate letter. MOTION CARRIED 3. Affidavit of Disclosure filed by Dustin Belill of the Lansing Police Department Moved by Ms. Grettenberger to receive and place on file the Affidavit of Disclosure and send the appropriate letter. MOTION CARRIED 4. Affidavit of Disclosure filed by Angela Fairchild of the Lansing Police Department Moved by Mr. Cote to receive and place on file the Affidavit of Disclosure and send the appropriate letter. MOTION CARRIED 5. Affidavit of Disclosure filed by Cedric Ford of the Lansing Police Department Moved by Mr. Teszlewicz to receive and place on file the Affidavit of Disclosure and send the appropriate letter. MOTION CARRIED 6. Affidavit of Disclosure filed by Daniel Abercrombie of the Lansing Police Department 7. Affidavit of Disclosure filed by Anthony Beattie of the Lansing Police Department 8. Affidavit of Disclosure filed by Scott Ellis of the Lansing Police Department 9. Affidavit of Disclosure filed by Raymond Hall of the Lansing Police Department 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 Mr. Roberts stated that based upon the Board of Ethic’s decision earlier in this meeting to allow such issues to be addressed by the City Attorney’s Office and he will send a letter notifying Mr. Thacker of Public Act 317 of 1968 for his consideration about his proposed activities. 2. Statement of Financial Interest filed by City Clerk Chris Swope Mr. Roberts stated that he is not yet prepared with his report regarding the Statement of Financial Interest filed by City Clerk Chris Swope 3. Review of draft Ethics Ordinance gift disclosure amendment. The Board will take up at the next meeting. 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: