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HomeMy WebLinkAboutIngallsLarry Affidavit Disclosure 1989 March 23 , 1989 President Blair and Members of the Lansing City Council loth Floor- City Hall Lansing, MIchigan 4893.3 Dear Councilmembers : Attached herewith is an Affidavit of Disclosure of Conflict of Interest for Larry Ingalls, Helicopter Maintenance Technicial in the Police Department. Sincerely, Rita :•1. Bauman City Clerk REFERRED TO THE BOARD OF ETHICS .... s CITY of LA NSING ik INTEROFFICE COMMUNICATION r Nis DATE. 4/28/88 TO: Chief Charles Reifsnyder FROM: S t. GreR Braun, Helicopter Patrol Unit SUBJECT: Larry In alIs' Ownershi of Capitol Aircraft Maintenance, Inc. (CAM-AIR) Mr. Larry Ingalls was hiAidthat the timeLansing waspolice acknowledgedmand' disclosedhelicopter mechanic in September 1986. a blanket that he was part owner of CAM-AIR. The City had (and still has) CAM-AIR -to do occasional maintenaTimaril our helicopters. purchase order with absence CAM-AIR serves as a back up for maintenance service primarily during of our own mechanic (vacations, etc. ) • When Mr. Ingalls was hired as our mechanic he anticipatedastalhyeaors,d be selling his interest in CA -AIR. During M -AIR thus making Mr. Ingalls has decided to purchase additional him the majority owner. Mr. Ingalls is taki be ng this siactng ion to protect his self interest. His ownership in CAM-AIR Mr. Ingalls wants to continue his employment with the City as its heli- copter mechanic. It is my recommendation that he continue in his present capa- CAM-AIR. Mr. Ingalls has served the Department city despite his interest in well during his employment. I also recommend that we continue using CAM-AIR for back up maintenance service because of their experience with our operation. ohas been r business relationship with CAM-AIR dates back several years and itit ld e noted To al* concern about a potential conflict Ofri ior nterest rovalsofuourbfinance that all expenditures with CAM-AIR must atee the that our annual expenditures with office (in-house) and myself. I anticipate pastur expenditures CAM-AIR would not exceed $1,000-$1,Som, listed brw are o are high dueto factwe for the most recent fiscal years. Some of the years ' did not have our own mechanic, consequently CAM-AIR was doing all of the heli- i copter maintenance. YEAR - EXPENDITURE FY 84-85 $1,407.60 6 $4,457.46 ($3,714.96 spent during time w/o our own mechanic FY 85-8 FY 86-8 $4,457 .4 (all spent during time w/o our own mechanic) FY 87-88 $ 293.00 ( 0-5 0� 3-17-89) G-6 Page 2 Chief Reifsnyder In summary, we felt you should be aware of this situation. Attached is a letter from Mr. Ingalls concerning this matter. Also attached is a copy of the affidavit of disclosure which is on file with the City Clerk. Respectfully submitted, aSgt. Greg raun :jab i DF L CITY of LANSING !� :L.�'�i� In 't�` '�: : ••: eye * INTEROFFICE COMMUNICATION "��..� '.•ia4��. _ ..• ... CNIGP TO Charles Reifsnyder, Chief of Police DATE 4/28/88 FROM: Larry Ingalls, Helicopter Maintenance Technician SUBJECT: Chan e in status of Larry Ingalls stockholder interest in Capitol Aircraft Maintenance, Inc. My present stock interest in Capitol Aircraft Maintenance, Inc. is at the 50% level and I anticipate purchase of additional stock to the 75% level. On file at the City Clerk's Office is an affidavit of disclosure (copy attached) form that was signed by myself prior to my employment by the City of Lansing. This was due to a purchase order by the City of Lansing to Capitol Aircraft Maintenance for contract labor. Sincerely, CLais Helicopter Maintenance Technician Lansing Police Department r� (fir / AYFIDAVIT OF DISCLOSURE Pursuant to the re.;uirec:ents of subsection 5-505. 1 of the Lansing City Charter, I, full name being an officer/employee of the City of Lansing, Michigan, . hereby disclose that: � 7 I intend to have business dealings with the City of I I ' y.n ,Lansing either directly or indirectly. li , I may derive income and/or benefit, directly or in- directly, in addition to my official remuneration as i a result of City Council action or a contract with the City. The details of the above indicated business dealings, LU '-in me, benefit and/or contract are as follows: ' � V 7,+�\/ C// i r"i�'1c�•`1 /I/1 i�/'��'�s,�� �r—'�/" �i L - jl i CITY OF LANSING BOARD OF ETHICS TO: OFFICERS AND EMPLOYEES WHO FILED DISCLOSURES OF CONFLICTS OF INTEREST PRIOR TO MARCH 1 , 1989 The Board of Ethics has attempted to review a disclosure of a conflict of interest filed by you. Your disclosure contains insufficient information to allow such review, however. To assist you to make the full disclosure required by law, the Board of Ethics has adopted a revised form for use in disclosing conflicts . While you are not required to use this specific form, any disclosure you file must contain the information called for in it. Enclosed is a copy of your original filing, along with a blank form with instructions, which you are requested to complete and resubmit to the City Clerk as soon as possible. If your disclosure pertains to a contract with the City, it must contain the information required by MCL 15 .323 (c) . To the extent it pertains to other government decisions, it must meet Charter requirements for a full and complete disclosure. "Blanket disclosures" do not comply with either state law or local charter and ordinance requirements. Officers and employees are required to file a separate disclosure for each specific transaction involving an actual or potential conflict of interest before any dealing with the City takes place. A disclosure must also indicate how the officer or employee intends to resolve the disclosed conflict. Your cooperation in promptly completing and returning the enclosed form will be appreciated. THE LANSING BOARD OF ETHICS _ - �q CITY OF LANSING TO: CITY CLERK [� CITY ATTORNEY [ MAYOR CITY COUNCIL PRESIDENT DEPARTMENT HEAD AFFIDAVIT OF DISCLOSIIRE OF CONFLICT OF INTEREST STATE OF MICHIGAN) COUNTY OF 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 �7�etr QnrC� T�cNnr►crRAI in the _ �nL�cF Department. This position is: X Fulltime [ ] Parttime (less than 25 hours/wk) [ ] Unpaid. 2. I, and/or j my Ll>/ = — , a member of my immediate family as defined in Ordinance 290 . 02 (i ) , and/or A A/ `j L—NA ff����`^�� a business with which I am associated as defined in Ordinance 290 . 02 (b) , (c) and (d) : Y, 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: ,,,�_. a 1 The financial benefit will be received by the following persons in the following amounts:/ n n r�N��n�c i= QLL-_4 rr,Q n. A;�% ,C AA ,n i r c (2F ITi��i 7 I will not make or participate in the making of the affected decision, or DEcesioN LUILC Uc A,,,4cic 6y c�7��2 �.�r�saN�C o�yOLrc� DO [ ] Despite the co'Pnflict of interest, I am able to make or participate in the making of the affected decision fairly, objectively, and in the public interest because: J.(] 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 pecunirary interest) : /INCjC12 /Sl„ric �IaC� �rZr'l�✓; u���� (�� /( ,oiAcnq�� I�/1►aln( Yl�Ntl�fCi= CC�Wnlci/10" Cc,nr /1i ,2�/fin<r �fCl,rlY -A/PAICr. 4Z2E2 S' �' 14 Ac( l7 r�r�U�,nY� MOi/1�7FNANC f�FrzP=bp? i.-r( �Af( AMIS -L,. AS Q AAgL,)4Z /A/ M\/ r l�►� S l)a 2—" 7 WF7 < i I�!n I���/�F�,fF. �1 r NSF n /= 774 .2r,.2c 71j--) Tb►e- A42_CISWW *0 uS2 tko- S -A-VICe.S oi CAN-FOL R 19Cl?P f+ mo-' +-e r O-O ee Will be- moj e b u o-fir eim p r o uses o-� S►LD a-Ups Orr C 4 t6� 1���i Lo P+�.r- 1 U77rn l U��-�• • i t-.�..� s yr v� c�S 1u�l� a fi r►►'►'lGur i�u /d-.t,�'r1�n 4 rn�� �b-�ce 2 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) : bmr'let►2 �s Iz,N/lr i 42 a a c I)Q r l p=,r> (,Zz 4, V4t\fSrnr�� AN4 "J1Q Ai12cr2p4--f' YJr`vTFAIZn/C>� rQQP 4z,/n/)(=A/AA(, I� � 26i c AA m rn/ �PAfC wr (.� ��_ l��10 ,�%ter^ A Ia O K"Fi CI-) 0 (' U nDt24z r L) 6,,,icr1u a -/-0 7'7�42�- 6 S Ir c� C � [! � f1�c�z cH�,,��II//fld r"LEE ��,`�ST�1�; � 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 public interest as defined by state law, the Lansing City Charter, or ordinance. The personal interest that conflicts with the public 4 interest is described as follows • �1�u sec°e tI hJaNc I CL I 92L, rI as C- s� sul4 � CnPITOL IPCQRF1 MI7INTc`/URNC' - T— � � 'ol' ,tiG MAIN F�ENANC� l�'�f�K ol„ �` o CIlu S Ile The public interest that the personal interest conflicts with is described as follows: to �N s up.t - -hcj MoN IS n/Ot t utynrecees�>z�ly �,v f /ZCP�-ir-s 49 7L �i�c�s l�co��rs 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. st6 ftiilfG/fED LcTrt2 4. 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. l - � kcLs II 1, c�, � D Nis i ro PA,ISt2NCe- ICoP 5 The foregoing Affidavit of Disclosure of Conflict of Interest was executed on the / , day of 19 Subscribed and sworn before me the / 7 M day of March---, 1911. LTWU It fITTS, YOTART KaLI; , Notary Public NGMA NTT. STATE Of 1(1"19AN Deputy Clerk IT COIi"ssioA unalS On 07-16-9j Sr)g haen County, Michigan My Commission Expires: /99/ FOR CITY CLERK/CITY ATTORNEY USAGE DATE FILED: 3 COPIES SENT TO: []"Mayor H- City Council President H- Department Head H- Board of Ethics ON: - Gi- $ 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 Head, 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. 7 2. When is an officer or employee required to file an Affidavit of Disclosure? As soon as a conflict exists, an officer or employee 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, 8 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 seq. , 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. 8. 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. 9