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HomeMy WebLinkAboutButlerBrinton Affidavit Disclosure 1984 AFFIDAVIT OF DISCLOSURE Pursuant to the require:^ents of subsection 5-505. 1 of the Lansing City Charter, I, };vn? Z /r,ITo`R [full name] being an officer/employee of the City of Lansing, Michigan, hereby disclose that: I intend to have business dealings with the City of Lansing, either directly or indirectly. /% I may derive income and/or benefit, directly or in- directly, in addition to my official remuneration as a result of City Council action or a contract with the City. The details of the above indicated business dealings, income, benefit and/or contract are as follows : use back if necessary] -i i Address : Zi Z City of Lansing - Board of Ethics November 7, 2002 Helen Buse, Assistant Chief of Police Lansing Police Department 124 W. Michigan Ave. Lansing MI 48933 Dear Chief Buse: Please be advised that at their regular meeting held on October 8, 2002, the Board of Ethics unanimously adopted the following motion: "the Board has received the Affidavit of Disclosure filed by Assistant Chief Buse and placed it on file. The Board finds no violation of the Ethics Ordinance in the activities described, especially considering the measures that Assistant Chief Buse has already taken and will take in the future, to ensure that no conflict or appearance of conflict of interest occurs." The Board has asked that I notify you of their actions. If you have any questions, please feel free to contact me at 483-4130. Sincerely, Debbie Miner Acting City Clerk (517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 48933-1695 vPN S 1,� Cityqf��anszng err HIGP Office of the City Atforne'y James D.Smiertka Jack C.Jordan"" City Attorney -Chief Deputy City Attorney John M. Roberts,Jr. Billie J.O'Berry Deputy City Attorney Assistant City Attorney Brian W. Bevez October 14, 2002 Margaret E.Vroman Assistant City Attorney Assistant City Attorney Mr. Richard Peffley 6414 Delta River Drive Lansing, MI 48906 = RE: City of Lansing Affidavit of Disclosure Dear Mr. Peffley: I am writing you in regards to your September 2, 2002 Affidavit of Disclosure filed with the Lansing City Clerk. Consistent with the procedure involving all such disclosures, it has been referred to the Lansing Ethics Board for review and consideration. As part of my City Attorney responsibilities, I am assigned to staff the Ethics Board. To complete my review of your affidavit activities, the Ethics Board asked me to request additional information from you regarding your activities with the Board of Water and Light. Specifically,please describe all your BWL job duties, obligations and activities relating directly or indirectly to the vendors, including contracting with them and/or their selection, use and evaluation of the goods or services. I look forward to receipt of this additional information needed to supplement your Affidavit of Disclosure. If you have any questions, please contact me.. Thank you. Very truly yours, 9"Pcff" John M. Roberts Jr. Deputy City Attorney JMR/sp cc: Lansing Ethics Board c/o Lansing City Clerk "We're Making It5fappen" 5th Floor, gt�Halal•Lansing, Michigan 48933 • (517)483-4320• FAX(517)483-4081 F:\SHARED\GtyDept\Ethics Mpetiley a If P Cn YA=@CI.LANSING.MI.US LOCAL NO. 421 A Lansing Fire Fighters A I`© F 419 S. Washington, Suite 305 I QT Lansing, MI 48933-2124 C` Office: (517) 371-1160 • Fax: (517) 371-2125 ^'"::•°"""^ , Tom Cochran Ron Finley Bryan Epling President Vice President Secretary-Treasurer Tuesday, October 22, 2002 To whom it may concern; This letter is to inform you that Captain John Baker has made a decision to resign his membership of the International Association of Fire Fighters, AFL-CIO. Local 421, Lansing-Michigan. Mr. Baker has made this decision.of his own free will for personnel reasons. Under the current Collective Bargaining Agreement between the Lansing Fire Fighters, Local 421 and the City of Lansing under Article 4 Section 1. He will be required to pay a Collective Bargaining Service Fee. This fee will remain the same as the current dues that he now pays. The Union agrees to indemnify and save the City harmless against any and all claims, suits or other forms of liability arising out of its deductions from Mr. Bakers pay. I wish to thank you for your concern in this matter, and if you have any further questions please contact me. Thank you, Sincerely Tom Cochran President Lansing Fire Fighters I.A.F.F. AFL-CIO Local 421 MEMBER OF: MICHIGAN FIRE FIGHTERS UNION•MICHIGAN AFL-CIO•GREATER LANSING LABOR COUNCIL Looping Class regional Fire Authority L.G.R.F.A. F E M R S E RESCUE P.O. Box 64 Eagle, MI 48822 Phone: 517-626-2175 Fax: 517-626-6405 City of Lansing Ethics Board 10/10/02 5t' Floor, City Hall Lansing, MI 48933 To whom it may concern, Mr. Baker has indicated to me that your board has requested the following information. I hope this will answer any questions you may have. The first item to be addressed is Mr. Bakers'job assignment prior to hiring a Deputy Fire Chief. At the current time his tasks will involve the following: • Assist the Looking Glass Regional Fire Authority (LGRFA) Building Committee in the design of a new fire station. • Plan for purchasing of fire equipment, furniture, and all other items to proceed in the completion of the fire station. • Assist the LGRFA Policy and Personnel Committee in creating a Policy and Procedure Book for fire department employees. • Assist the LGRFA Equipment Committee in the purchase of fire apparatus, hose, and all other equipment required making apparatus compliant. • Obtain purchase bids for firefighter protective gear as well as work uniforms. • Obtain bids for firefighter pre-employment physicals. • Reviewing current fire billing as received from departments that currently provide protection for the LGRFA area at the current time. • Attend all of the following committee meetings: Fire Authority, Policy and Personnel, Equipment and Building Committee. • Assist authority in hiring Deputy Chief, Captains, Firefighter/Paramedics and Firefighters. • Assist both Watertown and Eagle Townships in planing for future fire protection needs. The other portion of this letter will address the hiring of a Deputy Chief for the LGRFA and what his/he duties will involve.We expect to start the advertising process in March or April of 2003 and hire shortly there after. In the absence of Mr. Baker the D.C. will be expected to carry out all of the day to day and administrative duties. i, In the absence of both the Deputy Chief and Mr. Baker a Captain will assume the day to day operations of the department. With the hiring of a Deputy Chief we would expect Mr. Baker to share his workload, which should clear up any question of his ability to complete his time with the City of Lansing Fire Department. If you have any further questions on any of the above items please feel free to contact me. 4ser Chairman, LGRFA WATER&LIGHT HOMETOWN PEOPLE. HOMETOWN POWER. 1232 Haco Drive P.O. Box 13007 Lansing,MI 48901-3007 517.702.6000 www.lbwl.com October 28, 2002 John M. Roberts Jr. Deputy City Attorney City of Lansing 5th Floor, City Hall 124 W. Michigan Avenue Lansing, MI 48933 Re: City of Lansing Affidavit of Disclosure ' Dear Mr. Roberts: I am writing you in regards to your October 14, 2002 letter requesting additional information concerning the Affidavit of Disclosure I filed with the Lansing City Clerk. Attached is a copy of my complete job description with the Board of Water and Light (BWL). My job duties at the BWL do not require me to deal directly with vendors, including contracting wifli them and/or their selection, use and evaluation of the goods or services that are listed on the Affidavit of Disclosure. I am a voting member of a council that approves or rejects recammendatib sTrom'staff for BWL capital projects. Some of the vendors could be subcontractors`on these projects. Please note the statement made in Paragraph 2 regarding vendors also applies to my job duties as managing partner of Whispering Pine Apartments LLC. Whispering Pine Apartments is the management company responsible for the management of all the companies listed on my Affidavit of Disclosure. If you have any.questions, please contact me at 702-6312. Thank you. Sincerely, Richard R. Peffley ' 1DirectorofProduction, Board cif Wd6 and-Light Attachment (h.\adiilsharedVTzpa$idavitofdisclosure.doe) J`• '� '. Printed on recycled paperp,� Job Code: 9013 Title: Director, Production Skill Family: Directors Grade: 4 JOB SUMMARY: Responsible for the administrative control of the electric production division for the company. Coordinate proper functioning of departments in conformance with established programs and objectives. Develop short and long-term plans and programs for the company regarding electric production. PRINCIPAL JOB DUTIES: Organize, direct, plan and administer the functions of the Electric, Steam, Water, and Chilled Water Production Division. Interpret, implement and coordinate major goals, programs and activities toward the accomplishment of company objectives. Develop, recommend and implement divisional operating policy. Develop short term and long range plans and programs together with supporting budget requests and financial estimates. Confer, communicate and/or represent the company in contacts with other utilities. Establish and maintain divisional procedures for reliable operation; revise or update procedures to meet changing conditions. Develop and maintain an effective organization with respect to personnel standards of performance and other related matters. Keep abreast of new developments and technology. Prepare and maintain reports reflecting divisional operation or write special reports as required. Supports all company initiatives. THE ABOVE STATEMENTS GENERALLY DESCRIBE THE PRINCIPAL AND ESSENTIAL FUNCTIONS OF THE JOB BUT SHOULD NOT BE CONSTRUED AS A DETAILED DESCRIPTION OF ALL ESSENTIAL FUNCTIONS THAT MAY BE INHERENT IN THE JOB. CITY OF LANSING - BOARD OF ETHICS REGULAR MEETING NOVEMBER 12, 2002 - 10T" FLOOR COMMITTEE ROOM, CITY HALL AGENDA CALL TO ORDER: 5:30 P.M. The Chair presiding ROLL CALL: O,i Calvin Anderson, PhD, Chair N C Robert Nole, Vice Chair 0, Jason Amen Hetep, Member_ d Ellen Sullivan, Member C� Ronald Frybort, Member A Quorum is: ❑ Present ❑ Not Present ElOthers Present: '` -✓ (,;,,.z� •wLv PUBLIC COMMENT: (TIME LIMIT OF 5 MINUTES PER SPEAKER) APPROVAL OF AGENDA: ❑As Submitted'J.With Changes Noted SECRETARY'S REPORT: ❑Approval of Minutes: Minutes of October 8, 2002 ❑Communications received and sent since last meeting: �. Opinion#30; Response to a request by Kellie Willson of the Board of Water& Light V2. Letter to Assistant Chief of Police Helen Buse regarding the Affidavit of Disclosure she filed Letter from Deputy City Attorney Roberts to Mr. Richard Peffley requesting additional information regarding his Affidavit of Disclosure /4. Letter from Lansing Fire Fighters Local No.421 providing notice of the resignation of Captain John Baker of the LFD from the International Association of Fire Fighters ✓5. Letterfrom the Looking Glass Regional Fire Authority providing information requested by the Board regarding Capt. Baker's Position with them 6. Letter from Richard R. Peffley,Director of Production for the Board of Water and Light responding to a request for information from Deputy Attorney Roberts CITY ATTORNEY'S REPORT: CHAIR'S REPORT: TABLED: OLD BUSINESS: .1. Opinion #30, Response to Kellie Willson of the Board of Water& Light �3Afficlavitof Affidavit of Disclosure filed by Capt. John Baker of the LFD Disclosure filed by Mr. Richard Peffley, Director of Production for the Board of Water & Light NEW BUSINESS: BOARD ROUND TABLE o ADJOURNMENT MINUTES LANSING CITY BOARD OF ETHICS REGULAR MEETING OCTOBER 8, 2002 - 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: Dr. Cal Anderson, Chairperson Bob Nole, Vice-Chairperson Ronald Frybort, Member Ellen Sullivan, Ph.D., Member ABSENT: Jasgij, Amen Hetep, Member A QUORUM WAS PRESENT OTHERS PRESENT: Jack Roberts, Asst. City Attorney Debbie Miner, City Clerk M. Denise Griffin, Chief Deputy City Clerk Captain John Baker, Lansing Fire Dept. . PUBLIC COMMENT: n APPROVAL OF AGENDA: Motion by Member Sullivan to approve the agenda as presented ° 4 MOTION CARRIED 4/0 SECRETARY'S REPORT: . Approval of Minutes: Motion by Member Sullivan to correct the minutes of the June 11, 2002 meeting as follows; By replacing the word Cities with City's on page 2, and by replacing the sentence found in the last paragraph of page 2 that reads "This is done by a fair share giving computation which is a percentage, such as 1% of the salary of the employee."with the-following "This COMPUTATION IS BASED ON A PERCENTAGE OF THE EMPLOYEES.,SALARY"; by replacing the word "were" with "WAS" in the second paragraph of page 3; by adding the statement "as an incentive to participation in fund- raising efforts"to the end of the second paragraph on page 4; by adding the statement"ON BEHALF OF THE BOARD'S NOMINATING COMMITTEE (FRYBORT AND SULLIVAN)" to the motion to elect the Chair and Vice Chair under new business on page 5; by making other minor grammatical corrections, and to approve the minutes as corrected. 1 NINYTfS,•B 0flfETH/CSM11T/M609T0EB8,2002,pg.2 MOTION CARRIED 410 By Member Sullivan to correct the minutes of August 13, 2002 by making minor grammatical corrections throughout; by spelling out IAFF (International Association of Fire Fighters); by correcting the spelling of the word germane; by adding the statement "REFERRING TO THE LIST OF ITEMS PROVIDED BY VENDORS FOR A BOARD OF WATER & LIGHT 2001 CHARITY RAFFLE PREPARED BY KELLIE WILLSON AND DATED JUNE 11, 2002"; to the beginning of the fifth paragraph on page 6; by correcting the last paragraph on page 8 to read as follows: "Member Sullivan said in most organizations this is called community service. This is not sponsored by the Board OF WATER&LIGHT for Junior Achievement; it isA JUNIOR ACHIEVEMENT PROJECTAND THE BOARD OF WATER & LIGHT IS REPRESENTED ON THE BOARD OF JUNIOR ACHIEVEMENT"; by correcting the twelfth paragraph on page 6 to read as follows: "Member Sullivan said THAT GIFT DONORS ARE not limited exclusively to Board Vendors"; by adding the words "AGAINST THEIR DONATIONS FOR TAX PURPOSES" to the end of the third paragraph on page #10; and by correcting the fifth paragraph on page 10 to read as follows: "Member Sullivan said it makes her uncomfortable that PRIZE ELIGIBILITY APPEARS TO BE BASED ON DOLLAR AMOUNTS CONTRIBUTED AND CONTRIBUTION AMOUNTS TO THE UNITED WAY WERE SUPPOSED TO BE CONFIDENTIAL," and to approve the minutes of August 13, 2002 as corrected. MOTION CARRIED 4/0 CITY ATTORNEY'S REPORT: City Attorney Roberts presented Boardmembers with a proposed draft of opinion #30, the response to Kellie Willson of the Board of Water and Light. Discussion and action follows under "Old Business." CHAIR'S REPORT: Chairman Anderson announced that Member Jason Amen Hetep has had a death in his family, and was not able to attend tonight's meeting. OLD BUSINESS: Motion by Vice Chair Nole to move item #6 under communications up to the next item of business on the agenda. MOTION CARRIED 5/0 1. Letter from Capt. John A. Baker of LFD submitting clarification of the Affidavit of Disclosure he filed and his involvement with the Looking Glass Regional Fire Authority Member Frybort questioned Capt. Baker regarding the time commitments expected to be required by each of the positions he proposes to hold. Capt. Baker responded that he 2 N/NUTfS,NOUB8fETN/CSNfET/NOPOTOBEB8,1OO1,pg.3 works 24 hour, ,shifts for the City of Lansing right now and until things are up and running with the Looking Glass Regional Fire Authority (LGRFA) he is basically working 6-8 hours per week. Member Frybort asked if Capt. Baker works 40 hour weeks for the City of Lansing. Capt. Baker responded that he works 54-56 hours in a two week period. Vice Chair Nole clarified that Capt. Baker is assisting the LGRFA in the building of a fire department from the ground up. He is doing this as he is available right now, but plans on going full-time following his retirement from the City of Lansing. Member Frybort asked Capt. Baker if anything.beyond the 24 hour shift per week that he works for the City of Lansing right now can be considered as his own free time. Capt. Baker responded in the affirmative. Vice Chair asked Capt. Baker who provides fire protection services to the subject community at this time. Capt. Baker answered the City of DeWitt. Member Frybort asked how big the station would be. Capt. Baker answered that they would consist of six full-time staff and up to 20 part time. Chairman Anderson asked how many people are currently on staff. Capt. Baker answered that right now it is just him. Attorney Roberts asked Capt. Baker how he is currently paid. Capt. Baker answered that he's a salaried employee. Vice Chair said that he interprets the report from the LGRFA to say that they have established guidelines for Capt. Baker to have equipment and staff put in place, and Captain Baker then implements their plan. In the meantime he is at the wheel for the Authority. Member Frybort asked Capt. Baker for a timetable for the recruitment of additional staff. Capt. Baker said they will hire and train staff over the course of the next two years, beginning in 2003 and completing the hiring process in 2004. Attorney Roberts asked Capt. Baker if he is involved in the hiring process. Capt. Baker answered yes, along with the Board. Attorney Roberts asked Capt. Baker if he would be soliciting firefighters from within the Lansing Fire Department. Capt. Baker responded in the negative. Mr. Roberts told Capt. Baker that his reading of the job description from the LGRFA leads him to question Capt. Baker's ability to perform both jobs at the same time. The question before the Board of Ethics is; there is going to be a point in time when conflicts between the two jobs will manifest themselves. The problem the Board must wrestle with is; at what point in time will that situation take place? In the job description presented to the Board, Capt. Baker owes his primary duty to the LGRFA, not to the City 3 N/NUTfS:BOABBOfETN/CSNffT/N60CTOW 8,2002,off.4 of Lansing. There will be conflicts that come up under this job description which is one of a "hands on manager with hands on style." If the Fire Department is up and running prior to his retirement, the job and the duties in the job description will be in direct conflict with his responsibilities to the City of Lansing Fire Department. He will be responsible for major fires and directing fire activities. Capt. Baker said that his agreement with the Authority is that until he is retired from the LFD, he can remain in his employ here as Captain. Attorney Roberts explained that it is not a matter of remaining here. It is that the duties of the City of Lansing musttake precedence overthe duties described in the job description they have before them. Member Frybort said that the challenge of this issue is that over a period of time this position could evolve considerably, and it is very difficult for the Board to envision how these two positions will mesh together, especially since that will not happen until after they have already rendered an opinion. Vice Chair Nole asked Capt. Baker when they will actually have the firehouse equipped and staffed. Capt. Baker answered that it will be about 6-12 months. The notices for bids are just going out. They are also hiring a Deputy Chief who will be in place to handle details when he is not there. Mr. Nole described the following scenario to Capt. Baker; the firehouse is built, the trucks are purchased and staff has been hired. The Fire Department is fully functional. A catastrophe,occurs while you are there in the performance of your duties. In the middle of these events, another catastrophe occurs in Lansing, and you are required to take up your job duties here. How could this conflict be resolved? Member Frybort said that the timetable under which the Deputy Chief is hired should be consistent with the increasing work load as it develops. Chairman Anderson said under Capt. Baker's specific schedule he is on a certain number of hours and off a certain number of hours. Is there a time where, for one reason or another, he cannot adhere to that schedule because of the seriousness of something that has happened? If he is in Lansing on a 24 hour shift and someone is supposed to be coming on duty to relieve him, but they do not show up does he have to remain on duty to cover a portion of someone else's shift? Capt. Baker responded that is something that could happen, but usually it only lasts for 1-2 hours. Vice Chair Nole asked Attorney Roberts to express the Board of Ethics concerns from a legal standpoint. Mr. Roberts, in response to Mr. Nole said; the job description lists duties �_ that w+N Fete a=pQit #in time,ih-it will be inconsistent for Capt. Baker to perform both jobs. The timing wilt be.the key to determining to which employer he owes the greater responsibility. Capt. Baker said that the Deputy Chief will be hired within the next year. That individual will handle a lot of the shin or-k-His agreement with the LGRFA is that the City of Lansing job comes first until-his 25 years are in. 4 N/NUTfS-BOABBOffTN/CSNIHINOOCTOBEB8,2002,pg.5 Member Frybort asked if there is a workers compensation issue for the City involved in all of this. Attorney Roberts responded in the affirmative, saying; there definitely is. By the job description there will be specific risk for injury, exposure and disease that would affect whether Capt. Baker would be able to perform his job duties to the City of Lansing. What he refers to is a type of risk that is greater by being exposed to it in another venue. Capt. Baker has brought this issue to the Ethics Board. They are not about conflicts with the City and his job duties here, but about ethics considerations. The Board is looking at whether or not the nature of the job that Capt. Baker wants to take may be in direct conflict with the Ethics Ordinance. Member Frybort asked Capt. Baker if this job will be full time when fully implemented. Capt. Baker answered yes. Mr. Frybort asked Capt. Baker if his future employer would be willing to break the job description down by calendar, and correlate when certain duties will come into play? Could the job be broken down into phases so the Board could look at it and see what the job description is as it evolves and a Deputy Chief is hired? Member Sullivan clarified; October 2002 to March 2005 consists of 2 years and five months. Based on that time frame, are there some assurances that can be given that a conflict will not exist with Capt. Baker's employment with the City? If a statement could be submitted that relays their understanding that his position with the City of Lansing has priority from now until March of 2005, and that when development of their Department reaches a point where there is a building, employees and services to manage, that the Deputy Chief will have been hired and be in full charge. In this way there would be assurances that there would not be a conflict with Capt. Baker's current position with the City of Lansing. Capt. Baker asked for clarification of the request. The Board wants to know when a Deputy Chief would be hired? Member Frybort responded that the Board wants to know what it is he will be responsible for prior to the hiring of a Deputy Chief. There would be a natural reluctance to hire a deputy as long as Capt. Baker can carry the full load. The Board would like to know what the time table is in terms of hiring the Deputy Chief. Member Sullivan noted that some employers prohibit their employees from having other part time employment. She asked Mr. Roberts if the City has any such prohibition. Mr. Roberts answered that the prohibition would have to be specific to the IAFF, and-he-is-not familiar with the collective bargaining agreements of the Fire Departme -6herefoF%lie cannot answer the question. Capt. Baker said that the Fire Department contract specifies that they cannot work part time for otherfire departments as volunteerfire fighters or EMS personnel, but this position is different because it is administrative in nature. Attorney Roberts asked Capt. Baker if this proposal has been submitted to the Union. 5 M1#UTfS,•B81BB fffTN/CSMEfT/#,9BffOBfBB,2892,fly.8 Capt. Baker answered that he has requested an interpretation, but they have not gotten back with him on it yet. Member Frybort asked if there is a written process, and if so,has Capt. Baker followed it? Capt. Baker said that he went to the executive board of the Union. Member Frybort asked Capt. Baker if his union would give the Board a letter saying that they concur with what he is proposing? Motion by Vice Chair that Capt. Baker attend the November meeting of the Ethics Board and at that time tha0he bring two documents: • Clarification of the time frame and prioritization of the position with LGRFA. The Board would like clarification of which of his duties he will be responsible for prior to the hiring of a Deputy Chief and the time table for hiring the deputy. • Statement from his union relative to whether this is a violation of his union contract, or is acceptable under the union contract MOTION CARRIED 4/0 2. Draft Opinion #30 from City Attorney in Response to a request by Kellie Willson of the Board of Water & Light Motion by Member Frybort that the following additions be made to the draft opinion: In the second to last line add "IF AT THE TIME OF SOLICITATION, THERE IS AN ADEQUATE DISCLOSURE TO THE VENDOR, WHICH SHOULD AT THE LEAST IDENTIFY THE PURPOSE FOR WHICH THE DONATED ITEM IS RECEIVED. ETC" On page 2 under the golf outing, in the first paragraph at the end of the last sentence add the word "DONATION" after the word organization. In the first paragraph under "Golf Outing" add a final sentence to read "OTHER TEAMS ALSO PLAY IN THE EVENT, AND THEIR PARTICIPATION LIKE THE BW&L TEAM, IS SPONSORED BY THE BUSINESS OR ORGANIZATION DONATION." Add a last paragraph to say"IT IS THE ETHICS BOARDS UNDERSTANDING THAT THIS OPINION ADDRESSES THE ETHICAL CONCERNS YOU HAVE RAISED, THE ETHICS BOARD WOULD LIKE TO COMMEND YOU FOR BRINGING THESE MATTERS TO THE BOARD'S ATTENTION. IT IS BETTER TO BE PRO-ACTIVE IN MATTERS OF THIS TYPE." add to the final paragraph; "MATTERS OF THE AMOUNT OF COMPANY TIME USED 6 N/NUTES-BOABBOfETN/CSNEET/N60CTOBEBB,2002,09,7 FOR CHARITABLE FUND RAISING WERE NOT ADDRESSED HERE. SUCH DECISIONS FALL WITHIN THE AREA OF BOARD OF WATER AND LIGHT MANAGEMENT DISCRETION AND ARE NOT OTHERWISE PROHIBITED. WE ALSO COMMEND THE BOARD OF WATER & LIGHT FOR ITS GOOD WORKS AND COMMITMENT TO THEM." MOTION CARRIED 4/0 Motion by Vice Chair to approve the draft opinion as corrected MOTION CARRIED 4/0 NEW BUSINESS: 1. Affidavit of Disclosure filed by Helen L. Buse, Assistant Chief of Police for the Lansing Police Department The Board expressed a concern ,as to whether Ms. Buse was in a position to give information to CJMI as to the City's bid selection process, since a blind bid process was not used. The second point of concern is that her involvement with CJMI was as a volunteer for which she did not receive compensation f hzm....If they receive a contract to do work for the City, she does not stand to receive any compensation from them, nor would she be in a position to go out of her way to see that they get any compensation for placing the bid. The fourth paragraph of the letter states that Chief Buse accrued a credit with CJMI which will be given to the City in the bid process. As part of the bid, they are counting the credit that Chief Buse earned. The Police Department wants to use CJMI even though they were not the low bid on the project. The question is;ttoes the credit distort the bid processt Member Sullivan expressed her feeling that it is not always the best decision to go with the lowest bid& . What we see here is a recommendation for the purchase of the CJMI program at a slightly higher cost. Chairman Anderson said that another aspect of the situation is that it is sometimes beneficial to have someone who has worked with a training program on board when you bring that training to employees. Chief Buse has disclosed that she has been involved with them. They are now bidding on a contract. She is not currently involved with them, and if they get the contract, she is not going to be involved with them,;on the project for which they are bidding. Under the ordinance it cannot be seen where a benefit is going to accrue to the person who has made the disclosure. It is almost like a donation. Member Frybort said that his only concern is that Chief Buse participation has distorted the bid process because it gives them an incentive to be competitive. Motion by Vice Chair Nole that Chief Buse be notified that "the Board has received the Affidavit of Disclosure filed by Assistant Chief Buse and placed it on file. The Board finds no violation of the Ethics Ordinance in the activities described, especially considering the N/NUTES••B81BB8fETN/CSNfET/N80CTOBfB8,2802,fly 8 measures that Assistant Chief Buse has already taken and will take in the future to ensure that no conflict or appearance of conflict of interest occurs." MOTION CARRIED 4/0 2. Letter from Deputy City Attorney Roberts to Captain John A. Baker of LFD FOR INFORMATION ONLY - RECEIVED AND PLACED ON FILE 3. Letter from Chairman Anderson to James E. Scholl, P.E. at Tetra Tech MPS FOR INFORMATION ONLY - RECEIVED AND PLACED ON FILE 4. Affidavit of Disclosure filed by Richard Peffley, Director of Production at the Board of Water & Light Motion by Member Frybort that City Attorney Roberts write a letter to Mr. Peffley requesting additional information regarding the vendors he uses, and whether he has direct contact with them as an employee of the Board of Water & Light MOTION CARRIED 5/0 5. Ethics Board Schedule for August 13, 2002 through June 10, 2003 By Vice Chairman Nole to accept the proposed schedule of Ethics Board Meetings from August 2002 through June 2003 as submitted MOTION CARRIED 5/0 6. Letter from Capt. John A. Baker of LFD submitting clarification of the Affidavit of Disclosure he filed and his involvement with the Looking Glass Regional Fire Authority RECEIVED AND PLACED WITH THE AFFIDAVIT OF DISCLOSURE FILED BY CAPT. BAKER 7. Letter from the City Clerk notifying Councilmembers of the Resignation of Diana Lopez from the Board of Ethics and requesting appointment to Board Vacancies FOR INFORMATION ONLY - RECEIVED AND PLACED ON FILE BOARD ROUND TABLE ADJOURNED 8:30 P.M. 8 M/NuzurBouffflETN/CSmurm60CT9BIR8,2992-pg,9 Respectfully submitted, Debbie Miner, Recording Secretary Date Minutes Placed on File: 9 CITY OF LANSING BOARD OF ETHICS ADVISORY OPINION NUMBER 30 INTRODUCTION The Ethics Board has received a request from Ms. Kellie Wilson, Director of Metrics and Audits at the Board of Water & Light to provide an advisory opinion regarding certain charitable fund raising practices of the Lansing Board of Water and Light and the activity of BWL personnel involved in the fundraising. Specifically, she has presented the Ethics Board with her concerns about(1) Christmas time raffle that raises funds for St. Vincent's, (2) a golf outing for the benefit of Junior Achievement, and (3) prizes that are given away as part of the BWL United Way campaign. This opinion will analyze and respond to the three activities in order. 1. Christmas Raffle; The description of this event expressed a number of concerns. These concerns may be divided into two separate areas. The first is the raffle itself and the lack of accounting procedures for the donated prizes and raffle proceeds. The second area is the possibility of business favoritism that benefits suppliers of the BWL who donate prizes to be given away in the raffle. This second concern involves both the possibility of actual favoritism and the opportunity for a perception that donation will result in favorable business treatment. 2. Golf Outing; The circumstances of the golf outing appear to be that it is a fundraiser for Junior Achievement for which the BWL sponsors a team. The team plays in the outing and the BWL makes a donation on behalf of the team being permitted to play. Other teams also play in the event and their participation, like the BWL team, is sponsored by a business or organization donation. 3. United Way Campaign Prizes; This practice is described as one or two employees from BWL management and labor soliciting the donation of prizes which are then awarded by blind draw as premiums to BWL employees who contribute to the United Way. OPINION 1. Christmas Raffle; Regarding the accounting,the raffle itself appears to be one that comes under the State of Michigan statutes and regulations administered by the Charitable Gaming Division of the Michigan Lottery. Act 108 of the Public Acts of 1999 (the "Act"), as amended, governs raffles and requires a license when prizes with a value of more than $100.00 are awarded at a single gathering. The licensing process requires record keeping and disclosures that otherwise meet your accounting type concerns. This includes accountability for all gaming assets, such as prizes, tickets and all funds derived from the event. Because of the State's apparent preemption of the area and the completeness of its requirements, compliance with the Act provides a legal and sufficient solution to the accounting concerns raised. Turning to the perception concerns, it is first noted that you do not report knowledge of any specific acts of wrong doing. The remaining ethical issue is the possibility that a vendor, who is asked to donate goods as prizes, may believe that in doing so, the vendor will be entitled to preferential business treatment by the BWL or from the BWL employee who solicits the donation. Although the ethics ordinance specifically prohibits the unethical behavior of giving something of value for favorable action by an employee [Ord. 290.04(a)] or an employee accepting something of value for the employees action [Ord. 290.04(b)], the ordinance is not violated by the possibility of unfounded perception of the same action. Here, it is clear that the true activity is intended to be the donation of a gift for a charitable purpose. Therefore, even the appearance of unethical action may be avoided if, at the time of the solicitation there is an adequate disclosure to the vendor. The disclosure should, at the least, identify the purpose for which the donated item is received and that no special benefit will result from the donation. It is noteworthy that when a non-monetary gift having a value under $50.00 is received, the ethics ordinance presumes it is not intended to violate either giving or receiving of a gift for a prohibited purpose [Ord. 290.04(d)]. 2. Golf Outing; This type of fundraising event is common practice. The beneficiary organization, through its members or officers, may solicit participating businesses or organizations to sponsor a team for the outing purpose. This type of fundraiser does not appear to be one susceptible to miscommunication about the nature or purpose of the activity or confusion about the nature of the benefit derived. Any other questions you may have about the golf outing do not appear to be within the subject matter of the Ethics Board's jurisdiction. The Ethics Board, however, would call to your attention Public Act 301 of 1969 which provides that public utilities are authorized by Michigan law to give gifts or contributions from its operating revenue as the governing body of the public utility determines to be within the public interest. MCL 123.391. 3. United Way Campaign Prizes; Because this process does not involve the purchase of tickets but rather is the awarding of prizes to individuals otherwise participating in the United Way, this does not appear to be a raffle under the Michigan gaming laws. This review, however, is not intended as a legal opinion on this issue and any question in this regard should be addressed to the Charitable Gaming Division. Nevertheless,the concerns about the perception of businesses making the donation is similar to the concern raised regarding the Christmas raffle. It is the Ethics Board's opinion that this concern may properly be extinguished in the same manner as under the raffle, i.e., full and complete disclosure of the nature and purpose of the donation at the time of solicitation. It is the Ethics Board's understanding that this opinion addresses the ethical concerns you have raised. The Ethics Board would like to commend you for bringing these matters to the Board's attention. It is better to be proactive in matters of this type. Matters of the amount of company time used for charitable fund raising were not addresed here. Such decisions fall within the area of Board of Water and Light Management discretion and are not otherwise prohibited. We also commend the Board of Water& Light for its good works and commitment to them. Respectfully Submitted, THE LANSING BOARD OF ETHICS Calvin Anderson, PhD, Chair Robert Nole, Vice Chair Jason Amen Hetep, Member Ronald Frybort, Member Ellen Sullivan, Member