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HomeMy WebLinkAboutKnechtelDonald Affidavit Disclosure 1990 CITY OF LANSING AFFIDAVIT OF DISCLOSURE OF CONFLICT OF INTEREST TO: CITY CLERK or [ ] CITY ATTORNEY and [ ] MAYOR and , DEPARTMENT HEAD or [ ] CITY COUNCIL PRESIDENT (Name) (��i',=)L_� r� /�ti't�!%,�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 (Title) -1�� le � �P') i_��,c,��,i�` in the /,c :e Department. This position is: (x] Fulltime [ ] Parttime ( less than 25 hours/wk) [ ] Unpaid. 2. [ ] I , [ ] and/or my (Relationship) a member of my immediate family as defined in Ordinance 290 . 02 ( i) , [/] and/or (Name) a business with which I am associated as defined in Ordinance 290 . 02 (b) , (c ) and (d) : (Select the option or options that apply) [ ] 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 persons in the following amounts: ;and/or [ ] b. intend to have busi gs�Tdeal g .With the City of 1 - ` :J18 �°1jSPd� T 'a�32� 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 pecuniary interest) : - )cLc �,-/�J/�c.e�zi`C,� c�;r/�/� `/�/ r�., •.;�� � - L ' _�> C' / J cL.f�C ;and/or [ ] 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 : ;and/or [ ] 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) : 2 ;and/or [ ] 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 interest is described as follows : The public interest that the personal interest conflicts with is described as follows : 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. 4. (Select One) [)(] I will not make or participate in the making of the affected decision and/or governmental decisions concerning the contract and/or governmental decisions concerning the business dealings and/or governmental decisions concerning the conflict, OR [ ] Despite the conflict of interest, I am able to make or participate in the making of the affected decision and/or governmental decisions concerning the contract and/or governmental decisions concerning the business dealings and/or governmental decisions concerning the conflict, fairly, objectively, and in the public interest because: 3 5. I hereby certify that this disclosure is complete and accurate to the best of my knowledge, information and. belief. 6. I hereby certify that I have not solicited or entered into any agreement with the City of Lansing prior to filing this affidavit. The foregoing Affidavit of Disclosure of Conflict of Interest was executed on the 6 day of Sub sc i ed •and sworn before me the day of � C� 19 & , i ,,J County, i.chi gan CAROI N 'M. HARTSTUFF, NOTARY PUBLIC �l . Notary P /lic/or Deputy Clerk 1i1'cY, STATE OF NIICHIGAN County, Michigan ivY COMMISSION EXPIRES 12-1 �� Commission Expires : FOR CITY CLERK/CITY ATTORNEY USAGE DATE FILED: �-?/ //2-1 COPIES SENT TO: [ Mayor [';.City Council President [Department Head Board of Ethics DATE SENT: k�,- /7c' BY: 4 AL KNOT CITY ATTORNEY u '91 JUL 19 AM 1108 June 13, 1991 Mr . Donald P. Knechtel Patches Plus , Inc. c/o Lansing Police Department. 2nd Floor Lansing, Michigan 48933 RE : Affidavit of Disclosure for Patches Plus , Inc . Dear Mr. Knechtel : On June 4 , 1991 the Board of Ethics Committee met and reviewed your Affidavit of Disclosure . Attached is a copy of the Board' s opinion Tegarding the same. If you have any questions , please feel free to contact me . very truly yours , Alvan P. Knot City Attorney APK/sp Enclosure cc : Mayor Terry J. McKane Jo Flaherty, Mayor' s Office Amy Foster, Purchasing CITY OF LANSING, 124 W. MICHIGAN AVENUE, 51h FLOOR, CITY HALL, LANSING, MI 48933 TELEPHONE 517/483-4320 CITY OF LANSING BOARD OF ETHICS OPINION NO. 13 June 4 , 19`_'.. INTRODUCTION The Board of Ethics has received an `Affidavit of Disclosure" from a Lansing police officer who is a full-time employee with the Cit'r and is an officer or employee of a firm, which firm desires to do business with the City. OPINION State law, specifically MCLA 15 . 322, provides as a general --ule that- Sec . 2 ( 1) No public servant shall be a Party, directly or indirectly, to any co.zLract between himself and the public entity of which he is an officer or employee, except as provided in section 3 . (2 ) No public servant shall directly or indirectly solicit any contract between the public entity of which he is an officer or employee and (a) himself; (b) any firm (meaning a co-partnership or other unincorporated association) of which he is a partner, member or employee; (c) any private corporation in which he is a stockholder owning more than 1% of the total outstanding stock of any class where such stock is not listed on a stock exchange or stock with a present total market value in excess of $25 , 000 . 00 where such stock is listed on a stock exchange or of which he is a director, officer or employee; or (d) any trust of which he is a beneficiary or trustee; nor shall he take any part in the negotiations for such a contract or the renegotiation thereof or amendment thereto or in the approval thereof; nor shall he represent either party in the transaction; except as provided in section 3 . (Emphasis added. ) Mc-L1. 15 . 324 provides for a statutory exception to the above.-quoted general statutory prohibitions . *UCLA 15 . :24 provides that a company, which is the lowest qualified bidder pursuant to a sealed bid process with public notice may do bus�ness with the City even though an officer or employee of the firm is a full-time City employee. The selection and/or utilization of a company, which has as an officer or employee, a full-time City employee, by any other process is prohibited. Even if the company which has as an officer or employee a full-time City employee receives a contract from the City because the company is the lowest qualified bidder under a sealed bid process , the City is prohibited from renegotiating the contract, making amendments to the contract or making additional payments which are not authorized by 'the contract to the company. Therefore, based upon the above-mentioned state statutory provisions , the company is not prohibited from doing business with the City, provided that the company is the lowest qualified bidder arising out of a sealed bid process with public notice and provided that the Lansing police officer files an affidavit of disclosure with the City Council pursuant to the provisions of the City' s Ethics ordinance . I trust the above has satisfied your inquiry. If there are further questions , please feel free to contact me. Respectfully submitted, THE LANSING BOARD OF ETHICS 4jnAtT�Mertz , Chai�rman�� Alvan P. Knot, City Attorney Donald Cook, Vice-Chairman R. Vincent Green, Public Member AL KNOT CITY ATTORNEY June 13 , 199= Mr . Dan Puuri Safe Records Center, Inc . c/o Lans: nc Police Departre^t 2nd riocr Lansirig, Michigan 48933 RE : P.ffidavit of D;1 -cjosure fcr Safe Records Cc—rter, Inc. Dear Mr. Puuri : On June 4 , 1991 the ESoard of Ethics Co=ittee met and reviewed your Affida,,it of Disclosure . Attached is ? cope of zne Board' s cp-4 nicn regarding the same . If v:;: have any questions , Dlease feel free to contact me . Very truly yours , OL 0. C, 7.lvan P. Knot City Attornez APK/sp Enclosure Cc : Mayor Terry J. Mc_ aLne Jo Flaherty, 'Mayor' s Office Arley roster, Purchasing CITY OF LANSING, 124 W. MICHIGAN AVENUE, 5th FLOOR, CITY HALL, LANSING, MI 48933 TELEPHONE 517/4S3-4320 CITY OF LANSING BOARD. OF ETHICS OPINION NO. 14 June 4 , 1991 INTRODUCTION The Board of Ethics has received an "Affidavit of Disclosure" from a Lansing police officer who is a full-time employee with the City and is an officer or employee of a firm, which firm desire-- to do business with the City. OPINION State law, specifically MCLA 15 . 322 , provides as a general rule that : Sec . 2 ( 1) No public servant shall be a party, directly or indirectly, to any contract between himself and the public entity of which he is an officer or employee, except as provided in section 3 . (2 ) No public servant shall directly or indirectly solicit any contract between the public entity of which he is an officer or employee and (a) himself; (b) any firm (meaning a co-partnership or other unincorporated association) of which he is a partner, member or employee; (c) any private corporation in which he is a stockholder owning more than 1% of the total outstanding stock of any class where such stock is not listed on a stock exchange or stock with a present total market value in excess . of $25, 000 . 00 where such- stock is listed on -a stock exchange or of which he is a director, officer or employee; or (d) any trust of which he is a beneficiary or trustee; nor shall he take any part in the negotiations for such a contract or the renegotiation thereof or amendment thereto or in the approval thereof; nor shall he represent either party in the transact_on; except as provided in section 3 . (Emphasis added. ) !•=,A 15 . 324 provides for a statutory exception to the above-quoted general statutory prohibitions . ?:. _ .� l . ?24 provides that a company, which is the lowest qualified bidder pursuant to a sealed bid process with public notice may do business w:th the City even though an officer or employee of the firm is a full-time City employee . The selection and/or utilization of a company, which has as an officer or employee, full-time City employee, by any other process is prohibited. Even if the company which has as ar. officer or employee a full-time City employee receives a contract from the City because the company is the lowest qualified bidder under a sealed bid process , the City is prohibited from renegotiatinc the contract, making amendments to the contract or making additional payments which are not authorized by the contract to the company. Therefore, based upon the above-mentioned state statutory provisions , tilt company is not prohibited from doing business with the City, provided that the company is the lowest qualified bidder rovided arising out of a sealed bid process with ublic notice and that the Lansingpolice officer files an affidavit of disclosure visions of the Cit ' s With the City Council pursuant to the pro Ethics ordinance. I trust the above has satisfied your inquiry . If there are further questions , please feel free to contact me . Respectfully submitted, THE LANSING BOARD OF ETHICS J hn F . Mertz , Chairman UL P. Alvan P . Knot, City Attorney Donald Cook, Vice-Chairman V(N(A. _ N R. Vincent Green, Public [Member