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HomeMy WebLinkAboutBrownSusan Affidavit Disclosure 2004 CITY OF LANSING AFFIDAVIT OF DISCLOSURE U , ' PAT`04T: TO: CITY CLERK, CITY ATTORNEY, or BOARD OF ETHI '1 a I , lkk mot_ �k� make the following disclosure under oath: (Name) PLEASE CHECK THE APPROPRIATE,-BOX OR FILL IN THE BLANKS FOR EACH OF THE FOLLOWING ITEMS Yes No 1. o I am an ❑ elected or❑ appointed ❑ officer orVemployee of the City of Lansing holding the position of in the 1 G hs;K l M e- department ❑ ❑ 1 am an immediate family member related to an elected or appointed officer or employee of the City of Lansing named , holding the.position of in the department. ❑ ❑ I am a Business Associate of an elected or appointed officer or employee of the City of Lansing named Holding the position of in the Department. 2. ❑ ❑ I may derive income or benefit directly from a contract with the City or from any City action detailed below. (Charter 5-505.1) ❑ ❑ I may have a conflict between a personal interest and the public interest, the nature of which is disclosed below (Charter 5-505.2) [Chapter #290.04(I) of-the Code of Ordinances] ❑ ❑ I may have a financial interest in a matter proposed to be acted upon by the City of Lansing as described below[Chapter 290.04(I) of the Code of Ordinances] ❑ I make this disclosure because of a possible appearance that I may be in violation of or in conflict with the City of Lansing Ethics Ordinance as provided for in the Code or Ordinances and in the City Charter 3. This position is: Full time ❑ Part time (less than 25 hours/wk) ❑ Unpaid 4. My Address is: WOJ 7�/� fylcc S - IBC„yea gl�� S1��i� Luna:"!y it.w r (_cf'ir�c�� ,r), f�r q f50C CONTINUED ON PAGE 2 y ` City of Lansing - Board of Ethics September 15, 2004 Susan Brown, Sergeant Lansing Police Department 120 W. Michigan Ave. Lansing MI 48933 Dear Ms. Brown: At their regular meeting held on Tuesday, September 14, 2004, the Board of Ethics took up the affidavit of disclosure you filed. The Ethics Board has asked me to convey their decision to you. It is as follows: "To receive and place on file the Affidavit of Disclosure filed by Susan Brown, Sergeant in the Lansing Police Department with no further board action required or contemplated. Further to express to Ms. Brown the Board's appreciation for her pre-emptive action in bringing this matter to their attention." Sincerely, 66 VuL) Debbie Miner Lansing City Clerk (517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 48933-1695 MINUTES: BOARD OF ETHICS4�EETIAfG SEPTEMBER 14, 2004,pg. 5 information in the affidavit and Mr. Roberts review�.j% fee s there is a conflict of interest based on indirect involvement in the purchasing decision and a direct benefit based on his p g checYhe #2 box on the affidavit of disclosure. Member Frybort said that it seems to him that what Mr. Simon is doing is not the Board's concern at this point. The Board would address this concern after he puts a bid in and address it with the people who are making the selection of a vendor. The Board would address this in the selection process not in the bidding process. Attorney Roberts said this is the proper time for him to make the disclosure. He quoted from 5-505.1 of the City Charter that requires "at least ten days prior to the first of any of the events set forth in a, b, c, d and e below, a City Officer or employee who may derive any income or benefit, directly or indirectly, from a contract with the City or from any City action, shall file an affidavit with the City Clerk detailing such income and benefit to be derived:" Member Frybort suggested that the Board respond by saying that they do not deny him being part of the list, but caution him that making such a bid may result in denial. Attorney Roberts urged Board members to look to the ordinance to see what prohibited acts are and determine which sections Mr. Simon would fall into. Member Amen Hetep stated that Mr. Simon benefits from information that others do not have. This is a conflict. Chairman Nole said there is a similarity between this situation and the one involving the LPD Officer whose wife owned Patches Plus. She did business with the City by putting LPD patches on police uniforms. There is also the man from the BW&L that made equipment that the Board might bid on because he is the only person who made that particular equipment. Member Frybort said that from his perspective Mr. Simon claims that he does not know the people involved. Other bidders might know these people better than he does. Also, this is completely irrelevant to the job he does at the Board. Member Amen Hetep asked how you would be able to know the value of a potential profit from the BW&L, if you were not a BW&L employee. Vice Chair Sullivan said the question is, what is the BW&L's process for selecting bids. Attorney Roberts said that another approach is that it is outside of the Ethics Ordinance and Charter provisions, but looking at State of Michigan Statutes that the Board has looked at previously that says a public servant shall not be a party, directly or indirectly to any 5 MINUTES:BOARD OF ETHICS MEETING SEPTEMBER 14, 2004,pg. 3 related to records. Member Frybort asked Lt. Person if not attending the conference would put him at a technical disadvantage. Lt. Person said yes, for two reasons; LPD would not know what is coming in the future and also would not be able to collaborate with other Michigan Cities and County Sheriff's Departments that will be in attendance and meet with developers to discuss problems and concerns that they have for future upgrades to the program. Member Frybort asked Lt. Person if there is an opportunity to compare what is purchased from them and select another bidder in the future. Lt. Person said that they went through a 9 month RFP process to select this communications equipment. You usually stick with the company you have chosen because the equipment is hugely expensive. Member Folkers asked Lt. Person if there are other sources for similar equipment that set up tables or booths at the conference that attendees may peruse to view their equipment. Lt. Persons said that there is a reception on Sunday and vendors demonstrate their products then, but after that the vendor booths are torn down and attendees are going to classes. Member Amen Hetep asked Lt. Person if he is the Department expert on this system. Lt. Person answered in the affirmative, saying that they used to have a staff of 4 that were expert in it's use, but he is the only one left. Member Amen Hetep asked if there is an opportunity to become an expert for Motorola on this system. Lt. Person said that he supposed the opportunity exists. Most of their reps are retired. Member Folkers asked if this equipment is absolutely vital to LPD operations. Lt. Persons responded affirmatively, saying that it is how they take 911 calls that go into the CAD system and send officers to respond. It simultaneously goes into the lap top in the police car that the responding officer is driving and from there it gets pulled into the Que which is their records management system. When an arrest is made it goes into the records management system for the Jail. All three systems talk to each other. Member Folkers reiterated his understanding that getting another bid or switching to another company would be a major cost to LPD, correct? Lt. Person said it would cost millions of dollars. Attorney Roberts added that the City Attorney also gets copies of reports that go into the Que. Member Frybort asked what other products this company offers for technical assistance and why is their attendance at this conference critical. Lt. Person said their attendance is critical because they do updates sometimes without notice. Information is provided at these seminars about annual updates and LPD must then train their employees to adjust to the changes that upgrades effect. Also, all police agencies use the same system and have all of their choices presented at the seminars. This is critical to the future planning of countrywide systems. 3 MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING SEPTEMBER 14, 2004 - 5:30 P.M. TENTH FLOOR COUNCIL CONFERENCE ROOM, LANSING CITY HALL The meeting was called to order at 5:30 P.M. in the Tenth Floor Council Conference Room, City Hall, Lansing, Michigan. BOARD MEMBERS PRESENT: Bob Nole, Chairperson Ellen Sullivan, Ph.D, Vice-Chairperson Jason Amen Hetep Mary Claiborne Ronald Frybort Rev. John Folkers Rev. LaSandra Jones 4r ABSENT: David Merchant A QUORUM WAS PRESENT Yes OTHERS PRESENT: Jack Roberts, Chief Deputy City Attorney Debbie Miner, City Clerk M. Denise Griffin, Deputy City Clerk PUBLIC COMMENT: There was no public comment. APPROVAL OF AGENDA: Motion by Member Amen Hetep to approve the agenda as submitted MOTION CARRIED 7/0 SECRETARY'S REPORT: Approval of Minutes: Motion by Vice Chair Sullivan to correct the minutes of the July 13, 2004 Meeting by the deletion of the reference to LeDuc University, and to insert Professor LeDuc, of Cooley Law School. And to credit Member Frybort with the idea for educational sessions for Board Members, and to approve the July 13 minutes as corrected. MOTION CARRIED 7/0 Communications and Petitions sent and received since the last meeting: 1. Letter to City of Lansing Personnel Director Nancy Cunningham advising her of the 1 employees. .G The Board,wheo it deems it appropriate, may request the City Attorneys Office'for assistance in compelling the production of documents and witnesses to assist the Board in the conduet"of any investigation. .7 Within one year from tlhc effective date of Phis section the City shall provide tur ethics manual for the use of all City officers and employees. Such manual shall first be approved by the Board of Ethics before distribution. Each City officer and employee shall acknowledge receipt of said manual. .8 Proceedings before the Board are sub jeet to the applicable state law regarding the conduct of public meetings. Records of the Board shall be filed with the City Clerk and arc available for public review as required by state law. 5-504 PROTECTION OF PUBLIC INTEREST .l The City shall adopt,by ordinance, such standards for the conduct of public affairs as may be deemed necessary to protect the public, including the ordinances referred to in this section. . .2 The'City shall adopt,by ordinance,no later than one year lifter the effective date of this section, restrictions similar to those enacted by.the State of Michigan by statute,.prescribing standards of conduct for City officers and employees. T.o the extent per-initted.by law,the ordinance shall generally include,but not be limited to,prohibiting the use of City office or employment for the private benefit of any person;prohibiting the divulging of confidential information in advance of the time prescribed for its authorized release to the public;prolribitiug the use of City personnel resources for private gain; prohibiting the profit from an official position and acceptance of things of value by City officers or employees;requiring the financial disclosure by City officers and employees;and requiring lobbyist disclosure for all City officers and employees. .3 Any violations of ordinances dealing with matters in this section shall be punishable to fhc maximum extent permitted by law and may be made punishable by forfeiture of office or position. 5-505 CONFLICT OF INTEREST .1 At least ten(10)days prior to the first of any of the events set forth in(A),(B), (C),(D),and (E) below,a City officer or employee who may derive any income or benefit,directly or indirectly,from a contract with the City or from any City action,shall file an affidavit with the City Clerk delaililrg such income and benefit to be derived; AFFIDAVIT of DISCLOSURE for DARIN J. SOUTI-JWORTI1, Lansing Police Department BACKGROUND A recent review of an arrangement that I have had as a private training provider with the Lansing Police Department (LPD)has resulted in a resubmission of my supplemental employment requests, d]sclosLll•es of conflicts fllid r-at]ormftic fo]•the alm'aiigeinelmt. 1 have been a city einployee for 15-1- years and a Subject Control Trainer for 12-kyears. In 2005 I began teaching PPCT Ground Avoidance Ground Escape Instructor Course (GAGE), one of several subject control disciplines that I am qualified to teach, at LPD facilities utilizing LPD equipment as a private vendor. I have taught this 24 hour new instructor/l 6 hour re-certification course every February since 2008, at LPD. I have gone to great lengths to legitimize my means and remain in good standing with lily Department and the City. I am a part tiliie trainer vvith LPD. These responsibilities are handled in addition to the duties of the assignment I am principally assigned, such as road patrol supervision. I began teaching the GAGE class tlu-ough my side business after two years of my peer sergeants complaining about the volume of training time I had. My Lieutenants called this to my attention as it was difficult to cover the schedule and accornnodate leave day requests with only three sergeants due to the volume of training days I had. In an effort to alleviate a few extra days.of training I took the steps Necessary to get LPD persommel the-training they needed while teaching them and other trainers on my own time through DJS. The following are the steps that tool.,place before teaching GAGE at LPD as a private consultant and rationale for same: I have been teaching as a private consultant since January or2002, which was a contract passed on to me by an LPD Administrator and mentor to me. I established a Limited Liability Corporation,DJS Tactics &Associates,LLC (DJS), in 2005. I have completed supplemental. employment paper work tlmree times and had it approved three times in six years. The only instructor training courses that I have taught at LPD as an employee or private consultant are PPCT courses. This is because of PPCT's outstanding reputation for safety, quality and Legal,Medical and Tactical research which dimninishes liability. PPCT Instructor Trainers are on contract with PPCT to teach two courses per year per. discipline. Y PPCT requires a Pre-Program Statement of Well Being (Waiver) form be signed by all participants. DJS also has a waiver of liability form protecting DJS and host agency. In 2005 (tile first time teaching at LPD as a private vendor) I was granted permission, from the LPD Administration to use LPD facilities and equipment to train as a hosted vendor. o This arrangement was for situations where an LPD enmployee(s) was selected for and approved to attend such a course: If LPD is not in need of this training on any given year then there would be no need for LPD to host DJS for a PPCT course. o 1 was also advised to inake sure I was not "on duty"while teaching as a private consultant. This advice was a courteous reminder but was ]lot necessary as I would never put myself or LPD in that position. 1 striking pads and floor inats. These are difficult and ofteln nnpractical for a trailing provider to tote which is among reasons why trainlino providers extend discounts to host agencies. i LPD trainers have maintained LPD equipment very well on the occasions it has been lased for any class taught by DJS. DJS will facilitate the repair or replacement of' damaged or lost LPD equipment during classes I teach. I have a training site of my own, the necessary equipment and other resources to hold classes. I have not used LPD facilities or equipment in a cunning or clandestine manner to get ahead financially. 1 I feel that what I do as a private trainer operating at LPD, on the few occasions it has occurred, is analogous to the practices of those that,teach at higher education institutions. I ann aware of instances where class tours have been given at the precincts or administration building, where City conference rooms have been utilized for viewing videos, lecturing or administering tests. I anti also aware of students being referred to LPD personnel to be interviewed for class projects. These.LPD.employees have utilized the listed resources while being paid by the higher education institution. This is for the purpose of education and professional development. What I have been doing and wish to continue is no different except that DJS taught classes would,not-be held-at LPD if someone from LPD was not intended to have direct benefit. This annngement has previously been considered from the position of an approved hosted training provider. While training as DJS, I have always been off duty serving the professional .development needs of many lam, enforcement and security officers,including LPD persorel. This practice has been done for 4 years completely out in the open with no intent to cheat or otherwise scam the City. OPTIONS I have presented the following four options with consideration of GAGE Instructor Training at LPD. I am hoping for a swift decision so annual training plans and scheduling for 2009 can continence by October 1, 2008. 1. Discontinue teaching of GAGE and/or other PPCT disciplines for all LPD. 2. Select a non LPD,outside GAGE Instructor Trainer to train our personnel. 3. Allow LPD Trainers to attend training that DJS is teaching at mine or any other site at a negotiable rate which will exceed the cost of manuals. 4. Approve the arrangement that has existed since February 2005 which has been outlined and argued above. Respectfully Submitted, Darin J. S(�ztliwortr 3 CITY OF LANSING - BOARD OF ETHICS REGULAR MEETING FEBRUARY 10, 2004 - 10T" FLOOR COMMITTEE ROOM, CITY HALL REVISED AGENDA CALL TO ORDER: 5:30 P.M. The Chair presiding ROLL CALL: ❑ Robert Nole, Chair ❑ Ron Frybort, Member ❑ Jason Amen Hetep, Member ❑ Rev. LaSandra Jones, Member ❑ Mary Claiborne, Member ❑ David A. Merchant II, Member ❑ Rev. John Folkers ❑ Ellen Sullivan, PhD, Vice Chair A Quorum is: ❑ Present ❑ Not Present ❑ Others Present: PUBLIC COMMENT: (TIME LIMIT OF 5 MINUTES PER SPEAKER) APPROVAL OF AGENDA: ❑ As Submitted ❑ With Changes Noted SECRETARY'S REPORT: ❑ Approval of Minutes: Minutes of January 13, 2004 ❑ Communications received and sent since last meeting: 1. Letter to Daniel J. Flynn Principal Consultant in the Project Engineering Department of the Board of Water & Light informing him of the disposition of the Affidavit of Disclosure he filed. 2. Letter to Mary Sova, Corporate Secretary at the Board of Water&Light submitting a copy of the letter to Mr. Flynn advising of the disposition of his affidavit of disclosure. 3. Letter to Brian J. Davis of the City of Lansing Fire Department informing him of the Finding of a Conflict of Interest with regard to the Affidavit of Disclosure he filed. 4. Letterto Steve Bolenbaugh, Fire Marshal submitting a copy of the letter to Mr. Davis advising of the finding of a Conflict of Interest with regard to the Affidavit of Disclosure he filed. 5. Affidavit of Disclosure filed by Eric Tumbarella, Manager in the Management Services Department of the City of Lansing CITY ATTORNEY'S REPORT: CHAIR'S REPORT: TABLED: OLD BUSINESS: 1. Ethics Board Opinion # 33, Response to Complaint#2003-2a and 2b 2. Revised Meeting Schedule for 2004 3. Revised Membership Roster NEW BUSINESS: 1. Viewing of the Ethics Training Video 2. Affidavit of Disclosure filed by John Klein Construction Rehab Specialist in the Code Compliance Office of the Planning and Neighborhood Development Department BOARD ROUND TABLE ADJOURNMENT CITY OF LANSING - BOARD OF ETHICS REGULAR MEETING FEBRUARY 10, 2004 - 10T" FLOOR COMMITTEE ROOM, CITY HALL REVISED AGENDA CALL TO ORDER: 5:30 P.M. The Chair presiding ROLL CALL: ❑ Robert Nole, Chair ❑ Ron Frybort, Member ❑ Jason Amen Hetep, Member ❑ Rev. LaSandra Jones, Member ❑ Mary Claiborne, Member ❑ David A. Merchant II, Member ❑ Rev. John Folkers 0 Ellen Sullivan, PhD, Vice Chair A Quorum is: ❑ Present ❑ Not Present ❑ Others Present: PUBLIC COMMENT: (TIME LIMIT OF 5 MINUTES PER SPEAKER) APPROVAL OF.AGENDA: ❑ As Submitted ❑With Changes Noted e SECRETARY'S REPORT: ` � �' " ❑ Approval of Minutes: Minutes of January 13, 2004 r ❑ Communications received and sent since last meeting: �� r 1. Letter to Daniel J. Flynn Principal Consultant in the Project Engineering D'epartrnent of tfe Board of Water & Light informing him of the disposition of the Affidavit of Disclosure he filed. 2. Letter to Mary Sova, Corporate Secretary at the Board of Water& Light submitting a copy of the letter to Mr. Flynn advising of the disposition of his affidavit of disclosure. 3. Letter to Brian J. Davis of the City of Lansing Fire Department informing him of the Finding of a Conflict of Interest with regard to the Affidavit of Disclosure he filed. 4. Letterto Steve Bolenbaugh, Fire Marshal submitting a copy of the letter to Mr. Davis advising of the finding of a Conflict of Interest with regard to the Affidavit of Disclosure he filed. 5. Affidavit of Disclosure filed by Eric Tumbarella, Manager in the Management Services Department of the City of Lansing CITY ATTORNEY'S REPORT: CHAIR'S REPORT: TABLED: OLD BUSINESS: 1. Ethics Board Opinion # 33, Response to Complaint#2003-2a and 2b 2. Revised Meeting Schedule for 2004 3. Revised Membership Roster NEW BUSINESS: 1. Viewing of the Ethics Training Video 2. Affidavit of Disclosure filed by John Klein Construction Rehab Specialist in the Code Compliance Office of the Planning and Neighborhood Development Department BOARD ROUND TABLE ADJOURNMENT CITY OF LANSING - BOARD OF ETHICS REGULAR MEETING FEBRUARY 10, 2004 - 10T" FLOOR COMMITTEE ROOM, CITY HALL REVISED AGENDA CALL TO ORDER: 5:30 P.M. The Chair presiding ROLL CALL: ❑ Robert Nole, Chair ❑ Ron Frybort, Member ❑ Jason Amen Hetep, Member ❑ Rev. LaSandra Jones, Member ❑ Mary Claiborne, Member ❑ David A. Merchant II, Member ❑ Rev. John Folkers O Ellen Sullivan, PhD, Vice Chair A Quorum is: ❑ Present ❑ Not Present ❑ Others Present: PUBLIC COMMENT: (TIME LIMIT OF 5 MINUTES PER SPEAKER) APPROVAL OF AGENDA: ❑ As Submitted ❑ With Changes Noted SECRETARY'S REPORT: ❑ Approval of Minutes: Minutes of January 13, 2004 ❑ Communications received and sent since last meeting: 1. Letter to Daniel J. Flynn Principal Consultant in the Project Engineering Department of the Board of Water & Light informing him of the disposition of the Affidavit of Disclosure he filed. 2. Letter to Mary Sova, Corporate Secretary at the Board of Water& Light submitting a copy of the letter to Mr. Flynn advising of the disposition of his affidavit of disclosure. 3. Letter to Brian J. Davis of the City of Lansing Fire Department informing him of the Finding of a Conflict of Interest with regard to the Affidavit of Disclosure he filed. 4. Letter to Steve Bolenbaugh, Fire Marshal submitting a copy of the letter to Mr. Davis advising of the finding of a Conflict of Interest with regard to the Affidavit of Disclosure he filed. 5. Affidavit of Disclosure filed by Eric Tumbarella, Manager in the Management Services Department of the City of Lansing CITY ATTORNEY'S REPORT: CHAIR'S REPORT: TABLED: OLD BUSINESS: 1. Ethics Board Opinion # 33, Response to Complaint#2003-2a and 2b 2. Revised Meeting Schedule for 2004 3. Revised Membership Roster NEW BUSINESS: 1. Viewing of the Ethics Training Video 2. Affidavit of Disclosure filed by John Klein Construction Rehab Specialist in the Code Compliance Office of the Planning and Neighborhood Development Department BOARD ROUND TABLE ADJOURNMENT CITY OF LANSING - BOARD OF ETHICS REGULAR MEETING FEBRUARY 10, 2004 - 10T" FLOOR COMMITTEE ROOM, CITY HALL REVISED AGENDA CALL TO ORDER: 5:30 P.M. The Chair presiding ROLL CALL: ❑ Robert Nole, Chair ❑ Ron Frybort, Member ❑ Jason Amen Hetep, Member ❑ Rev. LaSandra Jones, Member ❑ Mary Claiborne, Member ❑ David A. Merchant II, Member ❑ Rev. John Folkers 0 Ellen Sullivan, PhD, Vice Chair A Quorum is: ❑ Present ❑ Not Present ❑ Others'Present: PUBLIC COMMENT: (TIME LIMIT OF 5 MINUTES PER SPEAKER) APPROVAL OF AGENDA: ❑ As Submitted❑ With Changes Noted SECRETARY'S REPORT: ❑ Approval of Minutes: Minutes of January 13, 2004 , ❑ Communications received and sent since last meeting: 1. Letter to Daniel J. Flynn Principal Consultant in the Project Engineering Department of the Board of Water & Light informing him of the disposition of the Affidavit of Disclosure he filed. 2. Letter to Mary Sova, Corporate Secretary at the Board of Water& Light submitting a copy of the letter to Mr. Flynn advising of the disposition of his affidavit of disclosure. 3. Letter to Brian J. Davis of the City of Lansing Fire Department informing him of the Finding of a Conflict of Interest with regard to the Affidavit of Disclosure he filed. 4. Letter to Steve Bolenbaugh, Fire Marshal submitting a copy of the letter to Mr. Davis advising of the finding of a Conflict of Interest with regard to the Affidavit of Disclosure he filed. 5. Affidavit of Disclosure filed by Eric Tumbarella, Manager in the Management Services Department of the City of Lansing CITY ATTORNEY'S REPORT: CHAIR'S REPORT TABLED: OLD BUSINESS: 1. Ethics Board Opinion # 33, Response to Complaint#2003-2a and 2b 2. Revised Meeting Schedule for 2004 3. Revised Membership Roster NEW BUSINESS: 1. Viewing of the Ethics Training Video 2. Affidavit of Disclosure filed by John Klein Construction Rehab Specialist in the Code Compliance Office of the Planning and Neighborhood Development Department BOARD ROUND TABLE ADJOURNMENT