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Home My WebLink AboutDenningResponzaRegina Affidavit Disclosure 1999 CCH � Office of City Clerk Marilynn Slade City of Lansing City Clerk APRIL 27, 1 999 REPONZA REGINA DENNING LANSING POLICE DEPARTMENT 123 W. MICHIGAN AVE. LANSING, MI 48933 DEAR MS. DENNING: THE BOARD OF ETHICS REVIEWED YOUR AFFIDAVIT OF DISCLOSURE AT IT'S APRIL 13, 1999 MEETING. BASED UPON THEIR REVIEW OF INFORMATION PROVIDED BY THE CITY ATTORNEYS OFFICE WHICH INDICATES THAT YOUR REQUEST IS COVERED BY STATE STATUTE PROHIBITING SUCH CONTRACTUAL WORK BY PUBLIC SERVANTS, COPY ATTACHED, THE BOARD DETERMINED YOUR REQUEST TO BE A CONFLICT. GIVEN THIS INFORMATION, THE BOARD OF ETHICS ASSUMES THAT YOUR AFFIDAVIT OF DISCLOSURE WILL BE WITHDRAWN. SINCERELY, MARILYNN SLADE, CITY CLERK SECRETARY TO THE BOARD OF ETHICS CC: ROBERT JOHNSON, CHIEF OF POLICE MARYELLEN JANSEN, SENIOR BUYER Jim RELINE, LPD Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 517-483-4131 517-377-0068 FAX RECYCLED PAPER LPN 5 INc Department of Law MEMORANDUM cHIG.P TO: MEMBERS OF THE ETHICS COMMITTEE FROM: MARGO VROMAN,ASSISTANT CITY ATTORNEY RE: REPONZA REGINA DENNING CONTRACT QUESTION DATE: April 13, 1999 cc: James Smiertka, City Attorney QUESTION PRESENTED: May Ms. Denning, who is employed by the City as a Senior Clerk, contract with the City's Police Department Internal Affairs Unit for transcription services? ANSWER: No. ANALYSIS This particular question is governed by state statute,which preempts the City's ethics ordinance. MCL 15.328 Sec. 8 of the state statute reads: It is the intention that this act shall constitute the sole law in this state and shall supersede all other acts in respect to conflicts of interest relative to public contracts, involving public servants other than members of the legislature and state officers, including but not limited to section (3) of section 30 of Act No. 156 of the Public Acts of 1851, as amended, being section 46.30 of the Compiled Laws of 1948. This statute holds: MCL 15.322 (1) [Sec. 2] Except as provided in sections 3 and 3a, a public servant shall not be a party, directly or indirectly, to any contract between himself or herself and the public entity of which he or she is an officer or employee. BOARD OF ETHICS REPONZA REGINA DENNING Page Two April 13, 1999 Exceptions to this rule are: MCL 15.323(1) Section 2 does not apply to either of the following: (a) A public servant who is paid for working an average of 25 hours a week or less for a public entity. (b) A public servant who is an employee of a public community college,junior college, or state college or university. MCL 15.321(a) defines a public servant as ... "all persons serving any public entity, except members of the legislature and state officers who are within the provisions of section 10 of article 4 of the state constitution as implemented by legislative act." CONCLUSION Since Ms. Denning meets the definition of a public servant and works over 25 hours per week, MCL 15.322 (1) [Sec. 2] prohibits her from entering into a contract with the City for transcription services. FASHARLDTommi ttcOBOLldcnni ngs.mcv.wpd CITY OF LANSING AFFIDAVIT OF DISCLOSURE c : s: C .. ' n, 1 S' (3 C{i Y C L E R I TO: CITY CLERK CITY ATTORNEY BOARD OF ETHICS REPONZA REGINA DENNING (Name), being duly sworn, says under oath: 1. I am an elected or appointed officer or employee of the City of Lansing, holding the position of SENIOR CLERK 23 (Title) in the LANSING POLICE Department. This position is: Full Time: xx Part Time (Less than 25 hrs. per week) Unpaid: 2. 1 may derive income or benefit, directly or indirectly, from a contract with the City or from any City action detailed as follows (Charter 5-505.1): YES _ T EXPECT TO DERIVE INCOME DIRECTLY RESULTING FROM A � Lmnrnm r1rm�� `�'H�-�I�'v (VEe K1� C>t'-1 �p�i-r�c�—o a-rT (Paragraph 2. CONTINUED) 3. 1 have a conflict between a personal interest and the public interest, the nature of which is disclosed below: (Charter 5-505.2; Lansing Code 290.04 (1)): NO. I DO NOT HAVE A ONFT TCT BETWEEN ANY PFR4nT\r41 nR RTTcInTESS INTEREST. EVEN THOUGH I AM A CITY EMPLOYEE DIRECTLY EMPLOYED BY THE LANSING POLICE DEPARTMENT, I HAVE NEVER COMPROMISED OR STRUGGLED WITH ANY CONFLICT OF INTEREST: PERSONAL OR BUSINESS ALIKE . BECAUSE UF MY EMPLOYMENT WITH THE DEPARTMENT AND ALSO MY FAMILIAR Ty WITH THIS NATTIRF OF SERVICE I AM O FL RINGTTHIS , IN MY OPINION, ALREADY ASSURES THE QUALITY OF WORK I WOULD BE ASSIGNED TO DO, AS WELL AS AN ONGOING WORKING RELATIONSHIP AND MOST IMPORTANTLY, THE CONFIDENTIALITY AND WORK ETHIC THAT HAS ALREADY BEEN ESTABLISHED. 4. 1 have a financial interest in a matter proposed to be acted upon by the City of Lansing as described below (Lansing Code 290.04(1): YFS T Dn EXPFrT Tn PAID_POR SERVICES R'ENDEREB g gULp I B AWARDED ANY BID OFFER. E��A� I j (Paragraph 4. CONTINUED) 5. 1 have/have not attached page(s) of additional detail concerning this disclosure. 6. 1 hereby certify that this disclosure is complete and accurate to the best of my knowledge, information and belief. i The foregoing Affidavit of Disclosure was executed on the day of T-�6v- 1419 4r (Name) STATE OF MICHIGAN) ) SS. COUNTY OF� CY1,v��i�t�1 �. CA- Subscribed,sand sworn to before me this day of 19 �jC i n � 10 T'�CCV/� � �,� j County, Michigan. d_ KELi L L P.ADLICKI NOTARY PUBLIC STATE OF MICHIGAN INGHANd COMITY Nota 1Public%or Vv y COMMISSION EXP.JAN.b,20M ry _ _ a. A .� Deputy, Clerk Ffi�.,.QJW� County, Michigan ' My'Commission Expires: �, M-t) ATTACHMENT: I am currently in the bidding process of offering my transcription services outside of my full time employment with the City to the Lansing Police Department Internal Affairs Unit. As an employee for the City of Lansing and with the Lansing Police Department North Precinct, a large part of my job responsibility is transcription for the Investigations Division. I have been operating in this capacity since October of 1992. The nature of these tapes which I transcribe are often times graphic and can contain everything from strong sexual content to being very high profile and sensitive in nature. Because of these issues, it is imperative that all tapes be examined with the care. My years of experience in dealing with these matters, in my opinion, makes me extremely qualified and prepared to handle this type of job. In addition to transcribing for the Investigations Division, I have also had several opportunities to transcribe for the Internal Affairs Division. I have a thorough understanding of how crucial a strong work ethic, integrity and confidentiality are to the transcription of these tapes and for that reason, I , in no way, feel that this causes a conflict of personal or public interest. In fact, I would like to suggest that because of my familiarity with this type of work and an already established working relationship with the potential vendor, this removes any concern of conflict from the current situation as I know it to be.