HomeMy WebLinkAboutBoard of Ethics - PENA USMAN GRIEVANCE 1983 ADVISORY OPINION 1 PENA/USMANGi.`hN �Wig TOT -1
Advisory. Opinion #1 -=, -
CITY OF LANSING
F
BOARD OF ETHICS
Advisory Opinion No. 1
A neighboring property owner has charged that a city officer
"used his official position for personal gains or influence . " The
neighbor charges that .the officer boasted "that it is he who con-
demned the [neighbor.' s] building" ; that "This man has vowed to
use all his influence to harm me in every possible way" ; and
that the city officer told him--that he had "pulled all the strings
at City. Hall, to make sure that the building does not return to
normal condition. " The matter was 'refer.red to the Board of Ethics
by the mayor for "a thorough investigation of the allegations." A
Lansing Police Department detective was assigned to the committee
to assist in its inquiry.. The complainant and his witness were
interviewed by the investigator. Records of the building department
were scrutinized, and selected individuals familiar with the situation
were interviewed by the City Attorney' s office. The city officer
was interviewed by the Board.. Complainant failed to respond to two
invitations to be interviewed by the Board of Ethics.
At a special meeting of the Board of Ethics, held on June 20 ,
1983, it found as follows:
1. - The Board of' Ethics is established by the City Charter
and is empowered by that document to render advisory
opinions to any person with respect to the meaning and
application of those provisions of the Charter and other
laws establishing standards of conduct for officers and
employees of the City of Lansing.
2 . Chapter 2 , Section •2-130 of the City code of ordinances
provides that upon receipt of a written complaint from any
person alleging a violation of the city ordinance pro-
hibiting conflicts of interest, the Board of Ethics shall
investigate to determine whether probable cause exists
to believe a violation occurred.
3. Chapter 2 , Section 2-131 (I) of the City code of ordinances
provides that an officer or employee shall not act on
behalf of the City- of Lansing in the making of policy
statements, in authorizing any action, agreement or
contract nor in promising to prevent any future action,
when such officer or employee has, in fact, no authority
to do -SO.
4. There was evidence presented to the Board that complainant' s
building had been occupied contrary to occupancy and zoning./
regulations prior to being condemned as unsuitable for
human habitation by the building. department.
5. There was ample record of building department attention
prior to any involvement by the city officer as a private
citizen and neighboring property owner.
6. There was no evidence of any awareness by the building
_ ._ . department that respondent was a city officer.
7_ There was ample evidence of bad blood between the individuals,
including multiple lawsuits involving the subject property.
` �A L 8. There was no evidence that the city officer has acted other than
a private citizen and neighboring property owner with respect to
his contacts with other city departments over the disputed property
situation.
9. There is some doubt that any statements were made as alleged.
10,. There is no probable cause to believe a violation of the ordinances
prohibiting certain conflicts of interest has occurred.
Dated: July 15, 1983 CITY OF LANSING BOARD OF ETHICS;
JOH F. MERTZ, �jirman
N COOK, Vice-Chairman
_TURGAR& GROVES - Member
RITA BAUMAN - Member
112
STE N SAWYER, Member
CITY OF LANSING
BOARD OF ETHICS
R*eye"� Advisory Opinion No. 1
A neighboring property owner has charged that a city officer
"used his official position for personal gains or influence . " The
)or charges that the officer boasted "that ie who con-
demned the [neighbor' s] building" ; that "This man has vowed to
-use all his influence to harm me in every possible way" ; and
that the city officer told him -that he had "pulled all the strings
at City Hall to make sure that the building does not return to
normal condition. " The matter was referred to the Board of Ethics
by the mayor for "a thorough investigation of the allegations ." A
Lansing Police Department detective was assigned to the committee
to assist in its inquiry. The complainant and his witness were
interviewed by the investigator. Records of the building department
were scrutinized, and selected individuals familiar with the situation
were interviewed by the City Attorney' s office. The city officer
was interviewed by the Board. Complainant failed to respond to two
invitations to be interviewed by the Board of Ethics.
At a special meeting of the Board of Ethics, held on June 20 ,
1983, it found as follows:
1. The Board of' Ethics is established-by-.the City-,Charter..
and is empowered by that document to: render,:advisory...: .
opinions to- any person with respect to the meaning and
application of those provisions of the Charter and other
laws establishing standards of conduct for officers and -
employees of the City of Lansing. Y
2 . Chapter 2 , Section .2-130 of the City code of ordinances
provides that upon receipt of a written complaint from any
person alleging a violation of the city ordinance pro-
hibiting conflicts of interest, the Board of Ethics shall
investigate to determine whether probable cause exists
to believe a violation occurred.
3. Chapter 2 , Section 2-131 (I) of the City code of ordinances
provides that an officer or employee shall not act on
behalf of the City of Lansing in the making of policy
statements , in authorizing any action, agreement or
contract nor in promising to prevent any future action,
when such officer or employee has, in fact, no authority
to do so.
4. There was evidence presented to the Board that complainant' s %
building had been occupied contrary to occupancy and zoning
regulations prior to being condemned as unsuitable for
human habitation by the building department.
5. There was ample record of building department attention
prior to any involvement by the city officer as a private
citizen and neighboring property owner.
6. There was no evidence of any awareness by the building
department that respondent was a city officer.
7. There was ample evidence of bad blood between the individuals,
including multiple lawsuits involving the subject property.
8. There was no evidence that the city officer has acted
other than a private citizen and neighboring property
owner with respect to his contacts with other city
departments over the disputed property situation.
9. There is some doubt that any statements were made
as alleged.
_LU. There is no probable cause to believe -a „.A.Ls_L«L_.Lon of
the ordinances prohibiting certain conflicts of interest
has occurred.
Dated: June 20 , 1983 CITY OF LANSING BOARD OF ETHICS:
JOHN F. MERTZ, Chairman
DON COOK, Vice-Chairman
MARGARET GROVE, Member
RITA BAUMANN, City Clerk
STEPHEN SAWYER, City Attorney
�w
CITY OF LANSING
BOARD OF ETHICS
Advisory Opinion No. 1
A neighboring property owner has charged that a city officer
"used his official position for personal gains or influence . " The
n - -hbor charges that the officer boasted "that _ he who con-
demned the (neighbor' s) building" ; that "This man has vowed to
use all his influence to harm me in every possible way" ; and
that the city officer told him that he had "pulled all the strings
at City Hall to make sure that the building does not return to
normal condition. " The matter was referred to the Board of Ethics
by the mayor for "a thorough investigation of the allegations." A
Lansing Police Department detective was assigned to the committee
to assist in its inquiry. The complainant and his witness were
interviewed by the investigator. Records of the. building department
were scrutinized, and selected individuals familiar with the situation
were interviewed by the City Attorney ' s office . The city officer
was interviewed by the Board. Complainant failed to respond to two
invitations to be interviewed by the Board of Ethics .
At a special meeting of the Board of Ethics, held on June 20 ,
1983, it found as follows:
1. The Board of .Ethics is established by. the City:Charter
and is empowered by that document . to render .advisory
opinions to any person with respect to the meaning and
application of those provisions of the Charter and other
laws establishing standards of conduct for officers and -- -
employees of the City of Lansing.
2 . Chapter 2 , Section •2-130 of the City code of ordinances
provides that upon receipt of a written complaint from any
person alleging a violation of the city ordinance pro-
hibiting conflicts of interest, the Board of Ethics shall
investigate to determine whether probable cause exists
to believe a violation occurred.
3. Chapter 2, Section 2-131 (I) of the City code of ordinances
• provides that an officer or employee shall not act on
behalf of the City of Lansing it the making of policy
statements , in authorizing any action, agreement or
contract nor in promising to prevent any future action. ,
when such officer or employee has, in fact, no authority
to do so.
' 4. There was evidence presented to the Board that complainant'
building had been occupied contrary to occupancy and zoninc,
regulations prior to being condemned as unsuitable for
human habitation by the building department.
5. There was ample record of building department attention
prior to any involvement by the city officer as a private
citizen and neighboring property owner.
_ 6. There was no evidence of any awareness by the building
department that respondent was a city officer.
7. There was ample evidence of bad blood between the individu
including multiple lawsuits involving the subject property
8. There was no evidence that the city officer has acted
other than a private citizen and neighboring property
owner with respect to his contacts with other city
departments over the disputed property situation.
9. There is some doubt that any statements were made
as alleged.
10. There is no probable cause to believe a of
the ordinances prohibiting certain conflicts of interest
has occurred.
Dated: June 20 , 1983 CITY OF LANSING BOARD OF ETHICS:
JOHN F. MERTZ, Chairman
DON COOK, Vice-Chairman
MARGARET GROVE, Member
RITA BAUMANN, City Clerk
STEPHEN SAWYER, City Attorney
CITY OF LANSING
BOARD OF ETHICS
_D*9pes 16 Advisory Opinion No. 1
A neighboring property owner has charged that a city officer
"used his official position for personal gains or influence . " The
- )or charges that the officer boasted "that ,ie who con-
demned the [neighbor' s) building" ; that "This man has vowed to
-use all his influence to harm me in every possible way" ; and
that the city officer told him that he had "pulled all the strings
at City Hall to make sure that the building does not return to
normal condition. " The matter was re�zerrr,d to the Board of Ethics
by the mayor for "a thorough investiga', of the allegations ." A
Lansing Police Department detective was aszigned to the committee
to assist in its inquiry. The complainant and his witness were
interviewed by the investigator. Records of the building department
were scrutinized, and selected individuals familiar with the situation
were interviewed by the City Attorney' s office . The city officer
was interviewed by the Board. Complainant failed to respond to two
invitations to be interviewed by the Board of Ethics.
At a special meeting of the Board of Ethics, held on June 20 ,
1983, it found as follows:
1. The Board of'.Ethics is established by. the City.Charter
-
and is empowered by that document - to render advisory
opinions to any person with respect to the meaning and
application of those provisions of the Charter and other
laws establishing standards of conduct for officers and
employees of the City of Lansing.
2. Chapter 2 , Section •2-130 of the City code of ordinances
provides that upon receipt of a written complaint from any
person alleging a violation of the city ordinance pro-
hibiting conflicts of interest, the Board of Ethics shall
investigate to determine whether probable cause exists
to believe a violation occurred.
3. Chapter 2 , Section 2-131 (I) of the City code of ordinances
provides that an officer or employee shall not act on
behalf of the City of Lansing in the making of policy
statements , . in authorizing any action, agreement or
contract nor in promising to prevent any future action ,
when such officer or employee has , in fact, no authority
to do so.
4. There was evidence presented to the Board that complainant' sf'
building had been occupied contrary to occupancy and zoning
regulations prior to being condemned as unsuitable for
human habitation by the building department.
5. There was ample record of building department attention
prior to any involvement by the city officer as a private
citizen and neighboring property owner.
_ 6. There was no evidence of any awareness by the building
department that respondent was a city officer.
r 7. There was ample evidence of bad blood between the individuals,
including multiple lawsuits involving the subject property.
8. There was no evidence that the city officer has acted
other than a private citizen and neighboring property
owner with respect to his contacts with other city
departments over the disputed property situation.
9. There is some doubt that any statements were made
as alleged.
10.' There is no probable cause to believe a of
the ordinances prohibiting certain conflicts of interest
has occurred.
Dated: June 20, 1983 CITY OF LANSING BOARD OF ETHICS:
JOHN F. MERTZ, Chairman
-- - DON COOK, Vice-Chairman
MARGARET GROVE, Member
RITA BAUMANN, City Clerk
STEPHEN SAWYER, City Attorney
March 3, 1983
Terry J. I•.IcKane, mayor.
Office of the I•,Iayor
9th Floor City Hall
Lansin `I. 133 9133.
Dear 1Jayor Mc "'ane
This letter is to inform you of some serious violations of
the Lansing Uniform Housing Code involving .the multiple dwelling
at 210 S. Pennsylvania which was previously brought to your at-
tention by the Eastside Neighborhood Organization (letter attached)
. and which has deteriorated to such an extent as to become a public
nuisance for students travelling to and fro Eastern High School;
which is a substandard building, and an unsafe habitation as per
the Housing Code of 1980, (note affidavit of intent to sell drugs) .
Eventhough these building code requirements have been consistently
brought to the attention of one Steve Zelski (see attached program
reports) nothing has been accomplished to ameliorate the habitable
condition of this place. After many neighborhood complaints, I
personally accompained Mr. Zelski and Pair. Gothrup on 1-27-83, on
an inspection of the place ' in question.. In my person, Mr. Zelski
intentionally did not uphold the requirements as specified by the
Housing Code of 1980, specifically, Mr. Zelski allowed the owner
to :
1) maintain a sleeping room. . .without one operable window
or exterior door approved for emergency egress. This
is in violation of Section 9A-8 regarding Exits. (Note
attached pictures. )
2) maintain a building which lacked .the necessary natural
light and ventilation of the floor area with a minimum
of 10 square feet (note attached pictures) as required
by Section 9A-10 -- Substandard Buildings paragraph.
3) maintain a, building with the outer exit stairway which
has bucketed due .to defective material and deterioration
as required by 3d of Section 9A-10 Substandard Building.
•` Page
4) rent to occupants by not enforcing the owner, Sam Usman,
to fix broken windows, just merely board-up and cover
with plastic for renting purposes (see attached pictures) .
This is in violation of 8b .of Section 9A-10 Substandard
Buildings.
5) maintain a building which .is not weather protected so as
to provide shelter for the occupants against the elements ,
as per section 9A-6B.
Section 203 (9) of the 1980 Building Code states: -. "It is un-
lawful for an owner to keep or maintain any unsafe or dangerous
building. 'Whenever any building becomes vacant, dilapidated and
open at door or window, leaving the interior. . .exposed to the ele-
ments, it is considered dangerous or unsafe."
These codes the Building Department has permitted the ab-
sentee landlord to violate without regard for the protection of
life, limb, health, property, safety, and welfare of the general
public.
Attached also is a "Notice to Vacate" for the property in
question. To date, one month after the 1-21-83, deadline, several
units remain occupied and no one has been vacated from these pre-
mesis. This lackadaisical attitude toward non-Lansingites ab-
sentee landlords lets. .the Building Department to project a negative
attitude of the present administration. It certainly' projects an
attitude of more concern for non-residents than taxpaying residents.
These observations I share with you as your appointee to represent
Ward 4 in the Police Commission.
I respectfully request your attention to this matter. Speci-
fically, I'd .like to inform the residents of the Greenoak Subdivi-
sion why there has been no action to ameliorate the condition of
210 S. Pennsylvania, a multiple dwelling, which has extended for
more than three years
Thank you.
Sincerely,
cc: City Council Members
V '
Jim Kzeski, Building Department Laurencio Pena
Becky Westfall, Social Services Police Commissioner
Bob J. Hull, ENO
V,
he 'Ionorable Mayor Merry J. I?cKane Narch 22, 1983
Oth Floor. City I'.all .Lansing, :`I. 4,9933
Dear :'ayor McKane
'Ie understand there is a code of ethics or rather a law for civil servants not to
misuse their official position for personal gains or influence. It is in this regard
I have a serious complaint against the tactics and personal vendetta of a city employee
named L. Pena who is also your appointed police Commissioner for war&-A of the city
of Lansing, I-'ichigan. This man has vowed_ t.o use all his influence to harm me in every
possible Dray. Despite of my warnin( against tresspassing on my property at 210 'S. Penn-
sylvania, he walks in at will, swim around the Fun and tries to intimidate and dictate
his terms. I..ately he has gone bizarreck since I refused to pay him $ 200+ as he. wanted
it on the 9th of ;arch 10R3. Let me illucidate the fist of the whole problem:
I. A year or so ago, inspite of my protest and disapproval and the total disregard to
any neighborly consideration, he erected a quite( high solid wooden fence on the property
line barely leaving a minimum of one foot width between the fence and the south side of
210 S. Pennsylvania property. `.his has been a major turning point in our relationship
as a neighbors.
II'. For the last 40 - 50 years our buildings existed with no fence in between. This new
hi -h rise wooden fence has completely blocked natural light and fresh air ventilation
from the basement .of 210 S: Penn-;§ylvanid rendering. it absolutly of .no._use. .Fire hazard
escape, amount of natural light and air has .been seriously jeopardized from other apArtmen
facing the fence. All this has significantly reduced the-real estate value of the property
3eFardless of legality, I would like to know your building department experts to give
their opinion on all the issues on this para,=anh specially the fire escape hinderance
for the resident:
M. This little space of one feet or so between my property and his solid high rise fence
has produced a dumping ground for his refuse by his childrens. It is almost virtually
immpossible for normal adults to clean it. I would like to see that city ask him to
clean his mess created by his own action.
IV. On May 7,1072 three inspectors John Cothrup, Clad .ic;,illan and Steve Gelski visited
210 3. Pennsylvania and asked me to make several repairs. I complied all the codes of
of the city and accordingly the building was approved on Eay 24, 1922. On October 14, 1982
it was again revisited by J. Cothrup for annual certification. At that time a few minor
repairs were asked which I completed. however, on January 1, 1983 apartment # 2 of the
building facing L. Pena's property was vandalized and since then it has been vaccant
as per instruction of. I'r. Steve Zelski the windows were boarded and. covered with plastics.
V. the buildin(; has been opertating for the last 40 or 50 years in its present form. All the
windows and doors fully operate as per city code. It has been inspected ref.,ularly
approved accordingly. 'iiindows not opertatinr is a lie. Reduction in. natural light and air
ventilation is due to high rise solid wooden fence erected by L. Pena.
VI. About the drug charge: it simply is amazing to note that this kind of activity goes. on
,Lust under the nose of a police commissioner; it certainly tells a lot about that police
commissioner:
:'II. Similarly all the damages to the property occured on the southside facing: L. Pen's
property. 3eside, I have found L. Pena many times at 210 S. Pennsylvania without any
reason; all this make me very skeptical and lead me to bel;,�� that that the main source
of damage to the property originated from him, particularly.,in his remarks he boosts that .
it is he who condemned the build.inF.
7III. Again it is a biglie no one resided there since the sign was posted and building vaceated
completely on !:arch 11, 19`g3.
2.
?'.ay I know if the city has a uniform and even code of regulations for all the
the properties in the area. Would you, the city council and the neighborhood
organization enforce the .code violations upon a few selected properties or public
nuisance resulting from neglect of properties could originate from any property
regardless of ownership.?
1X. I challenrre any individual who claim that 210 S. rennsylvania has become a public
nuisance fat students travelling, to and fro pastern HICh School. It is simply a
fabrication. Those who agree with this notion, seems to overlook the fact that there
are worst example in the same neighborhood and it could present worst hazard to the
safety and health of childrens and adults residents. ake a walk on 4th - 6th lock
of S. ?iosmer, and a have close look on properties located at 313, 329, 415 and 505
S. Pennsylvania, 317 and 321 S. Eight, 816 Zuclid and Ist• to 6 blocks of IN, Pennsylvania.
( .PhotoFraphs of a few are produced for comparision).
R. On "arch 26, 19P3 while I was at the property 21f) Pennsylvania getting it cleaned
with other two persons, L. Pena came over and told me that it is futile forme to do
any repair work as he has pulled all the string-: at the city Hall to make sure that
the building, does not return to normal condition. EAY I ASK YOU IS I" TRU JiM., HE
ASS R^.J ? TIAS L. Pt;YA FULLED SUFFICI]I"' i;i'OLGri '_, -,!AT I'= Ia 1AS"'AGE OF i-iY " Iii✓; AFD 'iCNZY
`I0 DO GY R^PAI.R IdORK ? In that case let me kno,-r I am willing, to sell it to the city.
It was at this time that I confronted. h. Pena for throwin,- garbag-e inside my
premises. He not only confessed his misdeeds infront of a witness i-:r. Jeff Fultz
dared to continue this nefarious habit of his in future.
In vie,., of his admittance and other direct links to'the damagre 'at 210 S. Pennsylvania, I
:!onde.r hour long, the city will patronize him or'would let .him loose to do whatever he pleases.
Si erely,
Sam '`. Usman
(25 Division Street
L. Lansing-, I?I. tkP023
!'hone: 517/332-6444
cc; City Council Members, City mall Lansint„
City Attorney, 5th Floor, City ?Tall, Lansing, I_I.
Jim Kzeski and Steve Zeleslci, Puilding Department, lansing, IiI.
Director, Social Services, Ingham County, ,ansin[;, 1I.
Y �
;.
V.
I Jeff Fultz, a resident of 1005 Beech Street, Lansing I4I. give. the
following statement under oath.
I was present and witnessed the whole episode as it occured at 210 S. Pennsylvania
Lansing, NI. on the Ist of April, 19,93 around 12.30 - 1.00 PII.
While I was measuring the exterior door of 210 S. Pennsylvania and ;ir. Sam Usman
was busy writting the measurement, a buy named L. Pena from 212 S. Pennsylvania
came over to the front yard of 210 S. Penr_slvania and asked I,!'r. Usman not to do
any work on the property as he himself has condemned the property. And, he is
going to condemn all other properties which ;.rr. Usman owns. lie specifically mentioned
the property 1003 Pennsylvania as the next tar-et
hereupon, i'r. Usman asked him not to talk to him and that he should not tresspass
on his property.
Hea.rinl* this, L. Pena ,grabbed Sam I'sman fron the neck and rave 2 - 3 heaver blows
on his stomach.
I approached to seperate them out but, i,. Pena ,,rarned me to stay away. ::r. i�sman
askea me to call the police, as I. rushed to call the police, L. Lena released
? r. "sman and then both I and Er. Usman went to another neighbor's house to call
the police.
After a� ew minutes, a police officer came. He first went to see L. Dena and
recorded his statement and then came over to record rIr. Usman's and my statement.
In this connection, I may state also that even last week on i!arch 26, 1983 while
vie were workin{- at 210 S. Pennsylvania the sma; L. Pena came over and ental-ed in
heated discussion with I"r. Usman. At that time I heared i:r. bsman sayinE_- to L. Pena
not to bring back or thrown garbage inside his property at 210 S. Pennsylvania or
tresspass on it. Thereupon L. Pena's reply was that he will continue to throw
�*arbar,e inside at 210 S. Pennsylvania.
1.
Sworn and subscribed Jeff Fultz
before me.
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L A N S I N G
L A N S I N G M I C H I G A N
DEPARTMENT OF PLANNING & MUNICIPAL DEVELOPMENT 487-1250 48933-1669
BUILDING SAFETY DIVISION
WASHINGTON SQUARE ANNEX
119 N.WASHINGTON SQUARE
March 9, 1983
Sam Usman
625 Division St.
East Lansing, MI. 48823
Re: 1210 S. Pennsylvania Ave.
Dear Mr. Usman:
On March 8, 1983 I checked the property listed above and found additional code
violations in apartment # 2 (downstairs).
Replace entrace doors that have been damaged and torn from hinges. Additional
window glass has been damaged and these shall be replaced with window glass to
also meet code. These repairs shall be made within (10) days. The apartment
is still listed as sub-standard and cannot be rented until notice from the
Building Department of Lansing.
Sincerely,
76�
John Gothrup
Housing Inspector
JG/mm
Today's date is May 4, 1983. The time now is 11:15AM. This is an interview with Mr.
Jeffrey Fultz, it's F-u-1-t-z, regardi.ng all that have been made against Mr.
Laurencio Pena who is a member of the Board of Police Commissioners of the Lansing Police
Department.
Q. Mr. Fultz, would you tell me what your current address is please and telephone number?
A. 1005 Beech, and it's 482-1256.
Q.. 1-2-5-6? .
A. Yes.
Q. Okay. Mr. Fultz, are you' currently employed anywhere?
A. Just help Sam.
Q. Okay, and do you attend school at the present time?
A. Yeah.
Q. Where is that at?
A. Adult' Ed, Old West Junior High.
Q. Okay. You stated that you just help Sam from time to time, you mean Mr. Sam Usman,
is that correct?
A. Yeah.
Q. All right. And when you say you help him, what kind of help do.you do? What kind of
work do you do?
A. Construction.
Q. And is that on properties that he owns or houses that he owns throughout the City?
A. Yeah.
Q. Okay, and 'when you say construction, does that include cleaning up any, any property
that needs cleaning up, any painting, that type of work?
A. Yeah.
Q. And repair work?
A. Yeah.
Q. Okay, and does he pay you for this?
A. Yeah,
Q. Okay, about how many hours a week do you think you work for him?
A. I don' t know, it varies.
Q. Okay, so it's not as much as a full time job?
A. No.
Q. And you do this at times that you're not going to school?
A. Yes.
Q. How long have you known Mr. Usman?
A. Since September of last year.
Q. Since September of '82 then?
A. Yeah.
Page 2
Q. All right, and how long have you been doing jobs for him that he pays you for.?
A. Since January..
Q. Of this year?
A. Yeah.
Q. Okay. On April 1st, 1983, were you at 210 South Pennsylvania, which is a house that
Mr. Usman owns, doing work that day?
A. Yeah.
Q. Who else was there with you?
A. Sam.
Q. Okay. Sam, again, is Mr. Usman?
A. Yeah. .
Q. Okay. Did anybody else, could you, let me stop, about what time was it of the day that
you were there, do-you know?
A. About noon.
' r Q. All right.
A. A little bit after.
Q. Did you or Mr. Usman have contact with any other person that day about that time?
A. It was, I can' t name, what's that name?
Q. Okay. It was, the gentleman's name, that was, was there an individual that came over
to the house?
A. Yeah.
Q. All right. And was that individual the neighbor?
A. Yeah.
Q. All right, and is that man's name Mr. Pena as far as you know?
A. Yeah.
Q. And how do you know that his name was Mr. Pena?
A. Sam told me.
Q. And you say he came over to Mr. Usman's property?
A. Yeah.
Q. All right. When did you first realize he was there?
A. When he called for Sam.
Q. Okay. He didn't come into the house? '
A. No.
Q. All right. Where was he when you first saw him?
A. On the sidewalk out the steps.
Q. Out by the steps?
'A. Right.
Q. Was he right at the. steps?
A. Yeah. -
Page 3
Q. So he wasn't on the public sidewalk that goes in front of the house?
A. The one that goes right up to the house.
Q. Okay, so he was on Mr.- Usman's property then?
A. Yeah.
Q. All right. And you state that this man who is identified as Mr. Pena called Sam out?
A. Yeah.
Q. And did Sam go out there?
A. Yeah, and asked me to come out there with him.
Q. Sam asked you to come out there with him?
A. Yeah.
Q. Okay. What happened when you got out there?
A. Mr. Pena said I don't .know why you're working here because. I was the one that condemned,
I 'm a Police Commissioner, you can never open up again.
Q. Okay, so Mr. Pena told this to Sam and said I don' t know why you're working here?
A. I don't know why you're working on this house and stuff.
Q. Okay; and he said that he was"a Police Commissioner?,
A. Yeah.
Q. And he also said that he was the one that comdemned the property?
A. Yes.
Q. , Okay, is there any doubt that that's what he said in your mind, that's what you
remember?
A. Yeah.
Q. All right. Where were you and Sam standing when Mr. Pena was down at the bottom of
the steps?
A. On the.porch.
Q. Okay, so you were up above him some?
A. Yeah.
Q. How many steps are there about?
A. About four or five.
Q. Okay, so you would have been a few feet higher than he was, right?
A. Yeah.
�. Q. Were, did Sam, _or Mr. Usman, respond to him saying that?
A. Saying what? Oh, about the condemning?
Q. Yeah.
A. That's when he told him to get off his property.
Q. Sam told Mr. Pena to get off the property?
A. Yeah.
Q. Okay. How many times did he tell him that, just the once?
A. About four.
Page 4
Q. All .right. And did Mr. Pena leave when he told him that?
A. No.
Q. What did he do?
A. He just kept arguing.
Q. All right. And do you remember anything that was said during the arguments at all?
A. Not all of it. just about, he's a Police Commissioner, he kept saying that.
Q. Okay. Did he indicate that because he was a Police Commissioner anything was going
to happen or anything like that?
A. No.
Q. You said it was an argument, was Sam angry did it appear?
A. .Yeah.
Q. All right. Was Mr. Pena angry?.
A. Yeah, both of them was.
Q. All right. Did either one of them use any swear words or anything like that as far _
as you heard?
A. Sam was saying some stuff about get off his property, with that.
Q. Okay, do you remember what kind of words he said, or what words he said?
A. No.
Q. Did you remember Mr. Pena using any swear words?
A. No.
Q. Okay. , What finally happened?
A. Then Mr. Pena grabbed Sam, he was standing about .two or three steps down. The he
grabbed him and jerked him by..his coat and then pulled him out in Sant yard and
started hitting him.
Q. Okay. You say Mr. Pena _grabbed Sam, where did .he grab him and how?
A. By the neck.
.Q. Like a headlock?
A. ' No, it was like this.
Q. Grabbed him by his clothes?
A. By his coat.
Q. By his coat? And did he pull him down off the porch?
A. Yeah.
Q. Did Sam lose his balance or fall or anything?
A. He almost fell .
Q. But he didn't fall?
A. No.
Q. Okay. And then you say that Mr. Pena hit Sam?
A. Yeah.
Page 5
Q. Where were they standing when this happened?
A. It was about a foot away from the sidewalk that was on his property, on Sam's property.
Q. And you say he hit him, what did he hit him with?
A. His fist in his gut.
Q. How many times?
A. Two or three.
Q. Okay. What did you do when you .saw this happen?
A. I ran down there to break it up and then that guy said son say out of this.
Q. When you say that .guy, you mean Mr. Pena?
A. Yeah.
Q. He said son, stay out of this?
A. Yeah.
Q. Okay, did you stop then?
A. No, yeah I stopped. Then Mr. Usman said go call the police.
Q. Sam told you to go. call the police?
A. Yeah.
Q. All right, did you go to do that? v
A. Yeah I started over that way then Mr. Usman, before I got -all the way over there,
Mr. Usman was there.
Q. Okay. Where were you going to call the police?.
A. Two houses down.
Q. At a neighbor's house then?
A. Yeah.
Q. There'-s no phone at Sam's house on Pennsylvania there?
A. No, that's condemned.
Q. Okay. You say you started down there but before you got there Mr. Usman, or Sam,
caught up with you then, right?
A. Yeah.
Q. Did you look back to see where Mr. Pena was then?
A. No.
Q. Did you ever see Mr. Pena that day again?
A. He was out on the porch when an officer came over to his house.
Q. Okay, so the police finally did come out there?
A. Yeah.
Q. And did Sam talk to the police?
A. Yeah, he talked to him first and then Mr. Pena talked to him.
Q. Did you talk to the police also?
A. Yeah, he took my name and address and stuff.
` Page b
Q. All right. When this fight or battle was taking place --
-30 SECOND BREAK IN TAPE TO HANDLE PHONE CALL-
Q. Mr. Fultz, the question I'd asked you is when this fight or assault was taking place
out in the front yard, did you ever see Sam strike Mr. Pena?
A. No, he was trying to hold him but then he'd still hit him, Mr. Pena was.
Q. Mr. Pena would still hit Sam?
A. Yeah. ,
Q. Did you ever see Sam try to hit him to protect himself?
A. No.
Q. Have you ever had any other contact with the man that was identified as Mr. Pena?
Any other time you ever talked to him or been around .him?
A. Just about the trash.
Q. Okay, when was that?
A. I forget what was the date.
Q. Okay; about how long prior to this incident that took place, a week, a few days, a
month, just an idea?
A. It was about a week.
Q. About a week prior to when the fight took place?
A. A little less than a week.
Q. Okay. And where were you at when that-took place?
A. I was in the house.
Q. Sam's house?
A. Yeah, 210.
Q. Okay, and what were you doing at that time, you and Sam?
A. At the time we was scraping wallpaper.
Q. So you were working on the house?
A. And patching it.
Q. Okay, and how did you happen to have contact with Mr. Pena at that time, what happened?
A. He called Sam out first and then Sam was talking to him and then Sam called me out
.and said listen to this and then said say it again. He said
Q. Who said say it again?
A. Sam asked that Pena and he said if you put the trash back out on the porch I 'll put
it back in the house in that room.
Q. Now he said if you put the trash back out on the porch then I will put it back into
the room.
A. Yeah.
Q. Mr. Pena was telling Sam that, right?
A. Yeah.
Q. And do you know what that meant?
A. What? .
Page 7
Q. That him saying there, what had happened, why was he saying that, do you know why?
A. No.
Q. Okay, do you know anything about any trash between Mr. Pena and Mr. Usman?
A. I seen the trash in the house.
Q. All right. Had Mr. Usman -told you about that trash or anything like that?
A. Yeah.
Q. What did he tell you.
A. He said, he told me, he didn' t know at first who did it. Then that guy told Sam, Mr.
Pena, then he said, well one time I helped him straighten it up on the porch.
Q. The trash?
A. Yeah.
Q. Okay, when Mr. Pena said if you put the trash on the porch- I will put it back into the
apartment again, right?
A. Yeah.
Q. He was saying he didn't want Sam to put the trash on the porch, is .that what he was
saying?
A. Yeah.
Q. Okay. So, outside of those two times now we've talked about, the one time when the
fight or the assault took place, and this last, this other time you talked about the
garbage, having some kind of disagreement over the garbage, have you ever been around
Mr. Pena before?
A. No.
Q. Okay. In either one of those two contacts did you ever hear Mr. Pena say anything
about having a gun or did you ever see him with a gun?
A. No.
Q. Is there anything else yet that you would like to say to this statement?
A. No.
Q. Okay. Is everything you've told me and all the answers you' ve given me, to the
questions the truth?
A. Yeah.
Q. Okay.
That will conclude the interview with Jeff Fultz. The time now is 11:29AM. .
WITNESS:
' r
Today's date is May 3, 1983. The time now is 1:54PM. This is an interview with Mr. Sam
Usman, spelling is U-s-m-a-n. The interview is being conducted by Sergeant Greg Braun of
the Lansing Police Department and is taking place in the Internal Affairs Office on the
Fourth Floor of the Lansing Police Building. This interview is in .regard to allegations that
Mr. Usman has made against Mr. Laurencio Pena, who is presently a member of the Board of
Police Commissioners of the Lansing Police Department.
Q. Mr. Usman, my first question to you is that prior to turning on the tape recorder here
have we discussed in some detail what your statement would be about so that you have
an idea what this interview is about?
A. Yes I do have an idea.
Q. And are you here today at my request but of your own free will?
A. Yes.
Q. Okay, and sir, do you, are you the owner of a piece of property located at 210 South
Pennsylvania Avenue here in the City of Lansing?
A. Yes.
Q. And could you describe that property for me, what type of a building that sits there?
A. The property is seven-unit and I own that property since 1979 and I' ve been renting
to several single people there.
Q. Okay, you say it's a seven-unit, by that you mean there are seven apartments w ithin
the one building?
A. Right.
Q. Okay, and are any of those apartments, is that building occupied at the present time?
A. No not at the present time. It has been vacant since March 11, 1983.
Q. Mr. Usman, as you are aware, you have made several allegations against Mr. Pena in
regard to action you feel he has taken against you that may be improper. Could you
elaborate a little bit as to some of the action that he has taken that you feel is
improper?
A. Yes, number one thing that he has been on my property despite of my repeated request to
him that he should not trespass my property. He has been there without my permission
on several occasions in my absence and I strongly feel that some of the cause for
damages are his. What I mean is that he is the one who has caused those damages.
Q. Okay. Let me stop you there, to your knowledge has Mr. Pena ever made any complaints
regarding your property to Building or Zoning authorities here for the City?
A. No, I didn't know until this whole thing happened. Prior to that I didn' t have any
knowledge. I do have the feel , or I do know that if any private citizen does have
a complaint against any property they make a complaint to the Building Department and
then the Building Department handles on their own. I don' t think that the private
citizen or neighbor should get involved personally and encroach on the freedom or
right of the property owner. There may be a complaint or they make .their differences
known through the proper channel which is the Building Department.
Q. Okay, and do you know if Mr. Pena has ever made any complaints to the Building Depart-
ment in regard to your property at 210 South Pennsylvania?
A. According to his own talk on what you call , say, on March 26, March 26, yes he did
give a mention while I was at my property working on that and he did come over there
and he was boasting that he has taken care of this matter at the City Hall , not to
the Building Department, the City Hall , that the building will remain closed and I
would have no chance to open it up, you know.
r •
Q. Okay, so he made a boast on March 26th of this year?
A. Right.
.Q. That he had made a complaint to City Hall?
A. Yeah, he has not made a complaint but he said that he has taken everything to make. sure
that the building does not get back to its normal condition.
Q. Okay, let me ask you this. At this particular time is your building, has it been
ordered closed by the City?
A. Yes at that time the building was ordered closed. On March 7th I think I got the
letter that it should be closed you know.
Q. On March '7th of '83?. '
A. Right.
Q. Okay, and why was it that .the City was ordering it closed, what did they explain to you?
A. The reason was that there was a carburetor of the oil furnace was leaking, that there
was some spi14aga c oi1 in the basement which remains normal , you open, then there was
some broken window and glasses. So these were the.
this Building Department came and closed the building.
Q. Has Mr. Pena ever made a statement to you regarding the fact that he was the one that
got your property condemned? -
A. Yes, ' it was on April 1st he, when he really assaulted me because on that day he told me
that, in exact, in his word, that Sam, you'll find out and so why not I should let you
know that it is I who has condemned this property of yours and you' ll never get it
back so,, and it is waste of my money to do anything on this property. Also in the same
context he mentioned that, or he said to me that, asked me, that I do have another
property which is on North Pennsylvania and he is going after that.
Q. In an attempt to get that condemned as well?
A. Right.
Q. Okay. Did he imply when he made these statements to you that he had the authority
to get it condemned or merely that he was the one that initiated the complaint which
ultimately resulted in it being condemned?
A. No, he did not mention to me that he initiated or anything. All he said is he is the
one who condemned it and he said you' ll find out and I ' ll , I' ll , he said in his words,
I'd better let you know that I condemn it. And that's not only just to me. I was there
but there was another person who could also testify to this fact that he said that he
is the one who has condemned it.
Q. Who is that other person, what is that person's name?
A. His name is Jeff Fultz.
Q. Is that F-u-1-t-z?
A. Right.
Q. Okay. In the letter that you sent to the Mayor. of Lansing dated March 28, 1983, you
also. make mention that Mr. Pena walks into your property at will and swings around a
gun or the gun. Can you be a little bit more specific in that, what you mean there?
A. Yes, on several occasions in the past prior to this incidence I have found Mr. Pena
several times on my property without any invitation from my or the tenants, you know.
I saw him in the building and I happened, on one occasion, I happened to talk to him.
It was on that time, probably in the fall of 1982, on that time he did open up his
Page 3
lapel of his coat and shows me the gun and some sort of badge from the Police Department.
Q. Okay. Let me stop you there. You state he had a gun inside a lapel on his coat?
A. Right.
Q. Was it in a pocket on the inside of the lapel?
A. Well , no, he opened up a button and here he shows me, that Sam, like this, that Sam here,
I carry the gun.
Q. So he held open his coat?�
A. Right.
Q. So you could see the gun?
A. Right.
Q. And he told you that he carries a gun?
A. Yeah, he carries /t�6n and what you call some sort of a badge and he says that he could,
you know, call the police any time if he wants and the police will be at his command.
Q. So you think that the purpose in showing you that gun and that badge was to show you.
that he had a certain authority or influence over the police?
A. Well , definitely, that's what I got the feeling that here is a man who has some clout.
Q. Okay, now what kind of a gun was it?
A. I haven't seen the full gun, all I was was the butt which is dark brown or black color.
Q. The butt end of the gun?
A. Right.
Q. Okay. He never pulled the gun out that day?
. A. No, he, because at that time we didn' t have any kind of what you call , big heated
discussion of any kind except a normal kind of thing where he mentioned, or. he showed
me that.
Q. About what time or do you recall . the date that this incident with the gun took place?
A. To be honest, I would not know the date or the time because of the very simple reason
that I was not giving much attention to what he was trying to tell me, but as later
incidents took place it is my fair assumption that it was some kind of a ploy on his
side to impress upon me that he carries some kind of clout and I should watch. for it.
Q. Can you give me an approximate. time that this occurred?
A. Since the fall of 1982 it would be somewhere, you know, September, October, somewhere
that, that time.
Q. Have you ever seen him in possession of a gun any other time since then?
A. No, I didn't.
Q. Where was he when this incident with the gun took place? Where specifically was he?
A. He was on my property, 210 South Pennsylvania.
Q. Were you inside the building?
A. Yeah, inside the building, the hallway.
Q. Had he come over to talk to you that day?
A. No he was there for some reason I don' t know and he was there, so I did not question
why he was there.
Q. But with this he indicated to you that he carried a gun and he showed you some type of
badge, is that correct?
A. Right.
Q. And you were not able to read that badge?
A. No. I did not read the badge, I just simply took his words and I have a feeling, I
have seen him several times in City Hall and I have, you know, I have seen some
official card?) with him, so I did not question what it is, just simply I sort of
ignore it.
Q. How did he display the badge. Did he hold the badge merely in his hand or was it in
something? - `%
A. No, he says he carries some kind of identification, .I believe if you are in police or
any of these kind of agencies you do carry some kind of ID. From that, but when he
showed me some sort of badge I just presumed it was something, you know.
Q. Was the badge in a case or was it just merely in his hand or in a wallet or something?
A. Yeah, I think he showed me, he says here it is, he showed his gun, sort of, then he
said it's this thing and then he mentioned that the police is at his command or; you
know, just he could call any time he feels , you know. It might take very . long for
me or for someone else to have that kind of . from the police. For him it
is nothing.
Q. Has he, to your: knowledge, ever called the police on you?
A. I don' t know. He didn't call the police on me, or I didn' t have, I didn't have that
much, you know, so- called visit there except when the tenants have some kind of problem
or I had something to talk to tenants then I visited there and that's how I happened
to meet and most of the time when I visited there he would just, 1 found him there
or he will come over there.
Q. Okay, but to your knowledge then he's never called the police on you, to have them
come and talk to you about anything?
A: No,. no he didn't.
Q. So he's never used his influence in that regard as far as you know?
A. No, yeah, as far as that thing is concerned he .has not called the police directly, but
at .least he made the point that he could.
Q. That he had the authority to do!so?
A. Yeah,. he had that authority to do that and the police is there to listen to him,
Q. Have you ever had occasion to call the police for some type of service yourself in
regard to your property there? -
A. Yes I have not only on this property but I have on some other property which I own
in the City. I've called the police and I have, you know, kind of
Q. You have a rapport with them?
A. Yeah, no, I made some sort of a complaint about certain tenants, that kind of a rapport
I had with them.
Q. Were you satisfied with the police action on those occasions?
A. Well , in those cases I was satisfied, not satisfied I should say but I was made known
by the police what their limitations are and what they could do in those circumstances.
For example as I mentioned earlier i.f I had some unauthorized person on the property
and I wanted him removed the police will simply, would not do anything because they
Page 5
say that unless that person is uninvited by any of my guests, and so that was the
reason they couldn' t do anything.
Q. So what the police essentially told you then, if that person was an invited guest of
one of your tenants they could not remove him, is that correct?
A. Right.
Q. Have there been other occasions or other reasons that you've also had to call the police?
A. No I don't think. there have been many other reasons. Maybe one or two times, maybe a
year or two years back, some burglary or break-in into one or two of the apartments.
In that regard, yes, I did call .
Q. Have you ever had the feeling that the police action or inaction, arything they ever
done was influenced by Mr. Pena?
A. No, no, I wouldn't, I didn't know that he was a Police Commissioner until he -came the
same day and told me. That's how I knew, otherwise, other than that I still don't
know what kind of capacity he has in City Hall or in the State or Federal Government.
All I knew when he said to me, other than that, I have a feeling he was working
somewhere in City Hall . That's how I knew that he was working because I saw him
several times, but _I didn' t know he was a Police Commissioner or anything until he
told 'me.
Q. So then is it fair to assume then that you don' t feel that he has had any influence
over the police?
A. No I would say that the police did not have any, you know, I feel now that the police
did not hear his influence, was not under his influence because I do mention that
when the police officer came on the same day when the incidence happen I mentioned
the same day that this man he said he's a Police Commissioner I don' t know whether
you'll go there and talk to him or not and so the Police Officer then went and talked
to him.
Q. Also in your letter in the paragraph that's identified by the Roman numeral VI you
mentioned something about a drug charge. Could you elaborate on that a little bit?
A. The drug charge stems from.his accusation which he mentions that there had been
some kind of drug dealing on thatproperty at- 210 South Pennsylvania. So my reference
to that drug charges that if he is that much concerned, if he thinks there was a drug
charge, which I don' t know, how he could let it go while he is just there, you know,
and he is practically every, every day there and most of the time I see him there he's
on the property.
Q. Was he saying then that drugs were being used by people on your property?
A. Yeah, I guess so, this was his complaint was.
Q. He made that complaint to who?
A. To the Building Department, I guess , and that's how I found that he, if he is making
this kind of complaint then he should, and at the same time he`says that he's a
police authority, then what kind of police authority, I 'm posing that questions , what
kind of police authority he could be that he could have this kind of dealing going on
there.
Q. Okay, but he was not accusing you personally of being involved with drugs? Who was
he accusing?
A. I don' t know. I think some building inspector said .to me that he said that there's a
drug center or something, you know.
' Page 6
Q. Okay a. drug center,it was being,,-used-by drug users?
A. Yeah, drug user. or something on that property.
Q. Was he implying -that it was the tenants that live there that were using drugs?
A. Yeah, I don't know whether he meant me or the tenants or what he meant.
Q. Also in your letter you mention that Mr. Pena has trespassed on your property. Could
you tell me approximately how many times and when these trespasses have taken place?
A. Could be prior to March 26th I have asked him several times that he could not be
on my property. Yet he continued to be. On March 26th specifically I asked him
in front of again Mr. Fultz that he should not be on my property and yet again he was
there on, after the 1st.
Q. Okay.
A. So in that regard, these three, three times , you know, which I could recall , 'or could
give the date that I did ask him, you know, that I did' mention to him that he should
not trespass on my property.
Q. When you talk about coming onto .your property, where do you mean, like in the front yard,
on the front porch, inside the building, where
A. Inside the building, inside the building, not just on the front yard, he will come there
inside the hall , you know, wherever, if I 'm in the building he will go there, if I'm
in some apartment he will just walk in there.Q. Would it appear that his purpose in coming into the building is to talk to you then?
A. I, I would not know what his purpose was there but he was there, to confront me and
to, you know, give me some sort of, you know, impression that he is some kind of man
who I should be careful .
Q. But he's not there for any reason other than to confront you or to talk to you, then
correct?
A. No, when I was not there he is there so I don' t know what he did or what he
Q. You mean he's gone on your property at times you' ve not been there?
A. Right. That's what
Q. Has he gone inside the building?
A. Yes, he has .gone into the building several times , you know.
Q. How does he get into the building?
A. There are seven apartments and there's open you know.
Q. That's not secured by any locks?'
A. No, so he could walk in any time. The basement is open and so anyone could walk in
there and that's how I feel the spillage of the oil was some of his actions.
Q. You feel that he may have gone in and tampered with the furnace causing the spillage
of oil?
A. Yes , yeah, I do strongly feel now that he must have gone there because he has been,
he, I understand he did complain about the building and about the tenants who live
there to the Building Department and the Building Department and myself could not do
anything beyond the legal thing which legal thing is ,I just cannot discriminate on
the basis of any job or race or color and so I could not satisfy him or the Building
Department. He have considered me following the building codes and the tenants code
so he could not get through that so he went there and must have ta. npered some of my
things to see that the building get condemned and doesn't get back to it.
Page 7
Q. Now you, again this .is an assumption on your part that he may have tampered with your
furnace, is that correct?
A. Right, yes.
Q. You have no proof whatsoever on this?
A. No, I don't, to be fair, .no I .don' t have any direct proof. Yes on one occasion I
saw him, that he took some garbage back which I had put in front yard, he took it
inside the building and that' s the one I confronted him in front of again, Jeff Holtz,
that why did he bring it back- on March 26th.
Q. 'It was on March 26th that he- did this?
A. No, he did it before. that' :but on March 26th I -confronted why did he bring that garbage
back that I have already placed in front yard and he said he did it and he will
continue to do it again.
Q. In .other words, he admitted to you that he had taken the garbage back?
A. Right, that.was March 26th.
Q. Now where did you .have the garbage setting?
A. In front yard to. be picked up by the City.
Q. Was it out by the curb?
A. Right.
Q. Ok, and when was the pick up day for the City?
A. I would not know, I would not remember what. date it was, but prior to that date
before you, before the City picks up, the people usually picks up and put in the
front yard, that's what I did.
Q. That's what I was going to ask you, how many days prior to the normal pick up day
was it out.there?
A. About a day or two, you know, it may be.
Q. And then you're saying that you saw him pick that garbage up, it was in a bag?
. A. Right, it was a. cardboard which that cardboard had some broken glass and a leg of
chair or something like that which cannot be. bagged.. So I put in cardboard to
be picked by. pity and .so what, and I put some garbage bags there, so what I saw
that he, he picked up those bags, that cardboard with the broken glass, I saw the
next day in .my house and I told him that I noticed him the previous night that he
was taking, -I saw him on my front porch, you know, and I said that you are the
one who brought it here .and I said why did you bring it there. He said that he
would bring it back, you know simply.
Q. Ok, so you saw him, did you actually see him pick up the garbage and carry it up
to your front porch?
A. Well I didn't see him picking it .up there, all I saw that there was something that
he was holding and standing on my porch, you know, while I was passing through that
neighborhood.
Q. So you were passing by in an automobile?
A. Yeah,, I was passing by in an- automobile and I saw that he was on my front porch
I just sort of ignore, I said well gee, it must be like just like one of his usual
visits there, but then the following day I saw that bag there on, in my apartment
and then I didn't say anything to him, I didn't go to his house, I didn't confront
him anything until he. came himself.
Q. That was on March 26th?
A. That was on March 26th. . when he came and then I told him.
Page 8
Q. Now where did the garbage finally end up, inside your building?
A. Yes, inside the building.
Q. And that's when you confronted to him and tha V s when he made the statement to you
that he did it and he would do -it again?
A. Right, I think, I will 'be not wrong, -I think that board is still there, you know
(unintelligible) could be. there.
Q. About what date was that, the incident with the .garbage it happened? Was it in March?
A. Yeah, it was in March sometime prior.
Q. A few days prior. to the incident?
A. Yeah, I think, I will say in first .week of.March.
Q. Prior to turning on the tape..recorder Mr. Usman you also made mention something about
refuse- or garbage being .thrown onto your property, is that correct?
A. Yes, what it is that there .is a solid fence built by him leaving a space about a feet
between my property and his property line.
Q. Ok, your property you mean your actual property line or the building, the wall of
the building?. .
A. The wall of the building..
Q. So it's a one foot space?
A. One foot of space between my property building and his property line, there's a solid
fence and that blocks completely fresh air and light, natural light, into some of the
apartments.
Q. And he put this fence up on .his property?
A. Yeah, he put.this fence and actually he asked me that I should not object to that
which I did and he went.anyway and built it. and as a result of that little space
there's 'a lot of.garbage accumulated there which I. feel also that it has been
direct result of his actions by his children or himself.
Q. How high is this fence?
A. It' s about five feet, five or six feet.
Q. Can you see over it?
A. Well it depends how tall you are. My basement -apartment does not have any light
because of that, natural .light, it has been completely blocked.
There was an interruption while the. tape was being switched over to the second side.
Q. Mr. Usman you just started to describe the area formed by your building and the
fence on Mr. Pena' s property and it was very narrow, approximately a foot between
the fence and your building, correct?
A. Yes.
Q. And you stated that there is refuse or garbage being thrown into that area?
A. Right.
Q. What kind of refuse or garbage is there in there?
A. Well there's some papers, some bottles broken and some kind of you know (unintelligible)
I would not be able to characterize it.
Q. Just something that you would throw out normally.
A. Right.
j .... Page 9
Q. And it's your feeling that Mr. Pena or members of his family are responsible for
putting it there?
A. Yes, it' s a very fair assumption on my part and-1 guess it's not just my assumption
but many officials, fair minded officials or any other individual who will visit
and see, will come -to -the same conclusion that no other tenants of mine or any other
neighbors would be able to come and deposit that kind of,refuse in that little
alleyway which is to say, the access to that is from his side, from his driveway.
So an person or someone- else- to come and deposit it they would have to go
through his property and do that in which T am sure nobody will do that.
Q. Have you ever accused him directly of putting that material there?
A. Yes I did send him a letter asking him, saying him that he is the main cause for
this refuse there and sent that letter to the Building Department that he should
asked to take.
Q. Did he ever admit to that to you? .
.A. No, we didn't come to that meeting there, I could have talked to him directly or
he could have made any kind of comments then.-
.-There will be an interruption .in the tape. The time now is 2:28 P.M. The interruption
in the tape was an emergency evacuation of .the police building. All occupants had to
evacuate-including myself and Mr. Usman. The time now is 3:03 P.M. We have just been
allowed to return to the building approximately five minutes ago. This interview .has
been terminated as of this point. Mr. Usman had a previous 3:00 P.M. appointment that
he had to make and consequently we've set- another date to continue this interview.
That' ll conclude the tape at this point until the interview picks up from here.
Today's date is May 4, 1983. ' The time is 10:45 A.M. This is a continuation of the
interview with Mr. Sam Usman that was started on May 3rd. Conducting the interview
again will be Sgt.. Greg Braun of the Lansing Police Department..
Q. Mr. Usman is there anything else that you would like to bring forward during this
interview regarding any occurrences between that have taken place between you and
Mr. Pena?
A. Not that I can think of except saying that I strongly feel that Mr. Pena has violated
his position as a Police Commissioner and based on that he was trying intimidate
me or at least impress upon me that he had a man with clout who could do something
to me and, I should listen to him and I got the feeling too that yes he did have
some kind of clout as in the past-he has shown me some kind of badge and gun that
has impressed upon me and so I was careful not to annoy him in anyway and I was
more than willing to cooperate in many ways and that' s why I have the feeling until
the final days of the incident when he assaulted me I was left with no choice
but to call the regular police officers and made a formal complaint against him
for the assault.
Q. Currently do you have any kind of criminal charge that you have filed against him?
A. No, I haven't. Personally I haven't taken any action so far.
Q. Let me stop .you, Mr_ Usman: My understanding is that you have made a complaint
against him for assault and battery. Did you not in fact sign a complaint?
A. Yes I did, I did sign that complaint and I have gone with the Ingham County
Sheriff, Ingham County.
Q. Prosecutor' s Office?
A. With Prosecutor's Office and there I have signed necessary documents in that regard.
Page 10
Q. And to summarize in essence your -entire complaint and you correct me if I don't
have this accurately, state this accurately. Your complaint is that you feel
that Mr. Pena has tried to use his position as a Police Commissioner to intimidate
you, is that correct?
A. Yes. I 'm bothered about that because even; you know, he has used that position
and based on that words as I said earlier; his words had been that he is the one
who has condemned my property and he is going. to take actions against my properties.
Whatever job he has here I don't know other than simply that he's a Police
Commissioner.
Q. Is it also true if I understand the answers in the statements that you made earlier
during this interview that as far as you know though there's never been any direct
action taken by anyone from the police department or any other city department
toward you based upon Mr. Pena's power or authority as a Police Commissioner?
A. No, I don' t think so. They haven't taken any action other than what he has been
simply -boasting to me.
Q. And that being the fact that he got your property condemned?
A. Right.
Q. Do you understand that he has the right as .a private citizen to make complaints
and cause investigations to happen .just as you or anyone else would?
A. Sure I do have that, but .let me make one point clear here, he didn' t in the last
day that he .assaulted me -he .said he didn't get it condemned, he said he condemned
it, so that there is a clear distinction there when a person comes up and you know
try to show that ..he is a Police, Commissioner and he is the one who condemned it,
so that' s where my complaint was, that if he is a Police Commissioner and he is
the man with .the clout then naturally he has a power I didn't have other way just
to believe what he was saying at that time.
Q.. Do you believe that as a Police Commissioner that he would have the power to get
property condemned?
A. Not now, now I have a better .feeling, a better. understanding talking to the police
department or here and -from the building inspectors concerned building depattment
building people, that as a .Police Commissioner or police officer no one has that
kind of authority to go and condemn the building. It is the Building Department
which has all that kind of power, authority in that regard.
Q. - Is there anything else that you would like to say to me Mr. Usman?
A. Yes, I would like to say one thing that again has threatened my belief that he has
some kind of clout, that when he build a solid fence on that property. I bought
that property in the year 1979. Well I talked to that following year he purchased
the property 212 S. Pennsylvania and what I am trying to say is that for the last
50 years or what not since the buildings have been there, there was no fence, yet
he. comes there and he builds that high rise solid wooden fence which blocks the
natural light and air circulation into some of my apartments there and I had the
feeling. that unless he has some kind of power he, one cannot just go there and
build although he was building as he claims, that he was building on his property
line yet it was infringing on my property and an honest person would not usually
take that kind of action or do that if he had a compassion for neighbors or others
unless he' s some kind of high official who could manuver his way and that's what
I feel he did manuver his way and try to use that .kind of (unintelligible) .
Q. Have you made a complaint to the Building Department or anyone else within city
government regarding that fence?
A. Yes I, I did not make a sort of in writing, yes I did verbally talk several times
and they. said the Zoning Department more of less went along with his line of thinking
r F
o '
Page li
A. (con't)
and so right there I stop I .didn' t have much to go on.
-Q. In other words is it your impression then that the. Zoning Department feels that
that fence is legal the .way that it sets .now?
A. Yeah, that's what my impression was, but the Building Department has a little
different view than the Zoning Department so I don't know who's right or wrong.
Q. One other thing Mr. . Usman, as I've explained to you that this investigation and this
interview is being done on` behalf of the Board of Ethics who is looking into the
actions of Mr. Pena in -relation to the complaints that you have filed. If at a
later date it becomes .necessary for you to appear before the Board of Ethics or
anyone conducting an investigation on your behalf, would you; are you willing to
cooperate and participate in that?
A. Yes I would be willing 'to come forward and recall any statement or testimony which
I have too to give in this regard. I feel strongly that some honest impartial
kind of persons is staying the power in City -Hall , There are many persons who don' t
have any kind of power, they could. come. and talk to them directly. So I strongly
feel - that thi.s will be a sort of. expedience which many common persons could feel
that,- yes there is an imparital authority in the City Hall to which they could
look forward to.
That will conclude the interview with Mr. Usman. The time now is 10:55 A.M.
Witness Mr. Sam Usman ,
Witness
Date
CITY OF LANSING, MICHIGAN
APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY
Permit No. I do hereby swear and warrant that all statements made by me in this application
d are correct to the best of my knowledge and that, in consideration of the granting of '
Date -f}P/z� .S !p�� this permit, I agree to save the City of Lansing harmless from any and all damages. ,
A Building Permit is hereby requested to: I hereby agree to construct said work in all respects in compliance with the Statutes of
the State 'of Michigan, and the Ordinances of the City of Lansing, Michigan. ?
Erect Alter Enlarge Repair—k—Convert I hereby agree to locate this building on the lot so that it will not encroach beyond the
building line as established by the setbacks of existing buildings in the block. i
0Al D-emy-CD nju LT1/'L,C 0We1-L1,v6'- .
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p Contractor's Signature f
Address
Contractor S/4 n? USrn^1 "O-eti Lic.No.
Legal Description 3 301_" Ar-� OG - / �/ - '] k
Contractor's Address G Z 5 D IV/S/oN 37. t
EAsT I-.4A slAjG- , M ICY V??; Phone 3 .32-- ,1, y` V
Owner's Name SAm!( S �g6vu1° t
Owner's Address
Valuation $ 0 00 ' 00 Fees $ /S' D Phone 3 3 1- yY y
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Plumbing Contractor �/
Heating Contractor �.4!S - L G�Ns p Co wr/��cTa2 Subscribed and sworn before me, a Notary Public in and for ,
Electrical Contractor County, Michigan, this day of 19
d
Sewer Contractor NOTARY PUBLIC
Bldg. Size ViVIT B��.Height
My commission expires 19 J
Stories Family
Zoning Zoning 3
Plan Filed 19 Approved 19
Occupancy Structural
Remarks RC PA )& [3 ROft f N W JwDoW S FR,41neS Construction Type Electric
Certificate of Occupancy: Plumbing
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MUNICIPAL DE 11, 1983
OV PLANNI riaL Ch
DEPARTWENT `( DIVISION
FET
BUILDING SOUPRE ANNEX
WASI-II GA NGTON SQUARE
San'
119 N. ,
Usman lv ania Av e• »
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S. penrisy
East
Lansing' MI. 48823 Re'
under $ectlo'a If..
condemned ve Zelsk. aad
Dear Mr• Usman address listed in°v de by Tis'-Rote to be Occupied.
r
The building at the s gd'J'a Orm K°indicating �t 1 d and sealed
8 of the Land on the house be boarde e Within
9N 13-s Were PO doors doors will have shall take place
,Otice s and BOardin� e City
Opel' Window siders' se for
Further' revert entry b comply Will be cau
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s.
nd apply st to the
(10) da ysCO
tax lncerely'.�
to board a S
GOthruP
'f2� Ra Sing Xnspector
RECEIPT FOR CERTIFIES MAIL
NO INSUR�.�CE COVERAGE PROVIOEO—
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' STREET"riD flO. -. - —
625 Division St.
p,p.,STATEANOZiPGGDE 48823
East Lansin MI.
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City of LANSING
L A N S I N G , M I C H I G A N
DEPARTMENT OF PLANNING & MUNICIPAL DEVELOPMENT 487-1250 48933-1669
BUILDING SAFETY DIVISION
WASHINGTON SQUARE ANNEX
119 N.WASHINGTON SQUARE
March 9, 1983
Mr. Sam Usman
625 Division Street
East Lansing, MI 48823
Dear Mr. Usman:
RE: 210 S. Pennsylvania
Lansing, Michigan
Dear Mr. Usman:
The structure located at the above referenced address has been class-
ified as a condemned structure in accordance with the Lansing Uniform
Housing Code, as adopted August 11 , 1980, Chapter 9-A, Section 9A-13
"Unsafe or .Dangerous" Building, paragraph A General. sub-paragraph
(8) and paragraph B. Vacation" , as a result of an inspection made
at 2:30 p.m. March 9, 1983.
The inspection- found four (4) apartments occupied.
1 . Apartment #7, ceiling is falling off in bedroom due to leaking
water from bathroom above.
2. Floor furnace has no inspection cover over inspection opening.
3. Furnace is full, of dirt and filth - occupied apartment.
The other three (3) units which are occupied have broken doors,
cracked windows, .cracked walls, cracked stairway and hall walls and
are filthy.
The oil fired furnace in the basement has a defective oil control valve.
which is overflowing and filling the basement floor with fuel oil .
The defective oil control valve also is malfunctioning when feeding
the proper amount of oil into the furnace.
r
th-
Mr. Sam Usman
March 9, 1983
Page Two
This basement is a potential bomb and a very high fire hazard.
Therefore, this office has no other alternative but to condemn this
residence as of 4:00 p.m. March 9, 1983, and signs will be posted on
the structure stating this.
Very truly yovi ��
Steven J. Zel
Deputy Director
4 7
.RECEIPT FOR CERTIFIED MAIL
NOINSURANCECOVERAGEPROVIDED-
�t�y t+ �rry� Ti�r
NOT FOR INTERNATIONAL MAIL JG
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P.O..STATE ANC ZIP CO15
East Lansing, MI. 48823 .,Wa
POSTAGE s M I C H I G AN
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CERTIFIED FEE _ g, DEVELOPMENT 487-1250. 48933-1669
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625'Division St.
East Lansing, MI:
Re: 210 S. Pennsylvania Ave.Apt.#2
Dear Mr. Usman:
..Due to boarded and broken windows in the apartment listed above the unit
shall not be rented and sub-standard stickers will be put on the entrances
to indicate that it shall not be occupied until approved by the Building Depart-
ment 'of Lansing. . .
Sincerely,
-ohn Gothrup
Housing Inspector-
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L. A N S I N G , M I C H I G A N
DEPARTMENT OF BUILDING SAFETY& DEVELOPMENT 487-1250 48933-1669
WASHINGTON SQUARE ANNEX
119 N.WASHINGTON SQUARE
January 5, 1983
Sam Usman
625 Division St.
East Lansing, MI-. 48823 '
Re: 210 S. Pennsylvania Ave.
Dear Mr. Usman:
Replace all broken and missing window glass in the building listed
at the address listed above within (10) days. Covering open windows
with plastic is not acceptable. -
. . Failure to comply will be cause for further action by the Building
Department.
Si.ncerely,,
41
JohnR Gothrup
Housing Inspector
JWG/mm
LANSING
L A N S I N G , M I C H I G A N
DEPARTMENT OF BUILDING SAFETY& DEVELOPMENT 487-1250 48933-1669
WASHINGTON SQUARE ANNEX
119 N.WASHINGTON SQUARE
_ 2-
This NOTICE TO VACATE is to/ nform
al 1 interested parties that the �-unit
multiple dwelling located at Z�a Lansing, Michigan,
is in violation of the 1980 Lansing` Uniform Musing Code. The Certificate of
Compliance is hereby withheld--pending correction of the violation(s) in the
building and/or on the premises.
The Lansing Uniform Housing Code states that no unit in a multiple dwelling
shall be occupied unless a Certificate of Compliance has been issued upon
inspection and approval of the building by the Department of Building Safety
and Development. Therefore, this department has no alternative but to ORDER
HIS BUILDING VACATED BY ALL TENANTS within forty-five (45) days on or before
•�1- IqS , and to remain vacant and unoccupied until a Certificate
//of Compliance is issued by the department.
If you have any questions about this NOTICE TO VACATE, feel free to contact
the undersigned.
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. L A N S I N G M I C H 1 G A 'N
DEPARTMENT OF BUILDING SAFETY& DEVELOPMENT 487-1250 48933-1669
WASHINGTON SQUARE ANNEX
119 N.WASHINGTON SQUARE
October 14, 1982
Sam Usman
625 Division St.
East Lansing,' MI .' 48823
RE: 210 S.Pennsylvania Ave.
Dear Mr. Usman:
The recertification inspection of .the multiple dwelling located at the above
address was•made on October 13, 1982. The following violations of the Lansing
Uniform HousingCode werr found:
Apartment # 7
— 1. <epair `°leaking faucets in bathtub.
2. Repair defective drain pipe on kitchen sink.
Apartment # 6 ,
% --.1. — Repair defective drain trap on lavatory in bathroom.
Interior Hallways
1. Repair all loose plaster and wall paper.
Apartment # 2
1. Remove loose .paint on ceiling in the kitchen.
Basement Stairway
1. ' Instal 1 a plate on light switch.
All violations must be corrected within thirty (30) days. You are responsible
for calling this office as soon as the repairs are completed. I will have to
reinspect the premises and approve the corrections before a Certificate of
Compliance can be issued.
Very truly yours,
. `�7 GG j�U•��t-G
ohn W. Gothrup
Housing Inspector
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L A N S I N G M I C H I G A N
DEPARTMENT OF BUILDING SAFETY& DEVELOPMENT 487-1250 48933-1669
WASHINGTON SQUARE ANNEX
119 N.WASHINGTON SQUARE
May 24, 1982
Mr. Sam Usman
625 Division St.
East Lansing, Michigan 48823
Dear Mr. Usman:
RE: 210 S. Pennsylvania'
All the repairs have been made at the address listed
above (letter dated May 1, 1982) and have been ap-
proved by the Building Department of Lansing.
0
Very truly yours,
r�
ohn W. Gothrup,
ousing Inspector
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L A N S I N G
L A N S I N G , M I C H I G A N
DEPARTMENT OF BUILDING SAFETY&.DEVELOPMENT 487-1250 48933-1669
;'--'.,_-- WASHINGTON SQUARE ANNEX
`A 19 N.WASHINGTON SQUARE
May 7, 1982
Mr. Sam Usman
625 Division Street
East, Lansing,'Michigan 48823
Dear Mr. Usman:
RE: 210 S. . Pennsylvania
After receiving a complaint I, John Gothrup, Steve Zelski �iiH Clay McMillen
made a';safety inspection at the address listed above and fbund the following
Code violations:
Exterior:
S,2�r g2 1. Repair or replace weakend stairway and deck (including guardrails) and
including damaged parts at the rear of the building,.,
2.�! :Repai.r any roof leaks.
Basement: „ . {
Remove space.' heater vent from chimney. (Is not connected to any gas unit,
and.is too close to combustibles)
�W:g -2. "Anchor loose electric cables that are next to the furnace,
6�22. —3. Change vent on oil tank from 3/4" to 1 1/4" size. .
=• 4. Remove copper gas line that serviced an illegal gas heater and install a
„•sol i d plug in opening,.
Apartment #2:
Repair 'or replace deteriorated light outside of exterior door.
5 2 y:g 2. Repair damaged wall around bathtub.
S/2'-gam 3. Closet in hallway has a defective ceiling light. (Repair)
Mr."Sam Usman
Page g RE: 210 S. Pennsylvania
.
May -7,' 1982
Kitchen:
yl: yRepair damaged ceiling.
gy_2 Connect light.-fixture that i s over the kitchen sink to a wall switch or
remove_ the fixture.
_
Apartment #7: k
,� 4*-;,, 71 . : .Clean floor furnace and service.
gam— 2: .Repai r damaged, ceiling in living-room.
:r Kitchen:
Repai r damaged wall under sink.
Bathroom:
' Remove snap switches from lights and make sure they operate from a wall
`switch:
Apartment #1 : (Sleeping room)
1. ; Repl ace drai n trap that is missing from wash basin.
a
Community Bathroom - 2nd floor:
S,j2` I. . tall non-absorbent cover on floor replacing existing deteriorated cover.
Repair all damaged walls and baseboard.
Apartment #6:
.n` fS2 1 . ; Remove light from above kitchen sink or connect the unit to a wall switch.
5,2�,3'z-20 Repair damaged covering on bathroom floor.
_57_r2:Vv_ 3. Repair damaged wall aroundbathtub.
S--2"-, 2- 4. . Repair deteriorated steps outside of the apartment.
Apartment #5:
1., . Repair deteriorated stormdoor or remove.
n
=; Mr: Sam Usman ,
> ;t{. Page 3 tt 210 S. ,Pennsylvania
May 7,' 1982.
Apartment'`#3: , .. '
^Repai r. or repl ace damaged door to unit.
2. � >Remove gas. line from the room and seal off with a solid plug.
Basement*.is not to be used for storage except properties of tenants.
`A
P artments # '2,' 3, 4', 5, 6 and 7 are vacant at this time and shall be labeled
with Substandard stickers. Also, they canndt be rented or occupied until all
repairs have been made and are approved by the Building Department.
` Number #21- .*Is an apartment (Vacant)
-::;• :"'' : Number #6 - Is an apartment (Vacant)
Number #7 - Is an apartment (Vacant)
='.,Number #1 - Is a:sleeping room (Vacant)
Number #3 - Is a sleeping room (Vacant)
Number'#4.- Is a' sleeping room (Vacant)
4 4
Number'#5 - Is a sleeping room (Vacant) ;
"All `repairs shall be co(npleted within thirty (30) days.
r Very truly yours,
tt° " John Gothrup,
Housing Inspector
'.' JWG/n 1
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City of LANSING
• _ i�� D II/.6 a 111111
L A N S I N G , M I C H I G A N
DEPARTMENT OF BUILDING SAFETY& DEVELOPMENT 4V-1250 48933
WASHINGTON SQUARE ANNEX
119 N.WASHINGTON SQUARE
September 30, 1981
Mr. Sam.M. Usman
625 Division Street
East Lansing, Michigan 48823
Dear Mr. Usman:
Re: 210 South Pennsylvania Ave.
On September 29, 1981 I, John Gothrup, made a safety inspection at
the address listed above after receiving a complaint and found the
following code violations.
Apartment (upstairs rear) :
I
�f1 1. Replace two (2) windows that are missing in the rear. bedroom.
Exterior:
0
^/ 1. Repair loose railing on the porch deck at the top of the
stairway.
On September 25, 1980 a letter was sent to you instructing you not
to permit anyone to live in the basement. You have people living in
the basement at this time and you will have to vacate the unit because
it is illegal. This shall be done at once and the balance of the re-
pairs made in thirty (30) days.
Very truly yours,
John W. Gothrup,
Housing Inspector
JWG/nj 1
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2 i� t Y V ® f L A N S 0 N V
L A N 5 1 N G , M 1 C H 1 G A N
DEPARTMENT OF BUILDING SAFETY& DEVELOPMENT 487-1250 48933
WASHINGTON SQUARE ANNEX
119 N.WASHINGTON SQUARE
.September 25, 1980.
Mr. Sam Usman
625 Division Street
East Lansing, Michigan 48823
RE: 210 S. PENNSYLVANIA AVE.
Dear. Mr. Usman;
An inspection for relicensing of the multiple structure located at the address
listed above disclosed some deficiencies which are in violation of the Housing
Codes of Lansing.
CORRECTIONS
Basement
4 '� 1. Install a "T/P" valve on the hot water line to the water heater,
(a licensed plumber is required) .
2. Repair damaged ligth fixture at the bottom of the stairway.
(f 3. Install a solid plug on open gas line in basement apartment.
n � 4. Basement apartment is illegal and can be used only with an ap-
proval from the Planning Department of Lansing. In case it
S,p { becomes legal, 'a second means of exit shall be installed, 50%
l above grade shall be created.
5. Replace illegal plastic waste line in bathroom in basement, (a
licensed plumber is required.) .
Exterior
1. Install a plate on switch on front porch.
All repairs shall be completed within thirty(30) days. It is your responsibility
to call this office when repairs are completed or the period is concluded. I
shall still have to make a re-inspection of. the permises before a Certificate of
Inspection is issued to you.
Very truly yours,
JOHN W. GOTHRUP, Senior
Multiple Dwelling Inspector ..
JWG/stm
PROGRESS REPORT
ADDRESS
DATE INSP.
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BOARD OF ETHICS
The Board of Ethics met in special session on Friday, July 15, 1983 at 10:00 A.M. in..
the City Council Conference Room -. loth floor - City Hall.
Present: Don Cook, Margaret Groves, Steve Sawyer-City Attorney and Rita Bauman - City
Clerk.
Absent: John hertz.
Meeting was called to order by Vice Chairman Don Cook.
`lotion by Don Cook that. John Mertz be excused from the session - Seconded by Rita Bauman.
;lotion Carried.
Motion by Don Cook that the minutes of the meeting of July 11, 1983 be approves as
printed - Seconded by Margaret Groves - Motion carried.
Steve Sawyer said that he had contacted the Mayor's office and spoke to the Mayor in
regard to an affidavit that Mr_ Sawyer was asked to obtain but that -the Mayor had no
such affidavit.
Mr. John Merta had submitted an Advisory Opinion No. 1 to each member of the Ethics Board.
Eath member reviewed the opinion and had no objections or additions to make.. Comments
by the members that Mr. Mertz had done a very good job in drafting the opinion.
Steve Sawyer recommended some small .amendments: .
That on the last page the date of June 20, 1983 be changed to read July 5, 1983.
That after the names of Rita Bauman and Steve Sawyer the titles of City Clerk
and City Attorney be changed to read Members.
That an "S" be added to Margaret Groves name and the the second "N" be deleted
in the name Bauman..
The recommended amendments met the approval of the other. Board Members and the amendments
were made.
Motion by Don Cook that the amendments be made - Seconded by Rita Bauman - Motion carried.
Motion by Rita Bauman that the Advisory Opinion be adopted with the amendments - seconded
by Steve Sawyer.
Motion by Rita Bauman that copies of this opinion be sent to Mr. Sam Usman and Mr. Laurencit
Pena and Mayor McKane. = Seconded by Don Cook - Motion Carried.
The next meeting of the Board of Ethics will meet on.Monday, October 24, 1983.
There being no further business a motion was made by Don Cook that this meeting stand
adjourned - Seconded by Margaret Groves - Motion Carried.
Meeting adjourned at 10:25 A.M.
Respectfully,
Rita M. Bauman
Secretary.
BOARD OF ETHICS
FRIDAY July 15, 1983
10:00 A.M.- City Council Conference Room
A G E N D A
a) Call to Order
b) Roll Call
c) Excused absence
d) Approval of Minutes for
e) Old Business - Pena/Usman Case
f) Reports of Officers
q) New Business
h) Adjournment
JOHN F. MERTZ
ATTORNEY AND COUNSELOR
530 South Capitol Avenue Lansing,Michigan 48933
Telephone(517)485-1680
July 12 , 1983
RITA BAUMANN, City Clerk
9th Floor, City Hall
Lansing, MI 48933
Re: USMAN/PENA
Enclosed please find the following checked items for f iling in the
above-entitled matter.
Summons and Complaint
Proof of Service
Answer
Appearance
Notice of Hearing
Motion
Petition
Demand for Jury
Demand for Pre-Trial Conference .
Demand for Trial
Affidavit
Order
Check in the .amount of $
xx Other PROPOSED ADVISORY OPINION NO. 1
Thank you for your cooperation.
VeeF.
y urs,
JORT
JFM:hp
Enclosures
cc: . D. Cook S. Sawyer
M. Grove
P '416 924 920
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED—
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to
2 i4 m U S VVI►4�-1
Street and No.
'Dt \,/ i 6 TA
P.O.,State and ZIP Code
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Postage $
Certified Fee -7 5
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1.If you want this receipt postmarked,stick the gummed stub on the left po►tiort of the address side
of the article leaving the reae(ptattached and present the article at a post office service window or
hand it to your rural carrier.(no extra charge)
2:If you.do no;want-this,receipt postmarked,stick the gummed stub on thsfah porik n of the
address side of the article,date,detach and retain the receipt,and mail the"Cie.
3.If you want a return receipt,write the certified mail number and your name and address on a
return receipt card,Form 38.11,and at?acj it to the.front of the article by meamafthagumimadaflds
if space permits.Otherwise,affix to back of article.Endorse front of article A151ruRN RECEIPT
REQUESTED adjacent to the,number.
4.If you want delivery restricted to,the addressee,or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article.
6.Enter fees for the services requested in the appropriate,spaces on the front of thisfeceipt.If
return receipt is requested,check the applicable blocks in Item 1 of Form
6.-Save thl"ecelpt and present it if you make Ing6liy.
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f L AN S I N G
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L A N S I N G M I C H I .G A N
RITA BAUMAN, CITY CLERK
9TH FLOOR,CITY HALL
June 29, 1983
Mr. Sam Usman
625 Division St.
East Lansing, Michigan 48823
Dear Mr. Usman:
I am toritinq this letter on behalf of the Board.. of Ethics.
The next meeting of the hoard will be held on Monday, July 11 ,
1983 at 2:00 P.M. in the City Council Conference Room, 10th
floor City Hall . They have requested that you attend this meetinq.
If you cannot attend please contact me at n.83_4130.
Sincerely,
(Miss) Rita M. Bauman
City Clerk
L A N S I N G
e __mow
L A N S I N G M I C H I G A N
RITA BAUMAN, CITY CLERK
9TH FLOOR,CITY HALL
June 29, 1983
Mrs Margaret Groves
1220 Hyland Street
Lansing, Michigan 48915
Dear Mrs Groves:
Enclosed is a copy of the letter that I sent to Mr. Sam
Usman notifying him of the meeting of July 11, 1983 in which
he has been asked to attend. This letter was sent certified
mail under Yo. 416 924 920
Sincerely,
Rita M. Bauman
City. Clerk
1�
Dow—
o LANSING
L A N S I N G , M I C H I G A N
RITA BAUMAN, CITY CLERK .
9TH FLOOR,CITY HALL
June 29, 1983
Mr. Donald L. Cook
1000 W. Mt. Hope Avenue
Lansing, Michigan 48910
Dear Don:
Enclosed is a copy of the letter that I sent to Mr. Sam Usman
notifying, him of the -meeting of July 11, 1983 in which he has
been asked to attend. This letter was sent certified mail under
No. 416 924 920.
Sincerely,
Rita M. Bauman
City Clerk
' z
L A N S I N G.
iv.
L A N S 1 N G , M I C H I A N
RITA BAUMAN, CITY CLERK
9TH FLOOR,CITY HALL
June 29, 1983
Mr. John Mertz, Attorney_
530 So. Capitol Avenue
Lansing, Michigan 48933
Dear fir. Mertz:
Enclosed is a copy of a letter that I sent to Mr. Sam Usman
notifying him of the meeting of July 11, 1983 in which he has
been asked to attend. This letter was sent certified mail under
No. 416 924 920.
Sincerely,
Rita M. Bauman
City Clerk
1,
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I N T E R O F F I C E C 0 M. M U N I C A.T I 0 N � *
a �
TO: Steve Sawyer. (sty AttornPv
FPOt,t: Rita M. Bauman - City Clerk DATE: June 2.9, 1983
SUBJECT: Letter sent to Sam Usman.
Enclosed is a cony of the letter that I sent to Mr. Sam Usman
notifying him of the meeting of July 11, 1983 in which he was
asked to attend. This letter was sent certified mail under
No. 416 924 920.
RITA AUM N N�. a��
CITY B CLERK v P M
9TH FLOOR,CITY H LvMAY SI� '✓- _ �
LANSING,MICHIGAN 8933 CL I CHECK
TO�yFp 2 3 �!1 �J►• 6005903 Js
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CHOLD
oToOAT it(rQ r. Sam Usman
'SEU-1
wq,, 625 Division St.LS rICE East Lansing, Michigan 48823 4'
, ►,' .�
1ST NOTICE
2N NOT1' �+ H
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Oct 1980
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Show to whom and date delivered............... 4
Show to whom,date.and address of delivery.. 6
2..❑ RESTRICTED DELIVERY...........................
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4. TYPE OF SERVICE- ARTICLE NUMBER
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j SIGNATURE DAddiosseo ❑Authorized agont
5. DATE OF DELIVERY POSTMARK
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�ITY CLERK , G Mm _i. A L W PIS
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• Complete items t,2,3,and 4 on the reverse. U S.MAIL
• Attach to front of article If space permits,
otherwise affix to back of article.
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❑ Show to whom and date delivered.................... _Q
❑ Show to whom,date,and address of delivery.. —Q
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AT TIME OF BURGLARY
=PEEL O DRILL =PL
SE% RACE AGE HEIGHT WEIGHT HAIR EYES COMP CLOTHIN
36.DES
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41.OFFENDER'S VEH. BODV YEAR MAKE STVLE COLOR ILICENSEN
US�Y STOLEN
42 PROPERTY TAK. I MONEY I JEWELRY I FURS
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NARRATIVE ALL I f I f I S
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43,PROPERTY RE )MONEY ;JEWELRY (FURS
COVERED(DESCRIBE
IN NARRATIVE ALL
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44.COMPLAINT RECEIVED 45.EXACT WORDS USED BY OFFENDERS(CONTINUE ON SUPPL
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46.RMK/ NARRATIVE:(GIVE DESCRIPTION OF HOW CRIME WA
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47.NAME OF DET.OR J.O.NOTIFIED I TIMEJ
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50.STATUS(CHECK ONE) CLD 51, IS FURTHER POLICE 52 IF CASE IS CLEARED.HOW CLE
CLD. UNFD NOT CLD. EX. ACTION REQUIRED? CLEAR-UP OF MULTIPLE CLEAR-
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1 2 3 4 1 2 PROSECUTE J—SEA
53.LEIN/NCIC NO. 54 SENT DATE TIME 55 CANCELLED DATE I TIME
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58.REPORTING OFFICER BADGE NO 59 REPORTING OFFICER
WHITE -CENTRAL RECORDS
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i # y o t L A N S I N G
L A N S I N G M I C H I G A N
RITA BAUMAN, CITY CLERK
9TH FLOOR,CITY HALL
April 26, 1933
Mayor Terry J. .7cRane
9th floor- City Fall
Lansing; P-Tichigan 48933
Dear liagor Mclfane:
The Boar? of Fthics met in session on ?onday, Avri1 25, 1933 at 2:00 P.71.
at v1l2ich time your letter in regard to allegations made by a Sam Usman
against a Police Commissioner - Laurencio Pena eras presented to all
members of the P,oard.
Discussion r:7a.s T2eld and a special meeting r•.7il_l be held on l?onday, 'lay 9,
1933 at 2:00 P.M.
Request %,as made by the Chairman of the P,oard that any reports or information
be obtained before this meeting so that some action can be taken.
If you have any more information that will be of help please forward it to
me before this meeting.
Thank you for your assistance in this matter.
Sincerely,
Pita .1. Nauman
City C1 erl:
K'
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Concerned c tiz6
This letter is in support of our
f neighbor and police*commissioner,
Laurencio Pena. Mr. Pena has been
an active member of our neighbor-
hood group,'the Green Oak Neigh-
borhood Watch, since we organized
lash Spring.
Our neighborhood has since dealt
with a wide range of problems, in-
cluding crime, trash and violations
of the building and zoning codes.
Never in the course of dealing with p
these did Mr. Pena indicate that he i.
might be willing or able to use his
influence as a police commissioner. E
to help us. His actions have alwa
yf. i
been those of a concerned citizen
and a caring family man.
It is unfortunate that because.Mr.
Pena has chosen to become an in- 1
volved citizen,he must be subjected
to an investigation by the city's eth-
ics committee due to allegations I
made by one of our neighborhood's
absentee landlords'. However, I am
confident that the ethics committee
will exonerate him of any charges of i
misuse of position and recognize
him as an asset to our community.
MARY S. CLARK,Coordinator
Green Oak Neighborhood Watch
Lansing
1
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_ea.ax feuv
I N T E R O F F I C E C O M M U N I C A T I O N -
TO• Richard Gleason - Chief of Police
FROM: Pita ^9. J3auman. Citw Clerk DATE: April 25, 1983
SUBJECT: Case of Usman vs Pena
The Board of Ethics met in session on Monday, April 25, 1983 at r-fi2ic."i
time a letter was received from t7ayor TIcKane in regard to allegations
made by a Mr. San Usman against Laurencio Pena. That Board has asked
me to contact you for any information_ and copies of reports in regard
to this matter. We mould appreciation any assistance or help from
the Police Department on this. Our Boards Attorney "fr. John i�ertz
or our. City Tittorney - Steven Sawyer will be in contact with you.
within the next_ reek on this matter.
Thant: you for your help.
! l
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I N T E R O F F I C E C O M. M U N I C A T I ON
TO: :1r. .Steve Zelski - Euilding Safety and Development
FROM: Vita P'. )auman - City Clerk DATE' April 26, 1933
SUBJECT' Conc'ition of property at 210 So. Pennsylvania Avenue.
Steve:
The' Boar ? of Ethics has instructed ne to obtain information
concerning the inspection of property at 210 SQ. Pennsylvania
Avenue - or',ne:< bL7 a !fr. Sam TTsman. . I need any reports,
inspection papers and any documents that you can give to
me on above pro pert y.
This mill De needed for the special neeting that has been
caller? for on ?au 9, 1933. I mill need this by the end of
this 1:7eek or tie first of next so I can mail_ such reports
to all members, before such meeting.
Thanks:
:
_ F
I
i «1.1i1
f L A N S I N G
L A N S I N G M I C H I A N
RITA BAUMAN, CITY CLERK
9TH FLOOR,CITY HALL
April 26, 1933
Mr. Zaurencio Pena
212 So. Pennsylvania Avenue
Lansing, ;lichigan 48912
Dear lIr. Pena:
Enclosed is a copra of a letter that eras sent to the Ethics
Board by 7fayor McYane for their meeting of Monday, April 25,
1983 in regard to allegations made by 'Ir. Sam Usman.
Tine Chairman of the Ethics Board has instructed me to forward
to t;ou a costa of this letter.
Sincerely,
Rita i1. Bauman
Ci t u Clerk
1
OFFICE OF THE MAYOR
9th Floor City Hall
L@nsing,Michigan 48933
(517)487-1414
aiG
Terry J. McKane, Mayor April 22, 1983
Rita Bauman, Secretary
Ethics Committee
9th Floor City Hall
Lansing, MI 48933
Dear Ms. Bauman and Committee Members:
An allegation has been made that Police Commissioner Pena
used his position in an unethical manner in reference to Mr. Sam
Usman and his property. I am referring this charge to the-Ethics. .
Committee for a thorough investigation of the allegations.
I would appreciate your review and recommendation on this
matter at your earliest convenience.
Best regards,
Sincerely,
Terry J M an
Mayor
TJM/sgw
~ The Honorable I1 yor 'Ferry J. I?ci'_ane March 28, 1983
9th Floor City Ilatl Lansing ;'I. °c?3
Dear i'ayor MIcKane:
We understand there is a code of efM cs or rather a law for civil servants not to
misuse their official position for ;personal gains or influence. It is in this regard
I have a serious complaint against the tactics and personal vendetta of a city employee
named L. Pena who is also your appointed police Commissioner for ward 4 of the city
of Lansing, Vichigan. 'his man has vowed to use all his influence to harm me in every
possible vray. Despite of my warning against tresspassing on my property at 210.5. Penn-
sylvania, he walks in at will, swim'around the gun and tries to intimidate and dictate
his terms. Lately he has gone bizarreck since I refused to pay him $ 200+ as he wanted
it on the 9th of Parch 1983. Let me illucidate the jist of the whole problem:
I. A year or so ago, inspite of my protest and disapproval and. the total disregard to
any neighborly consideration, he erected a quite( high solid wooden fence on the property
line barely leaving a minimum of one foot width between the fence and the south side of
210 S. Pennsylvania property. This has been a major turning point in our relationship
as a neighbors.
II. For the last 40 - 50 years our buildings existed with no fence in between. This new
high rise wooden fence has completely blocked natural light and fresh air ventilation
from the basement Af' 210 S. Pennsylsrp�nia rendering it absolutly of no use. Fire hazard
escape, amount of natural light and air has been seriously jeopardized from other 'apartme:
facing the fence. All this has significantly reduced the real estate value of the propert;
Regardless of legality, I would like to know your building department experts to give
their opinion on all the issues on this paragranh specially the fire escape hinderance
for the resident:
III. This. little space of one feet or so between my property and his solid high rise fence
has produced a dumping ground for his refuse by his childrens. It is almost virtually
immpossible for normal adults to clean it. I would like to see that city ask him to
clean his mess created by his own action.
IV. On May 7,1982 three inspectors John Cothrup, Clay McMillan and Steve Zelski visited
210 S. Pennsylvania and asked me to make several repairs. I complied all the codes of
of the city and accordingly the building was approved on May 24, 1982. On October 14,- 198;
it was again revisited by J. Gothrup for annual certification. At that time a few minor
repairs were asked which I completed. However, on January 1, 1983 apartment # 2 of the
building facing L. Pena's property was vandalized and since then it has been vaccant
as per instruction of fir. Steve Zelski the windows were boarded and covered with plastics.
V. The building has been opertatine for the last 40 or 50 years in its present form. All the
windows and doors fully operate as per city code. It has been inspected regularly
approved accordingly. Windows not opertating is a lie. Reduntion in natural light and air
ventilation is due to high rise solid wooden fence erected by L. Pena.
VI. About the drug charge: it simply is amazing to note that this kind of activity goes on
just under the nose of a police commissioner; it certainly tells a lot about that police
commissioner!
VII. Similarly all the damages to the property occured on the southside facing L. Pen's
Property. Beside, I have found L. Pena many times at 21D S. Pennsylvania without any
reason; all this make me very skeptical and lead me to bel�w(�,.that that the main source
of damage to the property originated from him, particularly4in his remarks he boosts that
it is he who condemned the building.
VIII. Again it is a big lie no one resided there since the sign was posted and building vaccatec
completely on March 11, 1983.
` } 2
I-'ay I know if the city has a uniform and even code of regulations for all the
the properties in the area. Would you, the city council and the neighborhood
or(-anization enforce the code violations upon a few selected properties or public
nuisance resulting from neglect of properties could originate from any property
regardless of ownership.?
IX. I challenge any individual who claim that 210 S. Pennsylvania has become a public
nuisance f'Vr students travelling to and fro Eastern High School. It is simply a
fabrication. Those who agree with this notion seems to overlook the fact that there
are worst example in the sane neighborhood and it could present worst hazard to the
safety and health of childrens and adults residents. Take a walk on 4th - 6th B1ocI,
of S. Hosmer, and a have close look on properties located at 313, 329, 415 and 505
S. Pennsylvania, 317 and 321 S. Eight, 816 Euclid and Ist to 6 blocks of N. Pennsylvania
( Photographs of a few are produced for comparision).
X. On I"arch 26, 1983 while I was at the property 210 S. Pennsylvania getting it cleaned
with other two persons, L. Pena came over and told me that it is futile for me to do
any repair work as he has pulled all the strings at the city Hall to make sure that
the building does not return to normal condition. , HAY I ASK YOU IS FIT* TRUE WHAT H`;
ASSERTS ? HAS L. PEFA PULLED SUFFICIEh'r ENOUGH 'HAT IT IS ��IASTAGE OF NY TII AI;D :CI: Y
TO DO ANY REPAIR WORK ? In that case let me know I am willing to sell it to the city.
It was at this time that I confronted L. Pena for throwin, garbage inside my
premises. Ile not only confessed .his misdeeds -infront-of-a witness Er. _Jeff Fultz
dared to continue this nefarious habit of his in future. .
In view of his admittance and other direct links to the damage at 210 S. Pennsylvania, I
wonder how long the city will patronize him or would let him loose to do whatever he pleases.
Si erely,
Sam I.. Usman
625 Division Street
E. Lansing, hI. 48823
Phone: 517/332-6444
cc; City Council Members, City Hall Lansing, III.
City Attorney, 5th Floor, City Hall, Lansing, I'_I.
Jim Kzeski and Steve Zeleski, Building Department, Lansing, III. .
Director, Social Services, Ingham County, Lansing, 1111.
I Jeff Fultz, a resident of 1005 Beech Street, Lansing I4I. give the
'ol?.:-Inr- statement under oath.
I war3 present and witnessed the whole episode as it occured at 210 S. Pennsylvania
I an:>inn, I:I. on .the Ist of April, 1983 around 12.30 - 1.00 PIlI.
:dhile I was measuring the exterior door of 210 S. Pennsylvania and Nr. Sam Usman
was busy writting the measurement, a guy named L. Pena from 212 S. Pennsylvania
came over to the front yard of 210 S. Pennslvania and asked Iir. Usman not to do
any work on the property as he himself .has condemned the property. And, he is
going to condemn all other properties which i,ir. Usman owns. lie specifically mentioned
the property 1003 I.- Pennsylvania as the next target.
'hereupon, I'r. Usman asked him not to talk to him and that he should not tresspass
on his property.
Hearing this, L. Pena.grabbed Sam Usman from the neck and gave 2 - 3 heavk blows
on his stomach.
I approached to seperate them out but L. Pena warned me to stay away. hr. Usman
as?;ed me to call the police, as I rushed to call the police, L. Pena released
ir. Usman and then both I and Hr. Usman went to another neighbor's house to call
the police
After a�ew minutes, a police officer came. He first went to see. Pena and
recorded his statement and then came over to record IJir. Usman's and my statement.
In this connection, I may state also that even last week on lia.rch 26, 1983 •while
we were working at 210 S. Pennsylvania the smar. L. Pena came over and engaged in
heated discussion with Iir. Usman. At that time I heared Mr. Usman saying to L. Pena
not to bring back or throw garbage inside his property at 210 S. Pennsylvania or
tresspass on it. Thereupon L. Pena's reply was that he will continue to throw
garbage inside at 210 S. Pennsylvania.
Sworn and subscribed Jeff Fultz
before me.
JAM VON
F:u t,�ttasr �x�Plro6 A�+(�,
CITY OF LANSING — ASSESSOR'S OFFICE
3301-15-306-191 7 - 2* DEEDS YEAR LANU BUILDING TOTAL ASSESSED
GRANTOR -.. - - ---- J (J-
�,� GRANTEE1134 Z.
G 7
ADDRESS
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LIB PG DATE R
GRANTOR - _ --- l.lq/J ! li +�✓ _.. _. o?U --
0210 5 PENNSYLVAN I A AVE R I—220. GRANTEE— — - - - �l 7 �/ 6,F , ao,/97__
N 40 FT OF 5 81 .5 FT LOT 1 _ _. -- _-. _ _ _ . .__ --_..__-- ____ p q
ADDRESS -�(�-0-- /� �ilnJ '� �'-�X7- - �
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b E 2 R OF N 40 FT OF S 81 .5 -- -- G. DATE- -- -�---- /
FT LOT 2 LIB PG. DATE R.$ ,�r�D.l � �— — / ,._J_5---- t3�GG? — ���_�0
MISC.
BLOCK 8
GREEN OAK ADD ,,e aP9/41
. . . - 3 '�� Loa or�`�S an
PROPERTY CLASSIFICATIONS/t_/_p,
- - - ------ — - -
. . . . ZONING
LAND ESTIMATE
STREET IMPROVEMENTS TOPO
_. WATER BLVD. L,cNT --IPAV GD _____.___—__TLE
♦ _ 61DEW ALVELI GAS _ CURB GRAVEL IGH---
• ! ! . I . ! i:RONlAGE CDRNER
I I I i UCPTI-I ADJ. UNIT
-------!_._._.—._. .._._._._!. ....-.._..1_._._..._._. DI--'TI.1 /(f?TpR RONTAG FACTOR
VALUE VALUE
STREET ADnRES5
ACRES------- ----- - — -- -
-7 _._._._.._(_._.. .__._.!-._._. !_._.__. ..'-. .._...._i_.... BASE VALUE
DETRACTING INFLUEt•!CE
al
5 T I ------------- —-- -------
" ENHANCING INFLUENCE
! APPRAISED LAND VALUE
. . . . I-.-.-.-.--. . . . . . . .
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SAT I KIND OF- BUILDING VACVF=
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YR. 13 LT. I f•[.:CNI('T1r7N RAI
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May 13 , 1983 .
Ethics Committee
C/O Terry McKane , Mayor
Lansing, Michigan 48933
Dear Mayor McKane :
The intent of this letter is to support the retention of
.Mr. Lurencio Pena on the Lansing Police Board.
I have known Mr. Pena for several years both as a professional
and a concerned citizen of the Lansing community. During that
time , he has always worked diligently and honestly with the
task at hand.
He is committed to working in the best interest of the Lansing
community and the Hispanic community which he has done quite
adequately. Mr . Pena has made significant contributions to the
Lansing School District through his community participation
as well .
I strongly urge the Ethics Committee to take into consideration
the total contributions of Mr. Pena as opposed to one incident.
Sincerely,
Ra inon Jacklson
Y .`
Vice-Pfe.side' t
Lansing Cha1ip�er
NAACP
i
§ 5-206 LANSING CODE § 5-301
.3 The board shall establish a procedure for the resolu-
tion of disputes between the board of water and light and any
of its customers concerning services or billing for services
furnished in accordance with filed rates, rules and regula-
tions, and established board policies and procedures. The pro-
cedure shall incorporate the designation of an independent
xv � hearing officer. The hearing officer shall report to the board
and the mayor the results of each hearing conducted and
shall make recommendations to the board on any hearing
which has not been resolved. The mayor may make recom-
mendations to the board on each unresolved hearing. The
board shall report its final action on any unresolved dispute,
together with the hearing officer's report and recommenda-
tions to the mayor and the city council.
5-207 Sale or exchange of facilities.
The board shall not, unless approved by the affirmative
vote of three-fifths of the electors voting thereon at a regular
or special city election, sell, exchange, lease, or in any way
dispose of any property, easement, equipment, privilege, or
asset needed to continue the operation of the boar& -f water
and light. The restrictions of this section shall not apply to
the sale or exchange of articles of machinery or equipment
of the board of water and light which are no longer useful
or which are replaced by new machinery for the operation
of the board of water and light, or to the exchange of property
spFF::,5 %g or easements for other needed property or easements.
CHAPTER 3. BOARD OF POLICE COMMISSIONERS
5-301 Duties.
.1 The board of police commissioners, hereinafter known as
the board, is established pursuant to Article 5, Chapter 1 of
this Charter and shall have all the powers, duties and respon-
sibilities of advisory boards in addition to the following duties.
.2 The board shall establish administrative rules for the
organization and overall administration of the department
Supp. No. 102
[521
§ 5-301 CHARTER § 5-401
including promotional and training procedures in consulta-
tion with the chief of police and mayor. These administrative
rules shall not be effectuated in accordance with section
5-105.8 of this Charter but shall become effective upon filing
PIC with the city clerk.
.3 The board shall approve rules and regulations for the
conduct of the members of the department, in consultation
with the chief of police and the mayor.
.4 The board in their rules shall establish a procedure for
receiving and resolving any complaint concerning the oper-
ation of the department.
.5 The board shall review and approve the departmental
budget before its submission to the mayor.
.6 The board shall act as the final authority of the city
in imposing or reviewing discipline of the department em-
ployees consistent with the terms of state law and applicable
collective bargaining contracts.
.7 The board shall render an annual report to the mayor
and city council, which shall include a description and evalu-
ation of the department's activities during the previous year,
including the handling of crime and complaints, if any, and
proposals for future plans.
Yfit,ki 5-302 Investigatory power.
Whenever necessary to carry out its assigned duties, the
board of police commissioners shall have the same power to
subpoena witnesses, administer oaths and require the pro-
duction of evidence as the city council.
CHAPTER 4. BOARD OF FIRE COMMISSIONERS
5-401 Duties. -
1 The board of fire commissioners, hereinafter known as
the board, is established pursuant to Article 5, Chapter 1, of
this Charter and 91.all have all the powe s, duties and respon-
sibilities of advisory boards in addition to the following duties.
Supp. No. 102
[53]
'�'., '�. rzti.+.-a..c..ya.+�.: ..r x,.R r- .hi. to - ,E-r"�•".t - ,t.rn.V.i vi4:f� :. r.+.r •.,i5 "'^i .J i �„' _ �.{.r
-
'— _�—__ ,,mow,.^'< r�mwF�...frfiQA .�a�� s�.,Rxxr'r,R...-.a.A•'t+'*4•r�+i,�v.� "'h^�i sa..?t:+- ..')"I .r s+.. --: >_..,.
BOARD OF _ ETHICS - SPECIAL MEETING
Monday- May 23, 1983
2:00 P.M. -- City Council Conference Room
A G E N D A
a) Call to Order
b) Roll Call
c Approval of the minutes of the Special Meeting of
May 9, 1983
d) Case of Sam Usman vs Laurencio Pena
e) Excused absence
f) Adjournment
•
BOARD OF ETHICS - SPECIAL MEETING
Monday. - June 20, 1983
2:00 P.M. -- City Council Conference Room
A G E N D A
a) Call to Order
b) Roll Call
c) Excused Absence
d) Approval of the minutes of the Special Meeting
of May 23, 1983.
e) Case of Sam Usman vs Laurencio Pena
f) Adjournment
`fir+•-+.�
S N S
„a
L A N S I N G M I C H I G A N
RITA BAUMAN, CITY CLERK
9TH FLOOR,CITY HALL
May 24, 1983
Mr. Sam Usman
625 Division St.
East Lansing, Michigan 48823
Dear Mr. Usman:
I am writing on behalf of the Board of Ethics. The next meeting
of the board will be held on Monday, June 20, 1983 at 2:00 P.M.
in the City Council Conference Room - 10th floor - City Hall .
That have requested that you attend this meeting. If you cannot
attend please contact me at 483-4130.
Sincerely,
(Miss) Rita M. Bauman
Lansing City Clerk
L A N S I N G M I C H I G A N
RITA BAUMAN, CITY CLERK
9TH FLOOR, CITY HALL
May 24, 1983
Mr. Laurencio Pena
212 So. Pennsylvania Avenue
Lansing, Michigan 48912
Dear Mr. Pena:
I am writing upon the request of the Board of Ethics. The next
meeting of the board will be held on Monday, June 20, 1983 at
2:00 P.M. in the City Council Conference Room loth floor
City Hall . They have requested that I write to you and ask
that you attend this meeting. If this is impossible please
contact me at 483-4130.
Sincerely,
(Ms. ) Rita M. Bauman
Lansing City Clerk
April 1 C), 1 a�3
Editor
Lansin; Dta. to Journal.
120 E. Li nay:•i e e St .
Lansing, ,;.I 4�3 91 cl
Near Edito�:-
This letter is ° i support oL ciir neighbor ari:3 police
corimissioner, Laurei:Cio Pen_,.. 'Ir. Pena t1aS been an active
me-mber of our nei iibornood group, t',le zr•ee-a vasthbor-
hooG' Watch , since e Gr.- 8.n1Zed last Sprin-,
Our nei`rhborhood. has since ?ealt i-a- th __ -,vide range of.
problems , ncl_uding crime , trasl1, aril: violatioas of the
i7uildinc, and Zonin7 codes . - Never in the course of dealing
17t11 ttlese , dill "?'r. j?ena indiCate tCi<3t i8 0G 4i1lin�?
oi: able to use his influence -ae a police coy.; -Assioner to
help Lis . iiis actions have always. been those Gf a concerned
cit lzen and a. Cal'1' _ f gamily man.
It is uilfortun,-- te , tYiat because f".r. -Dena has c no s.en.
to beCofie an involved citizen , he must be su''jjected to an
investigation icy the city ' ... ethics committee due to a.;_Le-
gatio.ns ma:i.e by one of our nei g}ibor'nood ' s absentee land-
lo rds . Ho��;ever , I a% confident, that t-'n e e tilics committee
n 111 exoYierate 1iim of any cn a,r?es of TLisuse of position
any,, reco-CiiZe IiimI as an asset to our coiTlaunity.
sincerely,
S M -
/d
_.Z.t y l;, �1a,rK
_;oordina.tor
arP,9i1 Oak :::el i1DO ioOd match
cc . i' ayor :icFane
City Council
April 10, 1983
Editor
State Journal
120 E e Le n2 we e St .
Lansing, MI 48919
Nor. Editor :
I write to express my belief that Laurencio Pena has
never used his position as Jard. Police Commissioner in an
unethical manner.
I do not believe that a citizen who is ,'Tilling to do-
nate his time to serve on a city board should be denied
the right to involvement in his own neighborhood.
Laurencio lIas acted to )rotect his family and property
from encroachment by tenants in Sam Usman` s apartment buildinc.
at 210 S. Pennsylvania Ave. He *pas complained to 1:11r. Usman.
He has built a fence between 'nis property and TvIr. . Us6ia-II's .
I.r. Pena has for�nall-% compla:l_ned to Lansing's Department
of Buildin Safety. The above actions are normal course
for dealing with neighborhood nuisances . Furthermore ,
Laurencio Pena is only one of many sources of complaint
about Iss. Usman'.s properties in our =j,rea.
I feel assured that the city 's ethics ccTnmittee will-
clear Commissioner Pena of the allegations they have been
asked to consider.
Sincerely,
cc : "ay o r
City C.unci 1
R. DeMaa—qd Lance `C. ;lark
R. Lawler
LANSING SCHOOL DISTRICT
519 W. Kalamazoo Street'
Lansing, Michigan 48933
Office of
Assistant Superintendent
for Instruction
April 26, 1983
The Honorable Terry J. McKane
Mayor of Lansing
9th Floor City Hall
Lansing, MI 48933
Dear Mayor McKane:
This letter is intended to serve as a character- reference for
Laurencio Pena. I. have only a superficial understanding of his recent
encounter with his neighbor which resulted in his voluntary suspension
as a Police Commissioner.
I do not know what happened between Mr. Pena and his neighbor and,,
therefore, cannot address the nature of that problem; however, I would
like to share with you that 1 have been involved with Mr. Pena the last
three years as he has served as an active member and immediate Past-
President of the Chicano Advisory Committee.
He has demonstrated excellent leadership ability and was able- to
represent the community regarding the needs of Hispanic youngsters. Due
to Mr. Pena's contribution. to the community this past year, he has also
been elected to serve on the Board of Directors of the Boys & Girls Club
of Lansing and has been appointed as a parent representative to the Lansing
School District's Instructional Council .
Would you please share with the Ethics Committee and other individuals,
as appropriate, that Mr. Pena has had an exemplary track record. in the past.
'I would hope that this would be given consideration in the resolution of the
current conflict.
Sincerely,
Richard J.. Halik, Ph.D.
Assistant Superintendent for
Instruction
RJH/bf
F y,7—
1i G•I fe
City of LANSING
I N T E R O F F I C E C O M M U N 1 C A T I O N
TO: Rita Bauman City Clerk
FROM: TerrV J. McKane Ma or DATE: 4-26-83
SUBJECT: Laurencio Pena - Ethics Committee
I am in receipt of your letter requesting additional
information on the allegations made against Laurencio Pena.
Please be advised that my office has provided you with all
of the information that is available to us.
I would suggest that you contact the City Attorney in
the event he has additional documentation.
Again, thank you for your review of .this matter.
TJM/sgw
b�,� T• f` j. F S` r
gam' .i�r.' .., •• . ��.
�+ � .yy. a •'T ~ , •1',1" ' i�'`�,• ,•�r� ' .
�V�n Date �' �( J4rCC Time
To I - -4�-
WHILE YOU WERE OUTlk
F
lyi 1 �Jl of
l�'T j •,i
❑ Phoned you ❑Wants'to see you-�
❑ Asks that you phone ,
❑ Called on you !
' Tel. No. ❑Wants an appointment
4 ❑ Will call back -- - '
❑ Ret ed your call on
Message
0•1170•REV.5-74` - Signed
14
CITY OF LANSING `
MUNICIPAL DEVELOPMENT TO
DEPARTMENT OF PLANNING & ` ;J , �,
BUILDING SAFETY DIVISION SENDER` a'gZ ���} r" �.3�`} �—
ARE ANNEX 8 lE.C 9E �1: 1 1
WASHINGTON SOU f lJ`�Ii :}y� '� ._
119 N.WASHINGTON SOUARE REASO`I !iECKED �—'
48933 -------
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LANSING. P iIGHIGAN. cU,1 c..Ecw No _ t'` ' ��.°`�
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No S-jch SUCC'. --nt rb,i7r�
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Mr. Sam Usman
1ST NO T,,C/E
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t following service is requested(check one). k�C ,. .
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` ❑ Show to whom,date,and address of delivery..
2.❑ RESTRICTED DELIVERY —Q
(The restricted delivery jee'is charged in addition to-
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4. TYPE OF SER AR CLE NUMBER
0 El REGISTERED ❑INSUREDrn
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SIGNATURE ❑ Addressee ❑ Authorized agent
S. GATE OF DELIVERY POSTMARK
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CITY O LAN ING ;
DEPARTMENT OF PLANNI G & MUi CIPAL DEVELOPMENT
BUILDIN SAFETY IVISION
WASHING ON SOU 3E ANNEX G
119 N W SHINGT SQUARE
LANSIN�,MICHIGAN 48933
G
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L/ !�T�Jjs�ion
SamT�C-2 St._ >. t. ,.
Ea 48823
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'` Cit of L A N S I N G
L A N E 1. N G , M I C H 1 G A N
DEPARTMENT OF BUILDING SAFETY& DEVELOPMENT 487-1250 48933
WASHINGTON SQUARE ANNEX
119 N.WASHINGTON SQUARE
December 16, 1981
Mr. Sam Usman
625 Division Street
East Lansing, Michigan 48823
RE: 210 S. Pennsylvania
and
401 W. Hillsdale
Dear Mr. Usman,
All the repairs have been completed at the addresses
listed above and the buildings at this time are con-
sidered to be safe.
Very truly y rs
JOHN W. GOTHRUP,
Multiple Dwelling
Housing Inspector
HWG/nl
._.v..r......rh..u:y.s,.,.irtwi.«.+:..o..--.. .......... .... ....- ..v.. c . .r....- e. . .... ..,...+.w _.-. ..rr.. -.. .v._ ...._w.wS.y... ... .- - ... . .«_.
. CITY OF LANSING 9 ' C:?:14 -��C-�
Department of Building Safety and Development
119 N. Washington Square, Lansing, Michigan 48933
Telephone: (517) 487-1250
APPLICATION for REGISTRATION and INSPECTION
Of _
MULTIPLE `DWELLINGS and ROOMING HOUSES.
DATE October 17, 1980
LOCATION 210 SOUTH PENNSYLVANIA AVENUE
OWNER'S NAME, Sam M. Usman
ADDRESS 625 Division Street East Lansing 48823
No. and Street City State Zip Code
TELEPHONE NO: Home 332-6444 From. 8 AM to 5 PM Same
MANAGER SAME PHONE
ADDRESS
No. and Street City State Zip Code
SEND CORRESPONDENCE AND BILLINGS TO: X Owner Manager
CONTACT FOR INSPECTION APPOINTMENTS: X Owner. Manager
Multiple RXXXX No. of Units (3 )
Rooming House (XXXX No. of Units (4 )
No. of Units Occupied by Owner ( )
Registration ( )
Signed
PLEASE REMIT FEES WITH THIS APPLICATION: $ 38.00
(Make checks payable to City of Lansing)
PREVIOUS CERTIFICATION EXPIRES:
PLEASE CALL FOR AN INSPECTION APPOINTMENT WITHIN 10 DAYS FROM ABOVE DATE.
IF YOU NO LONGER OWN THIS BUILDING, PLEASE NOTIFY US AS SOON AS POSSIBLE.
CITY OF LANSING
1P `•
r
APPLICATION
FOR
REGISTRATION AND AND INSPECTION
OF
r j
MULTIPLE DWELLINGS & ROOMING HOUSES h ,
LOCATION 210 S. Penns ytvania
OWNER e ham' j / v L 1
ADDRESS 2° / S PE NN A ,/ PHONE
CITY L !Y S I 6' STATE /'l /C,/V G•19
MANAGER OR AGENT MC A' )`1 15� O U e
ADDRESS r PHONE `
CITY STATE 1
• r
Multiple ( x ) No. of Units ( ��)
Rooming House ( ) No. of Units ( )
Zoning D-M
1_
Signed '
PLEASE REMIT FEES WITH THIS APPLICATION. '
MAKE CHECKS PAYABLE TO: City of Lansing, Building Department
{
PREVIOUS CERTIFICATION EXPIRES 9-24-78
r •
CITY OF LANSING
APPLICATION
F 0 R2��'
INSPECTION of MULTIPLE DWELLINGS
AND
ROOMING HOUSES
DATE 76
LOCATION 210 S. .Pennsylvania
OWNER J)
ADDRESS ~D6 7 PHONE 62- / J J PI.
CITY STATEC'-� V
MANAGER OR AGENT
ADDRESS PHONE
CITY STATE '
MULTIPLE X) N0 . OF UNITS (7
ROOMING HOUSE N0 . OF UNITS
ZON I NG D-M
S I G N E D
PLEASE REMIT INSPECTION FEES WITH. THIS APPLICATION . n
' I�
MAKE CHECK PAYABLE TO : CITY OF LAN SING , BUILDING DEPARTMENT. ` , i
CITY OF LANSING
STATEMENT FOR CERTIFICATE OF INSPECTION
DATE 9/13/74
NAME ROBERT AND ADELINE FULLERiTON
ADDRESS 12067 RUPP RD.
CITY GRAND LEDGE, MI
ADDRESS OF INSPECTION REGISTRATION EACH UNIT TOTAL
FETE - $10.00 INSPECTION FEE
FEE - $2.00 DUE
210 S. PENNSYLVAN I A - -�------PA( Q
7 UNITS -------- ------------- ----- 4 14.00 $14.00
PAYMENT IS DUE WITHIN 30 DAYS.
MAKE CHECKS PAYABLE TO : CITY OF LANSING, BUILDING DEPARTMENT.
THE CERTIFICATE OF INSPECTION WILL BE SENT TO YOU UPON RECEIPT OF
THE TOTAL FEES LISTED ABOVE.
t
I �
CITY of LANSING
STATEMENT FOR CERTIFICATE of INSPECTION
AND
CERTIFICATE of OCCUPANCY
DATE eJAN. 11 , 1972
NAME ROST. AND ADEL i uE FULLERTON
ADDRESS 12067 RUPP RO.
C I TY GRANo EOGE , t�i Cff 16AN
%DDRESS OF REGISTRATION EACH UNIT TOTAL
INSPECTION FEE — $10. 00 INSPECTION FEE
FEE $2.00 DUE
7.10 S. PENNSYLVAN I A
LAMS I N3G H.I CH I GAN PD : 11--30-7
7 UNITS $14-00 314.00
I
PAYMENT IS DUE WITHIN 30 DAYS.
MAKE CHECKS PAYABLE TO : CITY OF LANSING, BLDG. DEPT.
THE CERTIFICATE OF INSPECTION AND A CERTIFICATE OF
OCCUPANCY WILL BE SENT TO YOU UPON RECEIPT OF THE TO'T
nc
FEES LISTED ABOVE. ��G „-4� < '
ft � 6
4 j �
BUILDING DIV.
G, h4�G�.
CITY OF LANSING
STATEMENT FOR CERTIFICATE 07 INSPECTION
CERTIFICATE OF OCCUPA-INCY
FOR
MULTIPLE D%VELL I NGS
DATE DEC . 99 1969
NAME ROBERT FULLERTON
ADDRESS 12067 Rupp Ro.
CITY GRAND LEDGE , STATE MICHIGAN
ADDRESS EACH UNIT CERTIFICATE
OF INSPECTION of OCCUPANCY TOTAL
INSPECTION FEE = 82.00 FEE — $10.00 FEE
210 S. fENNSYLVANIA 7 UNITS= $14.00 $10.00 $24.00
LANSING , MICHIGAN
THE CERTIFICATE OF INSPECTION AND CERTIFICATE OF OCCUPANCY , WILL
BE SENT TO YOU , UPON RECEIPT OF .THE TOTAL FEES LISTED ABOVE .
REGISTRATION' OF MULTIPLES
AND
ROOMING HOUSES
DATE [
LOCATION_ 210 S. PENNSYLVANIA
OWNER
ADDRESS � � ;7O ` D __PHONE
CITY_�_� p e, STATE f�
MANAGER OR AGENT
ADDRESS - PH0.4E_ _
CITY STATE
MUL I T I PL-E ( ) No . OF UN I TS
ROON I NG Hous 1 NG ( ) No . of Rooms
ZONING SUBDIVISION
i
,! _ -
-
SIGNED
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IL
In response to your letter of March 3, 1983, to Mayor Terry J. McKane
describing conditions and events which took place in regard to the property
at 210 South Pennsylvania Avenue, Lansing, Michigan, in eading your letter
and analyzing your statements, I feel that parts of the conversation
with the home owner that I had was missed by you or was misinterpreted.
Z.,,�,C,-,1.u-.�-�.,a-,�--�i.r.�.•�v ,�z.P.�'..,,r� l,ce.!,.�,,,f, �ti�c.�.. �f.2� �.� �"?���'�7 ,
I am sure that you were unawarrey that an inspector was assigned to monitor
210 South Pennsylvania eyax_y--dtYyv and to keep abreast of changing events
as they occurred. I am also sure that you were unaware that I condemned
.the basement apartment in October of 1982 and it has been vacant ever since.
Further, in October 1982 apartment V, which is the first floor rear
apartment was declared sub-standard and ordered not to be occupied until
repaired, inspected and approved.
In your letter you state that I allowed the owner to violate Housing Code
9A-9 ur item #1 ). This is an apparent misunderstanding on your part
as the allowance to board up the lower portion of the large bay window
was a temporary request from the owner to prevent further breakage of the
glass by vandals. This permission was granted to the owner during the
period of rehabilitation of that unit - not to be occupied until completed,
inspected, and approved for occupancy. If you recall , the owner was
ordered to replace the broken glass in the bathroom and to repair and
redecorate the interior walls.
f
In response to Item #2, you state that I permitted the use of a building
without proper light or ventilation. This is an unqualified charge
as you are aware this unit is being rehabed and vacant. The photographs
attached were accurate and should have been clarified that these photos
were of the lower front, vacant and boarded up unit.
In regards to item #3, relating to the second floor rear apartment exterior
stairway, please recall that the owner was instructed to make repairs to
the stairway;-4n-relat4eeship-te-their appearance.and-aestheties
for the improvement of their
The stairway is structurally sound and safe.
Items #4 and #5 both relate to the vacant apartment, known as apartment #2, the
first floor front unit.
The "Notice to Vacate" which was posted on the residence stated that
unless corrections were made, as per directive of October 14, 1982, on
or before January 21 , 1983, the building will have to be vacated.
On January 17, 1983, Mr. John Gothrup, the Multiple Dwelling Inspector,
made a follow up inpsection and found that all corrections requested in
the October 14, 1982, directive were completed except for Apartment #2.
At this point, Mr. Gothrup rescinded his forty (45) day letter and permitted
the use of the building.
The second phase of the problem began to generate after January 21 , 1983
when rock throwing vandals began knocking windows out. The owner did
replace some. of 1h► but could not keep up with the vandals. so he boarded
others.
On March 9, 1983, a followup inpsection found conditions in the dwelling
in a hazardous condition which qualified the building for condemnation.
The building was condemned at 4:00 p.m. March 9, 1983. The building
was completely vacated by 11 :00 a.m. March 10, 1983.
I can understand your frustration with this problem, which I believe is
more of a people problem namely those who occupy the residence. It is
always easier to attack the housing situation than the people, and we do
have many cases similar to this.
Should you have any questions pertaining to this property, please feel
free to call me at 487-1250.
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Transamen.op Title Insurance Company INVOICE
Title Services
STATE COUNTY BRANCH CUSTOMER NUMBER ESCROWIORDER NO. JDGTJ DATE CUSTOMERS REFERENCE
30 74 00 4871250 378930 3/25/83 Z10 Pc1JaSyLV4N1A
r- City of Lansing PLEASE SEND YOUR PAYMENT, TOGETHER WITH
Dept. of Planning & Municipal a RECEIVED A COPY OF THIS INVOICE.TO THE ABOVE OFFICE.
-----Development-.-Development -- • ---- FROM SEE REVERSE SIDE FOR ADDRESS.
Bldg. Safety Div. BRIEF LEGAL
ESCROW DESCRIPTION
_._.__•.Wash._-Sq. Annex GENERAL
_.119 ..N. Washington--Sq.,. _ .� BILL
L Lansing, Mi. J ESCROW Pt• Lots 1 & 2, Blk 8,
BILL. Green Oak Add. , City of
Attn: Steven Zelski BRANCH Lansing
99
ATTN: Ingham Co.
CODE LIABILITY/AMOUNT DESCRIPTION CHARGES OTHER CHARGES CHARGES
OWNERS POLICY TRANSFER TAX 182
MORTGAGE POLICY RECORDING FEES 182
w
cc
a
700
S-0720 ESCROW FEES
720
OTHER ADVANCES(ESCROW BILL)
a
fnw
aLL 725
45-60-01 N Title Report 50. 00
729
AMOUNT DUE $ 50. 00
MEMORANDUM COPY
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TransamericaTitle Insurance Company INVOICE
Title Services
STATE COUNTY BRANCH CUSTOMER NUMBER ESCROWIORDER NO. DGT DATE CUSTOMERS REFERENCE
30 74 00 4871250 378930 3/25/83r lO . S, f' NivsrL6t�4iv��4
City of Lansing L. es.���, yy
'� `""`�' T PLEASE SEND YOUR PAYMENT, TOGETHER WITH
Dept. of Planning & M1InCa
P.
11 l , A FE THIS INVOICE.TO THE ABOVE OFFICE.
. RECEIVED- a-
_�__Deve7 O��en.� -• ��__Y�� FROM SE R�VER OF�E SIDE FOR ADDRESS.
Bldg. Safety Div. m CHARGE BRIEF LEGAL
,..H .ESCROW.: +• DESCRIPTION
_-Wash. Sq. Annex
119 N. W_ ashington. _Sq._ ' BILL
— - Pt Lots 1 & 2, B1k 8,
Lansing, Mi. uw� �EBSLRO� Green Oak Add. , City of
Attn: Steven Zelski BRA _NCH 3 -r � -Lansing
ss
ATTN: Ingham Co.
CODE LIABILITY/AMOUNT DESCRIPTION CHARGES OTHER CHARGES CHARGES
OWNERS POLICY TRANSFER TAX 182
MORTGAGE POLICY RECORDING FEES 182
f
Q
a
700
S-0720 ESCROW FEES
720
OTHER ADVANCES(ESCROW BILL)
a
Nw
aLL 725
5-60-01 N ' Title Report 50.00
72s
- AMOUNT DUE $ .50.00
t=217Y w
MEMORANDUM COPY
Transamerica Title Insurance Company
TITLE REPORT
Date March 22, 1983 No. 378930
at A.M.
TRANSAMERICA TITLE INSURANCE COMPANY has searched the records of the Register
of Deeds and finds that the last deed in the chain of title affecting the property described be-
1197 1061
low was recorded in Liber 1320 page 113 6—7o f Ingham County,
Michigan. A copy of said deed is attached hereto together with copies of subsequent relevant
documents, if any.
DESCRIPTION:
North 40 feet of South 81. 5 feet, Lot 1, and East 2 Rods of
North 40 feet of South 81. 5 feet, Lot 2, Block 8, Green Oak.
Addition, City of Lansing, Ingham County, Michigan.
The following mortgages or other liens (including tax liens) are not discharged of record:
This report is not to be construed as a guarantee or opinion of title.
Transamerica Title Insurance Company
By 1
r
MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION
Form No.M-868
(Previous No.T-817)
R 31836 .-�
WARRANTY DEEP UKRU97 iv i 1f1•
STATIrFORY FORM DUE TO POOR ORIGINAL
OR INDIYIDCALS
AA'0WALL.NAA•6YrH!'Sk-rRE5fv S That Alict- ;;unn, -a.Tied
'ox �'..>'-, ,'c•raeruonvii'_e, %12.
2871"9
' who..•st rcet number and postofliec addnu la
' (urt.rs and Waitanl to
Rot, rt A rullerton and Adeline 0 '7ullerton,
+ 11t1 Si piia.: 'i Ilt, wi re
�1,; ^.n:;. '.ve. Lansing;, "ichi�ar. 43912
w'ho.c aucrt eumbr and posiotli.e address is NOw — P!a< SS J✓�.tLC•rI shL l
of 1 County of Tn—ha,
the fatly. mg dewittwd prrmise.situated 1n the city ai:.'
and Slate of 4l Iiiaan.tl>w 11.
1cginniilC at a poii:t 41� feet i:orth of t1:' Southeast
corner o.' lot :10.1, flock J ''Lat oC (;reen Oak G.4dil ion to the City
oft'o. '`.ichi;aa accozr in,; to tht: re 1rded pla+n reof,
*,� `npn-e Ras'' 6 rods, Ti)ance
"'h-ence .Jest 13 rotiz, :' '.
'fence .orth fee - of
begin. in;;,
I:lie 40 t to c _.:ts r
;o;.ir 40 feet to :^.;tri bons
�;c a
record.
1
RECORDED
Oct n 3 23
fIEGISTER OF DEEDS I
"1w 7A Hr l
li,r the.um r,l
11.,1.•.1 till. !�•Tt ,ley i1 - • 44
,1'rcrrrJ onJ Srdled
Sr),•nrJ find SrulrJ nr/rrr+rm r,•1
/ 1
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rt S I
S14:' tJF silt[/i11jY'� -
It i i
t 01 ',IN OI Henderson -
14t21
I ire fsjc•(;oim.Jn,ti rtn),n1 w.l.ai Ll;uul:J�:d b:h,r,nr Ilm ''I1 ..__
P-(ST FEDERAL Si tIINGS K t M ASSN.
a MENDERSONVILLi. N. G.
y_ ... _ I.,unr
1„t,r., ,nrt., _}{enderson K.C.
1A CurnlHh:iHn;hj,na•. 5-24-78. ICJ (,tjty fr.mmissim Expkes May 24, 1978
37A1, . 11
•tiutr tl)in.vt d.ttr 12)111-1 n•nlr,u prr.,,m.l ++Annal,•dRcJ 1prinwn 'ill•iKnawr:at prt.un tuking+l l.nr,w lcdltnu'nt
.i. - -- (rh'rrraurrci'f(•rrrtlicu fc
(--I, /nvrun,,t'r di.ate
REAL ESTAT
�1�ItaNI AN�`'�pr�TUNSFERT * '
Be 3 1. 9 j* `
_ 1Dxatior Lr:.-
NUM not.In.rwlowlnra: ) It ln. I)raflcd by: Alvi:1 ., ,Iellcr`
l,d. tn. �:.1. ul r.1Jcn,o.r., ,n.
M•t,t•t stain of e•u, m.l. pw.nlo. .cl,nowudpmem mu.t snowtn.r.n■ �uan.caatddteas 1.�: r. ��iCi1 "sve -anHili'.�1'10
n rull a md4.1.M^ nwr.nn ,.•nn a, fir Ii
fill. and""a) •n Y, of
so. n•ma n ..r n...
�i wY��/- P1320 YAw U36
.. TRAl7-C, ►\sans.Roar. ��a�LJ ` I1{a•
trtMe.t,lay.wt�.M 7L.Cl.rw �S
ssa\
= (�ItjtsAn#rMC#� made thin 2nd day of January 19 80
} RETR•EEN Robert A. Fullerton, and his wife, Adelina O. Fullerton
�t P.O.Box 552 Of the
City of Evart County of Osceola and State
of Michigan, hereinafter referred to as the"Seller"and
ilA Sam M. Usman
625 Division St.
Bast Lansing, Michigan hereinafter tefermt to as the"Purchaser,"
RYT. E.11,S&TH,That in coris-deration of the mutual covenants to tx performed t-tween the respective parties
hereto as hereinafter expressed and the rum of Thirty-nine Thousand ($39,000.00)---
Dollars to be du:Y paid by the purchaser
to the Seller,as.hereinafter specified,it is agreed between the parties hereto as follows:
The Seller hereby sells and agrees to convey unto the Purchaser all that certain pies, or parcel of land
situated in the City of Lansing County of Ingham
and State of Michigan,and described as follows,to-wit:
I)
2 ill Beginning at a point 41h feet North of the Southeast corner of Lot
No 1, Block 8 Plat of GREEN OAK ADDITION to the City of Lansing.
Ingham County, Michigan, according to the recorded plat thereof,
j� thence West 6 rods, thence North 40 feet, thence East 6- rods, thence
South 40 feet to beginning, Subject to restrictions of record. and
III easements of record. RECORDED
I
2 It
REGISTER OF DEEDS
'�' INCMAN C0UNIT.NIC11.
h;
!
I E Said P.trehaser hereby purchases said premises of the Seller and agrees to pay the ScIler therefor the said
I,I suit.rof Thirty-nine Thousand ($39,000.00)---- Dollars
in manner following: Nine Thousand ($9,000.00)--- Dollars
on delivery of this contract,the receipt whereof is hereby confessed and acknowledged by said Seller,and the
remaining Thirty Thousand ($30,000.00)----- Dollars,
the sum which is secured by this contract, together with interest on the whole sum that shall be from time to
l�l time unpaid at the rate of ten (10%) per cent. per annual, payphle as follows: l
t
$285.00 or more on the lst day of each and every month from and after
�! the date hereof, until the said principal and interest shall be paid !
itin fu11, interest to be figured each (north and deducted from the pay- l
ment, and balance of pa3rment to be applied on the principal.
Iii 'I
vM"mha-t to have the right to fay larger installnrctris than aW%r ray the whole m any
g 1 8 perms eh for.In to port of the balance II
rema•ning unpaid on this contract at any time txfore the utntr,by the terms been,(,toetomes due and lsayattk.
3atr1 Pnr•che—shall promptly la,, he den,oat t,."an.l asaxetnents of every nature,which hal,tx.utne A lien cot said prrmises
,I•er the date hereof.including '
ilk all 1980 taxes.
iIf ,sal shail..iur:ng the rrmtmnanty of ills contract,keep ins•rnA file t,uildings now on.aid premises or which thAR hereafter he phteed
j! thereml ra nhr name r•i Wnl-Sr'ifei Again,(1,,.s by fire and wtnd.tnrm in each c.A,pany m comb antes and im such amount as the Seller
aMil appt.:.'r.Au.f forthwith dep,srt sll r.,licfes of inturinrr with the Filer,will toss,if Any,p.tcahlc to the Seller.N his inhrrat may
•ij apprnr nosier this contract Should the euroi,-er Nil tr•pay any tax m aa.rstnienl when due lie to keep said tmihiings insured•the
i,; S IlIrr mat pAt the sAnle and have the hitihlings insured and the ananmts thus expended shall he a lien ten uid premises and may be
It addr.t b,it" 1W.rier then unpaid herron and l r due at trice And hear mutest until paid at the rase of 10 per cent.per annum.
All twmldmg+,irrea tr other lmpn.aew"Is new on said pte•misrs,of hereafter. mark of pikeed thereon. shall he a part of the
.etunry for the rerformance.d thin cemlraet and may not Ir tertwvtvl therx•frrmt"
Slt,atld drfatih he made by the Ptirchater in any of the provitions her if,the Seller may immediately thereafter declare this
j mntrn't cold am1 Grfritrd awl the said buildings,imprmrntentscid e m all payments made on G ell us contract sh he,ftrfeitrd Io the
-Seller-1 rental ftw Ilw 1— of the 1h•nusrs and a,.stirulmed damages fm failtirr to pr•rfcwm this cinitract An•1 the Salk•may take
mtmrdtare t.wal•uiun of the said{remisn wthv./t rtutioe sad remove the Ptrtchasn and all 1w sons claiming render was the•efratw.
j amt the slier may.with-Wit m,tkv to the Pmchascr,declare all mrmev muraining impoid u:nler this contract frinh�'ith dun anA payable,
m.lwrrhst.mling that the lterir.i heretntwfrrc limited 1nt the payrr•ent of the acid halance may not then have eslxireel,sad the&5_6;
may theretfier enforce his rights under this contraet in law.tr in equity.m may after sanl aceekratwrt take summary{trocetsliap
to lmfnl the illleo"A%4 l'urcharrrs w ntay rnfor'Bald,oairaet in a+Y other meaner now,ar htreafter ttrovided. _
1�
•
LK4320 1137
Yacbmer abaft not somatic.or suffer my other peraora to cornvsit,say waste at damages to sass premises or the appur4wtpea
add sketl keep the said premises and ear improvements is m load corclititKt as they are now.
If the Purchaser ebat is the tine and manner above specified.make all the paliments herein provided for.and had observe and
perforat atl the conditions and agreements basis made.the Seller shall thereupon.by good and sufficient warranty deed.costvey
mid premises to the Purchaser a the conditions hereto agreed upon.and the Seller shall deliver with said deei IJftR
shnwing a marketable title in the sea".provided.nowe've►.
that warranty deed.the abstract and the tax butory stall be limn so as to except acts a negiig, ,of parties other thou the
Seller subsequent to the date of this codtraet.
Possession of said premises may be taken by said Purchaser on date of euntract tad retained for so,imig
as or default is made by said Purchaser.in any of the terms or conditions bred.
The Purchaser covenants and agrees that he witl not assign nor convey his interest.of s aY pan,thereof.in this contract without
having tint obtained the written consent of Seller. Any violation by the Purchaser of this condition sW be considered a default o�
one of the conditions of this contract. .,7T
No assignment or conveyance by Purchaser shall create any liability whatsoever against the Seller until a duplicate thereof dint ;1,-
witnessed and acknowledged,together with the residence address d such As-,,;nee.shall be delivered to the SeUrr.but in the evde� jj•
of assignment,such notice to the Seller or acceptance of same by him ofaccept.ence of payment made by Assignee shall constitute
change of parties and privily of contract and a nwation between the Seller and the Assignee and enable the Seller to maintain au3q
suit or action for payment,specific performance,deficiency or summary proceediuo for possession against the Asigt.ee alone.
The Seller reserves the right to convey his interest in the above described land:red his conveyance thereof.hall not be a cause
for reciaucti.
If muff than one joins in the execution hereof as Seller or Purchaser,or either be of the feminine sex,m a corporation,the r
nouns said relative words hereinused shall be read as if written in plural,feminine a neuter o,ectively,
It is expressly understood and agreed by the parties hereto that time shall be deeme•;as of the very essence of ur this n
and all stipulations and agreements Ferein contained shall apply to and hind the heirs,executors,c:ministsauxa,st,:cessan and assig '
Of the parties hereto.
Title committment previously delivered to purchaser. � .
/n Witness Whereof, the parties hereto have hereunto set their hands and seals the day and year first
above written.
IN PRESENCE OF
- (SEAL)
��Robert A. Ful rton rn
cic t—
II - - -- -----• f LGiA (S6wL� m
I Calvin B. Ta lm V
ice O. Fullerton
--------------- ----------- ' Sam M. Usman
19
Lorraine Edmonds
it
.---(SEAL)
----------------------------------------- o. 0.
w to
Jo a
STATE OF MICHIGAN.
S5. err NIX
COUNTY OP--------00CePlA---------- CY
N co
On this 2nd day of January in the year one thousand nine
hundred IM Eighty before me,the subscriber,a Notary Public in and for said
County,personally appeared
Robert A. Fullerton, and wife, Adeline O. Fullerton
to me known to be the same person s described in and who executed the within instrument, who
have acknowledged the same to be their free act and deed.
` Calvin B. eihelm Notary Public,
`.iy commission expires November 14 19 81 -----------Qsc:.eola-----------County, Michigan.
Wben.P-c p *,A are made on tuts Contmet,attach our Pam Ne.sea to keepinx.Panned d well Wrmeau of hbdpal aaa Ltarr.
When•Packager'.Anieameot d Land Contract ig a.eded.order our Bleak No.50/9.
• If this Contract is I.ba recorded.PRINT.TYPEWRITLr OR STAMP Names d Persodu saecvtute this Nam,
Public Immedistely underneath s,rb siRudaes.
li (� Draft by:
U Calvin B. Talhelm
Q Attorney at Law
Evart, Michigan �
F O
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laa4 ;
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0 �11111
City of LAiVsING
,z../
�7. '. -�•ll � '�I,tt ;u� ,..`a olio _
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L A N 5 1 N G , M I C H I G A N
DEPARTMENT OF PLANNING & MUNICIPAL DEVELOPMENT 487-1250 48933-1669
BUILDING SAFETY DIVISION
WASHINGTON SQUARE ANNEX
119 N.WASHINGTON SQUARE
March 22, 1983
Trans-America Title Insurance Co.
127 E. Washtenaw St.
Lansing, MI. 48933
Gentlemen:
The City of Lansing is preparing legal action against a. vacant and
condemned residential structure. Please research your records for
all legal owners or parties of interest on the following property
and submit to this office.
210 S. Pennsylvania Ave.
N. 40 Ft. of S. 81.5 Ft. Lot 1
& E. 2 R of N. 40 Ft. of S. 81.5 Ft.
Lot 2, Block 8, Grean Oak, Add.
Very truly yours, /f
Steven J. Zelski
Deputy Director
SJZ/mm
City of LANSING
Nhuwrnw •a• s_ R...RpaMnO:
ZE
'j '� .. I N T E ROF F I CE C 0 M M U N I CAT I ON
TO: Paul Creevy, Assessor
FROM: Steven J. Zelski, Deputy Director, Building Safety DATE: March 22, 1983
Pet-
SUBJECT: Request for legal ownership
Legal action is being prepared against a vacant and condemned building.
Please research your records for legal ownership or parties of interest
on the following property, and submit to this office with an updated field
sheet:
210 S. Pennsylvania
3301-15-306-191-7
N. 40 ft. of .S. 81.5 Ft. Lot 1
& E.2 R of N 40 Ft. of S. 81.5 Ft. Lot 2, block 8
Green Oak, Add.
Thank You.
® ::;;Sys — III ■ �, s"„
�" 1•I
I N T E R O F F I C E C O M M U N I C A T I O N
TO: Paul Creevy, Assessor
FROM: Steven J. Zelski, Deputy Director, Building Safety DATE: March 22, 1983
SUBJECT: Request for legal ownership
Legal action is being prepared against a vacant and condemned building.
Please research your records for legal ownership or parties of interest
on the following property, and submit to this office with. an updated field
sheet:
210 S. Pennsylvania
3301-15-306-191-7
N. 40 ft. of S. 81.5 Ft. Lot 1
& E.2 R of N 40 Ft. of S. 81.5 Ft. Lot 2, block 8
Green Oak, Add.
Thank You.
Taxpayer: Sari M Usman
625 Division St
East Lansing, MI 438237,
Ho deed.
:.Y•' x 2 9' III 1.t�.`23+
r�r � t � ....xsxsS llllj�xt4•.y/ i3' � ,{�,? F., .�+ .►�_ .
._I•._�.•.�'�a. �"��,,-,v , *r.�: —�+�w ..x r.�5 ltllr. .t k.y.1, �4�.-,C 3.''���y o f L A N S I N G
L A N S I N G M I C H I G A N
RITA BAUMAN, CITY CLERK
9TH FLOOR,CITY HALL
July 18, 1983
Mr. Russell A. Lawler, Chairman
Board of Police Commissioners
2nd floor - Police Building
Lansing, Michigan 48933
Dear Mr.. Lawler:
Enclosed is a copy of the Advisory Opinion that has been
issued by the Board of Ethics in regard to the case of
Usman vs Pena. This opinion has been reviewed and approved
by the 'Ethics Board.
Sincerely,
Rita M. Bauman
City Clerk
C�ir-t-y-f o f L A N S f N G
L A N S I N G , M I C H 1 G A N
RITA BAUMAN, CITY CLERK
9TH FLOOR,CITY HALL
July 18, 1983
Mr.Laurencio Pena
212 So. Pennsylvania Avenue
Lansing, Michigan 48912
Dear Mr. Pena:
Enclosed is a copy of the Advisory Opinion as has been reviewed
and approved the Board of Ethics. I am also sending a copy of
this to Mayor McKane and the Board of Police Commissioners.
Sincerely,
Rita M. Bauman
City.Clerk
.
L A N S I N G , M I C H i G A N
RITA BAUMAN, CITY CLERK
9TH FLOOR,CITY HALL
July 18, 1983
Mr. Sam Usman
625 Division St.
East Lansing, Michigan 48823
Dear Mr. Usman:
Enclosed is a copy of the Advisory Opinion that has
been reviewed and approved the Lansing Board of Ethics.
Sincerely,
(Miss) Rita M. Bauman
City Clerk
,. ca ett
•£$� ttti
_ � RIM"
L A N S i N G
L A N S I N G , M I C H I G A N
RITA BAUMAN,CITY CLERK
9TH FLOOR,CITY HALL
July 18, 1983
Mayor Terry J. McKane
9th floor - City Hall
Lansing, Michigan 48933
Dear Mayor McKane:
Enclosed is a copy of 'the Advisory Opinion that was reviewed
and approved by the Board of Ethics in the matter of Usman/Pena
Case. I am also. submitting a copy of this to Mr. Usman and Mr.
Pena and the Board of Police Commissioners.
Sincerely,
Rita M. Bauman
City Clerk
J CITY OF LANSING
BOARD OF ETHICS
Proposed Advisory Opinion No. 1
A neighboring property owner has charged that a city officer
"used his official position for personal gains or influence . " The
neighbor. charges that -the officer boasted "that it is he who con-
demned the (neighbor.' s] building" ; that "This man has vowed to
use all his influence to harm me in every possible way" ; and
that the city officer told him.-.that he had "pulled all the strings
at City. Hall. to make sure that the building does not return to
normal condition. " The matter was referred to the Board of Ethics
by the mayor for "a thorough investigation of the allegations." A
Lansing Police Department detective was assigned to the committee
to assist in its inquiry. The complainant and his witness were
interviewed by the investigator. Records of the building department
were scrutinized, and selected individuals familiar with the situation
were interviewed by the City Attorney' s office. The city officer
was interviewed by the Board. Complainant failed to respond to two
invitations to be interviewed by the Board of Ethics.
At a special. meeting of the Board of Ethics, held on June 20 ,
1983, it found as follows:
1. The Board of* Ethics is established by the City Charter
and is empowered by that document to render advisory
opinions to any person with respect to the meaning and
application of those provisions of the Charter and other
laws establishing standards of conduct for officers and
employees of the City of Lansing.
2 . Chapter 2 , Section •2-130 of the City code of ordinances
provides that upon receipt of a written complaint from any
person alleging a violation of the city ordinance pro-
hibiting conflicts of interest, the Board of Ethics shall
investigate to determine whether probable cause exists
to believe a violation occurred.
3. Chapter 2 , Section 2-131 (I) of the City code of ordinances
provides that an officer or employee shall not act on
behalf of the City. of Lansing in the making of policy
statements , in authorizing any action, agreement or
contract nor in promising to prevent any future action,
when such officer or employee has, in fact, no authority
to do -so.
4. There was evidence presented to the Board that complainant' s
building had been occupied contrary to occupancy and zoning..
regulations prior to being condemned as unsuitable for
human habitation by the building department.
5 . There was ample record of building department attention
prior to any involvement by the city officer as a private
citizen and neighboring property owner.
6. There. was no evidence of any awareness by the building
department that respondent was a city officer.
7. There was ample evidence of bad blood between the individuals?
including multiple lawsuits involving the subject property.
8. There was no evidence that the city officer has acted other than
a private citizen and neighboring property owner with respect to
his confacts with other city departments over the disputed property
situation.
9. There is some doubt that any statements were made as alleged.
10. There is no probable cause to believe a violation of the ordinances
prohibiting certain conflicts of interest has occurred.
Dated: July 15, 1983 CITY OF LANSING BOARD OF ETHICS;
JOH F. MERTZ, Fliirman
ON COOK, Vice-Chairman
MARGAR T GROVES - Member
RITA BAUMAN Member
STEWtN S,&'WYER, Member