HomeMy WebLinkAboutHilliardDavid Affidavit Disclosure 1989 (2) 4/G.
March 1.6 , 1989
City Council President Blair and
Members of the City Council
loth floor City Hall
Lansing, Mi . 48933
Dear Councilmembers:
Attached herewith attached is an Affidavit of Disclosure from
David W. Hilliard, Sr .
Sincerely,
Rita M. Bauman
City Clerk
REFERRED TO BOARD OF ETHICS
AFFIDAV-17 OP DISCLOSURE
Pursuant to the requ. rem nts of subsection 5-505. 1
of the Lansing City Charter, I, ' w, S'
f Ali name]
being an officer/employee of the City of Lansing, Michigan,
hereby disclose that:
297 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
to my official remuneration as
directly, in addition
a result of City Council action or a contract with
the City.
mhe details of the above indicated business dealings ,
incom., benefit and/or cont-Tact are �as/� follows :
�� z� s -
April 20, 1989
President Blair and Members
of the Lansing City Council
loth Floor - City Hall
Lansing, Michigan 48933
Dear Councilmembers:
Attached herewith is an Affidavit of Disclosure of Conflict
of Interest for David W. Hilliard, Sr. , an employee of the
Admin. Services/Bldg. Maintenance Dept.
This is being sent for your information.
Sincerely,
Rita M. Bauman
City Clerk
REFERRED TO THE BOARD OF ETHICS
CITY OF LANSING
TO: CITY CLERK
[ ] CITY ATTORNEY
�<] MAYOR
(x] CITY COUNCIL PRESIDENT
[x] DEPARTMENT HEAD
AFFIDAVIT OF DISCLOSURE
OF
CONFLICT OF INTEREST
STATE OF MICHIGAN)
COUNTY OF )
�- r> 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 .401.o Xf9�;iyelle �-
in the j ow' SE2u epartment.
This position is: '*,�I Fulltime [ ] Parttime ( less than 25 hours/wk)
[ ] Unpaid.
2. I , and/or [ ] my a member of my
immediate family as defined in Ordinance 290. 02 (i) , and/or
£ 5ve�e �� Amn a business with
which I am P-qR-o'cqated as defined in Ordinance 290 . 02 (b) , (c) and
(d) :
[ ] a. may receive a financial benefit of more than a de
minimus nature which is distinguishable from the benefits to the
person as a member of the public or as a member of a broad segment
of the public , from a decision I would otherwise make or
participate in as an officer or employee. The decision involved
is described as follows:
The financial benefit will be received by the following
� J.
persons in the following amouunt�9s�: t��,4,Jin /,
L 6 �e-L3 Gv,r �r�
'tA I will not make or participate in the making of the
affected decision, or
( ] Despite the conflict of interest, I am able to make or
participate in the making of the affected decision fairly,
objectively, and in the public interest because:
b. intend to have business dealings with the City of
Lansing, either directly or indirectly. The business dealings are
specifically described in detail as follows (include names of each
party, the duration of the dealings , the financial consideration
between the parties , the governmental facilities or services
involved, the nature and degree of assignment of government
employees for fulfillment of dealings, and the nature of any
n b. V
pecuniary interest) : Cirtru�c' v�Qf' G�1 ,V' C_y
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M I will not make or participate in the making of
governmental decisions concerning the business dealings , or
[ ] Despite the conflict of interest, I am able to make or
participate in the making of governmental decisions concerning the
business dealings fairly, objectively, and in the public interest
because:
C. may derive income or benefits, either directly or
indirectly, in addition to official remuneration, as a result of
Council action. The action involved is described as follows:
The income or benefits , in addition to official remuneration, that
will be derived, either directly or indirectly, is described as
follows:
I will not make or participate in the making of the
affected decision, or
[ ] Despite the conflict of interest, I am able to make or
participate in the making of the affected decision fairly,
objectively, and in the public interest because:
3
[ ] d. may derive income or benefits , either directly or
indirectly, in addition to official remuneration, as a result of
a contract with the City. The contract is specifically described
in detail as follows (include names of each party, the duration of
the dealings , the financial consideration between the parties, the
governmental facilities or services involved, the nature and degree
of assignment of government employees for fulfillment of the
contract, and the nature of any pecuniary interest) :
I will not make or participate in the making of
governmental decisions concerning the contract, or
[ ] Despite the conflict of interest, I am able to make or
participate in the making of governmental decisions concerning the
contract fairly, objectively, and in the public interest because:
[ � e. have a conflict between a personal interest and the
rublic interest as defined by state law, the Lansing City Charter,
terest that conflicts with the public
or ordinance. The personal in
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interest is described as follows:
The public interest that the personal interest conflicts with is
described as follows:
[_ I will not make or participate in the making of
governmental decisions concerning the conflict, or
[ ) Despite the conflict of interest,. I am able to make or
participate in the making of governmental decisions concerning the
conflict fairly, objectively, and in the public interest because:
3. I have attached additional detail on the reverse of this
form or on attached sheets , including copies of all relevant
documents, memos , resolutions , and contracts.
r . I hereby certify that this disclosure is complete and
accurate to the best of my knowledge, information and belief.
5. I hereby certify that I have not solicited or entered
into any agreement with the City of Lansing prior to filing this
affidavit.
5
The foregoing Affidavit of Disclosure of Conflict of Interest
1
was executed on the a� d v of &11 19�
� c
Subscribed and sworn before me the day of
19�.
CAROLYN M. HARTSUFF , Notary LPeZliC
Floury Public Ingham County, 1,11 Deputy Clerk
W.y Crjmm. E;<p, Jsn. 24, 19; 0 County , Michigan
My Commission Expires:
FOR CITY CLERK/CITY ATTORNEY 'USAGE
DATE FILED: y
COPIES SENT TO: [k] Mayor
[j() City Council President
[�(] Department Head
M Board of Ethics
ON: -j- i
BOARD OF ETHICS ACTION ON:
[ ) Accepted
[ ] Rejected
OPINION NO.
6
INSTRUCTIONS FOR COMPLETING AFFIDAVIT
THIS FORM IS AUTHORIZED FOR USE FOR ALL DISCLOSURES OF
CONFLICTS OF INTEREST. IT REPLACES THE ONE PAGE FORM PREVIOUSLY
DISTRIBUTED BY THE CITY CLERK ' S OFFICE.
THE INFORMATION SUPPLIED IN THIS FORM MUST BE GIVEN UNDER
OATH. THERE MAY BE EMPLOYMENT, CIVIL AND/OR CRIMINAL SANCTIONS
IMPOSED UPON ANYONE MAKING A FALSE OR MISLEADING OATH OR STATEMENT
ON THIS FORM.
1 . Question 1 asks for identifying information.
2. Question 2 asks for details of the conflict of interest.
Choose the alternative or alternatives that describe your
situation, and complete the applicable section( s ) completely.
Incomplete information will result in the filing being rejected by
the Board of Ethics.
3. Questions 3 to 5 apply in all cases.
The completed form should be dated and executed, and your
signature notarized.
Disclosures of financial conflicts of interest should be filed
with the City Clerk. Disclosures of nonfinancial conflicts of
interest should be filed with the City Attorney. Two copies of
Your Affidavit should also be supplied to the City Clerk or the
City Attorney so that it can also be sent, as appropriate, to the
Mayor or City Council President and your Department Bead, if
applicable.
After filing, your form will be reviewed by the Board of
Ethics for completeness and conformity to state law, the charter,
and any applicable ordinances. You will be advised if any
additional information or if further action is required.
Generally, the review will occur within 2-4 weeks of your filing.
If speedier review is required, please indicate the date your
review is needed by and your reasons for the request, in a separate
letter filed with your affidavit.
COMMONLY ASKED QUESTIONS
1. Why do I have to fill out this form?
Both state law and local charter provisions require timely,
full and complete disclosure, in writing, of actual and potential
conflicts of interest. These provisions have been in effect since
the mid and late 1970s.
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2. When is an officer or employee required to file an Affidavit
of Disclosure?
As soon as a conflict exists, an officer or emplovee must
promptly file an Affidavit of Disclosure with the City Clerk or the
City Attorney, but in no event less than 10 days before any meeting
of any governing body at which the matter will be discussed or
considered. Where an officer or employee serves on a governing
body responsible for approval of the matter in which there is a
conflict, the disclosure must be made at the same time as the
filing with the City Clerk, to the governing body (the Council
President, in the case of Councilmembers ) and be included in the
public record of the proceedings .
Last minute disclosures , except in an unusual circumstances,
do not comply with state law or the Charter. However, in the event
the issue unavoidably arises for the first time at a particular
meeting, the governing body may determine by vote of an affirmative
majority of disinterested members if a conflict exists which
requires or permits a member to be excused from voting. At the
very least, the nature of the conflict and the reasons for excusal
or nonexcusal from voting should always appear in the record of the
meeting. An Affidavit of Disclosure must then be filed as soon as
practible after the meeting.
3. Does a person have to file an Affidavit of Disclosure on each
transaction in which they are or may be in conflict, or may the
Affidavit be generic in nature?
An officer or employee must file an Affidavit of Disclosure
on each separate transaction that involves a financial conflict.
4. What level of detail satisfies the requirement to fully
disclose a conflict of interest?
State law, the Charter and Conflict of Interest Ordinance
require complete and specific details in order to satisfy the
requirement of a full disclosure. The form is designed so that if
fully completed, it will satisfy the disclosure requirement.
5. Is the purpose of the Affidavit of Disclosure to serve notice
that I am unable to speak or vote on a matter, or does it simply
serve as notice to other parties in the decision making process
that I have a self interest as opposed to a public one?
Both. In the appropriate case, it also notifies a governing
body (and the public) , on the record, why the officer or employee
with the conflict believes he or she can, in light of the conflict,
make or participate in making a decision on the matter fairly,
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objectively, and in the public interest.
6. Is the filing of an Affidavit of Disclosure required even if
I have already been excused from voting or participating in the
decision of the matter?
Yes .
7. What standards of conduct apply if I have a conflict of
interest?
When there is a conflict of interest relative to a public
contract, state law sets the standards of conduct which apply.
Officers and employees who contemplate being a party to a contract
with the City are referred to MCL 15. 321 et sec. , entitled,
"Contracts Of Public Servants With Public Entities" . As a general
rule, state law prohibits a full-time officer or employee from
having direct business dealings with the City. Volunteer and part
time officers and employees may, if state law is complied with,
have business dealings with the City. Violation of the state
statute is a misdemeanor.
In all other cases, Chapter 5 of the Charter and Chapter 290
of the Code of Ordinances supply the applicable rules.
Any officer or employee may seek an advisory opinion from the
Board of Ethics based on the facts of their specific situation, if
they are uncertain about what rules apply to them, or about what
they are required to do to resolve a conflict of interest.
S. Who am I allowed to communicate with about this matter, once
I have filed an Affidavit of Disclosure?
If you have a conflict of interest, whether or not you have
filed an Affidavit of Disclosure, you may not officially or
unofficially participate in the discussion or consideration of the
item in conflict in any way, shape, or form, either directly or
indirectly, either in furtherance of your public responsibilities
or of your private interests , at any stage of the consideration of
the matter in which you have a conflict, except in compliance with
State law or Ordinance 290.
9. Does being excused from voting or late filing of an Affidavit
of Disclosure absolve any prior actions I may have taken on behalf
of the matter in which I have a conflict of interest?
No. -
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