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