HomeMy WebLinkAboutKnechtelDonald Affidavit Disclosure 1994 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
14 ee�4
(Name) �c�.cJ,�-4.b � � 17- being duly sworn,
says under oath:
1. I am an elected or appointed officer or employee f the
City of Lansing, holding the position of (Title) fti�10G��9
in the t�c.re� �,07—
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) &STOrl 4!PX'bzr2110 004./C ��/JGi�5 SrJC�
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 business dealings with the City of
l
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)
;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
[ J 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, 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 Di losure of Conflict of Interest
was executed on the ?51 day of �► � 19���.
Subscribed and sworn before me the �� day of
19 in UCounty, Michigan
otary Public/or
DEBORAH K. MINE F� Deputy Clerk
Notary Public, Eaton Courh}Pi0ty, Michigan
�Rtffi��i�n��gcu��
y omm. Expires Feb, 20, j 995
FOR CITY CLERK/CITY ATTORNEY USAGE
DATE FILED:
COPIES SENT TO: [ ] Mayor
[ ] City Council President
( ] Department Head
[ ] Board of Ethics
DATE SENT:
BY:
4
CITY OF LANSING
AFFIDAVIT OF DISCLOSURE
OF
CONFLICT OF INTEREST
TO: [ CITY CLERK or
[ J CITY ATTORNEY and
[ ] MAYOR and , DEPARTMENT HEAD or
[ ] CITY COUNCIL PRESIDENT
(Name) ,y94-z T. --.4r/ being duly sworn,
says under oath:
1. I am an elected or appointed officer or--e=mployee of the
City of Lansing, holding the position of (Title)
in the oGid�E-
Department. This position is : [q"Fulltime [ ] Parttime ( less than
25 hours/wk) [ ] Unpaid.
2. [ ] and/or my (Relationship) ,
a member of my immediate family as defined in Ordinance 290 . 02 ( i) ,
[ ] and/or (Name)
ff, r3. ��;u•/)/yJF.tJ� ;��iP�1iL'� ,
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 business dealings with the City of
1
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 ) - , lee__
;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) [tj"" 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 Di losure of Conflict o Interest
was executed on the _� day of19
q(
Subscribed nd sworn before me the day of ,
19 in County, Michi n
Notary Public/or
DEBIRAH K. MI , Deputy Clerk
Notary Public, Eaton County: mi County, Michigan
Acting Irt1NhQmf5m&"&k;—,higFrxpires :
My Comm. Expires Feb. 20, 1995
FOR CITY CLERK/CITY ATTORNEY USAGE
DATE FILED:
COPIES SENT TO: [ ] Mayor
[ ] City Council President
[ ] Department Head
[ ] Board of Ethics
DATE SENT:
BY:
4
CITY OF LANSING - BOARD OF ETHICS
REGULAR MEETING
Tuesday, March 28, 1995-9th Floor Mayor's Conference Room, City Hall
AGENDA
CALL TO ORDER: 5: 00 P.M. The Chair presiding
ROLL CALL:
[ ] J. Mertz, Chair [ ] G. Johnson, Member
[ ] D. Cook, Member [ ] O. Isiogu, Member
[ ] J. Meissner, Vice-Chair [ ] D. Lehmann, Member
[ ] J. Trezise, Member
A Quorum is: [ ]Present [ ]Not Present
[ ] Others Present:
APPROVAL OF AGENDA: [ ] As Submitted [ ] With Changes Noted
SECRETARY'S REPORT:
[ ] Approval of Minutes of:
[ ] 2/28/95 (Open Session)
[ ] 2/28/95 (Closed Session)
[ ] Correspondence Received And Sent Since Last Meeting
1. Letter from Tom Downs to John Donohue dated 3/1/95
2 . Letter from M. Slade forwarding Opionion # 23 to
John Donohue dated 3/1/95
[ ] Inquiries & Complaints Received Since Last Meeting
[ ] Next Regular Meeting Date: April 25 , 1995
CITY ATTORNEY'S REPORT:
[ ] Affidavits of Disclosure Filed
1. Affidavit of Disclosure filed by Melvin McWilliams
[ ] Current Legal Developments of Interest
CHAIR'S REPORT
[ ]
PUBLIC COMMENT
OLD BUSINESS
[ ] 1. Request for Opinion from Jack Nelson
[ ] 2 . Revised Ethics Ordinance
[ ] 3 . Knechtel Opinion #18
[ ] 4 . Affidavit of Disclosure, Eleanor Love
[ ] 5. Closed Session
Early Retirement Investigation
Tom Downs' Report concerning Former City Employee
[ ] 6 . Develop recommendations/policy regarding phone
quotes, employees receiving gifts, adding employee
questions to bids, adding purchasing to routing of
Affidavits
NEW BUSINESS
[ ]
ADJOURNMENT
CITY OF LANSING - BOARD OF ETHICS
REGULAR MEETING
Tuesday, March 28 , 1995-9th Floor Mayor's Conference Room, City Hall
AGENDA
CALL TO ORDER: 5: 00 P.M. The Chair presiding
ROLL CALL:
[ ] J. Mertz, Chair [ ] G. Johnson, Member
[ ] D. Cook, Member [ ] O. Isiogu, Member
[ ] J. Meissner, Vice-Chair [ ] D. Lehmann, Member
[ ] J. Trezise, Member
A Quorum is: [ ]Present [ ]Not Present
[ ] Others Present:
APPROVAL OF AGENDA: [ ] As Submitted [ ] With Changes Noted
SECRETARY'S REPORT:
[ ] Approval of Minutes of:
[ ] 2/28/95 (Open Session)
[ ] 2/28/95 (Closed Session)
[ ] Correspondence Received And Sent Since Last Meeting
1. Letter from Tom Downs to John Donohue dated 3/1/95
2 . Letter from M. Slade forwarding Opionion # 23 to
John Donohue dated 3/1/95
[ ] Inquiries & Complaints Received Since Last Meeting
[ ] Next Regular Meeting Date: April 25 , 1995
CITY ATTORNEY'S REPORT:
[ ] Affidavits of Disclosure Filed
1. Affidavit of Disclosure filed by Melvin McWilliams
[ ] Current Legal Developments of Interest
CHAIR'S REPORT
[ ]
PUBLIC COMMENT
OLD BUSINESS
[ ] 1. Request for Opinion from Jack Nelson
[ ] 2 . Revised Ethics Ordinance
[ ] 3 . Knechtel Opinion #18
[ ] 4 . Affidavit of Disclosure, Eleanor Love
[ ] 5. Closed Session
Early Retirement Investigation
Tom Downs' Report concerning Former City Employee
[ ] 6. Develop recommendations/policy regarding phone
quotes, employees receiving gifts, adding employee
questions to bids, adding purchasing to routing of
Affidavits
NEW BUSINESS
[ ]
ADJOURNMENT
DRAFT
MINUTES LANSING CITY BOARD OF ETHICS
REGULAR MEETING
FEBRUARY 28, 1995 - 5 : 00 P.M.
9TH FLOOR MAYOR'S CONFERENCE ROOM, LANSING CITY HALL
The meeting was called to order at 5 : 15 P.M. in the Mayor' s Conference
Room, 9th Floor, City Hall, Lansing, Michigan.
BOARD MEMBERS PRESENT: John Mertz, Chairman
Joyce Meissner, Vice-Chairwoman
Don Cook, Public Member
Dr. Georgia Johnson, Public Member
Orjiakor Isiogu, Public Member
David Lehmann, Public Member
BOARD MEMBERS ABSENT: Joan Trezise, Public Member (excused)
A QUORUM WAS PRESENT
OTHERS PRESENT: James Smiertka, City Attorney
Marilynn Slade, City Clerk
Deborah K. Miner, Recording Secretary
Jerome Boles, Chief of Police
Mary Ellen Anastor, . Purchasing Agent
Donald Knechtel, LPD Officer
Dennis Burger, COPS
Tim Lewis [500 S . Pine]
Jodi Upton, State Journal
Margaret Herp, Retired City of Lansing
Russell J. Smith [403 Rosadell]
Stuart Shafer, Representing Jan Lazar
NEXT MEETING DATE: Regular meeting; March 28 , 1995 .
Regular meetings to be held in the Mayor' s Conference Room
pending a meeting of the entire 11 member Board and the designation
of a new meeting place.
APPROVAL OF AGENDA:
It was the consensus of the Board that the Agenda be approved
with the following changes noted:
Addition of an updated Board Roster under Correspondence received
and sent since the .last meeting.-
Addition of a request for opinion from Jack Nelson, Manager of
the Building Office as item #4 under New Business . This item will be
scheduled as item #1 under New Business at the March 28 , 1995 meeting;
Addition of a letter from John M. Donohue to Tom Downs under
Correspondence received and sent since the last meeting;
Addition of a letter from City Clerk Slade to Stuart Shafer under
Correspondence received and sent since the last meeting;
Corrected spelling of the name of Public Member Or.jiakor Isiogu.
SECRETARY' S REPORT:
Approval of Minutes : Motion by Vice Chairwoman Meissner to
approve the minutes of the January 24 , 1995 meeting as submitted.
MOTION CARRIED 6/0
City Clerk Slade introduced the three newly appointed Public
Members .
Correspondence Received and sent since last meeting:
1 . Letter dated January 31, 1995 from Stuart Shafer, Attorney
for Jan Lazar; Scheduled for Executive Closed Session under New
Business
2 . Statement from Tom Downs for legal services for dates of
1/1/95 - . 1/31/95 ; Payment Authorized by Motion of Public Member Cook
and affirmative vote of the Board
3 . Copy of a letter dated 2/6/95 from Tom Downs to City Attorney
Smiertka; Pending
4 . Copy of a letter dated 2/7/95 from Tom Downs to John M.
Donohue; Received and filed.
S . Copy of letters sent to Dennis Gilliland and Alan Sonnanstine
by Secretary Slade (conveying copies of Duarte opinion to them) ;
Received and filed.
6 . Revisions to IRS Section 415 Limitations received from
Council agenda of 2/13/95 ; Pending.
7 . City Attorney' s Opinion #95-02 regarding definition of
default as included in City Charter (referral to the Board from City
Council agenda) ; Pending.
CITY ATTORNEY' S REPORT:
City Attorney Smiertka requested a report from the Board as to
a time line for the completion of it' s investigation of the Early
Retirement plan. He needs this information to assist him with
scheduling.
CHAIR' S REPORT:
Chairman Mertz welcomed the three new Public Members and said
that they are all eminently qualified to serve on the Board of Ethics .
He is particularly happy to have another Lawyer on the Board. He
reviewed the amendment to the City Charter which mandated the
appointment of 8 new members to the Board. He explained the purpose
and charge of the Board, as a Review Board, under the provisions of
the Charter Amendment . He urged the new members to read all the
material that has been amassed for them. Secretary Slade has
distributed a notebook of historical information about the Board
containing a copy of the Charter, Ethics Board Opinions #1-21, Ethics
Board Charter Amendment, Ethics Board Minutes 1993-1994, the Open
Meetings Act, Chapter 290 of the Code of Ordinances, Ethics Board
Rules of Procedure, 1995 Meeting Schedule, and the Membership Roster.
The Board, he explained, functions by consensus opinion as much as
possible .
PUBLIC COMMENT
There were no public comments at this time .
OLD BUSINESS : Knechtel Disclosure; Mr. Knechtel addressed the Board
with information about the two companies with that he is involved with
that wish to do business with the City of Lansing; Custom Ordered
Police Supplies, Inc . (COPS) , and K.B. Equipment & Service . In
response to questioning by Board Members, Mr. Knechtel revealed: He
does not currently do business with the City through either of these
two companies . He owns 500-. interest in both companies . K.B .
Equipment markets products to the construction industry and COPS
markets products to Police and Fire related companies such as frame
lighting for police cars and bullet proof vests . He has filed these
affidavits because he is a full time city employee and would like the
Board' s permission to do business with the City through these two
companies, utilizing the City' s bidding procedures and formal quote
processes . He currently owns interest in other companies, however,
these two are the only companies which propose to do business with the
City of Lansing. He does not serve on any committees within the
Police Department which would put him in a decision making position
as to the procurement of supplies . The other 5096 interest in these
two companies is owned by Mr. Dennis Burger who is present at
tonight' s meeting. Everything that these companies market is
manufactured by other companies and is available through a number of
other distributors in the state. They ask to be allowed to make
formal quotes on bids let by the City on contracts for goods that are
available through other companies . They would not be in a position
of being a sole source provider because all of their products are
available elsewhere . The City operates under a legitimate sealed bid
process that would not give him an advantage or influence on the
awarding of the bid, it would be based on the lowest quote . The only
way he would know about a contract for the City, or the Police
Department, is when someone from the Purchasing Department published
a notice of bid or called one of his companies and requested a bid.
He is no longer associated with Federal Signal; and, Patches Plus is
now K.B . Equipment and Custom Ordered Police Supplies . He has no
personal relationship with anyone in the Purchasing Department .
Neither of these two companies is currently doing business with the
Police Department, nor the Fire Department . On June 13 , 1991, in
response to an affidavit he filed, he received an opinion from then
City Attorney Knot that Patches Plus could do business with the City.
He was a 500 owner at that time . He proposes that the basis of that
opinion be applied to this situation, because the only change is to
the names of the companies . He stated that neither he, nor his
partner, would be involved with any Board or Committee that writes bid
specifications for the purchase of equipment by the City. He stated
that Police Department policies require him to inform the Chief, or
his designee, when he proposes to obtain outside employment, get
their approval for outside employment, and prohibits him from allowing
such outside employment to interfere with his job, or his ability to
perform his job, but, the policies do not deal with conflict of
interest situations . He has met the requirements of the Police
Department for outside employment situations . The products he
proposes to contract with the City for would include; emergency light
equipment, bullet proof vests, new fire extinguisher products and
other products handled by his firm. He asks that he be allowed to
participate in both the blind (sealed) bidding process and the phone
bidding process . He would not be involved in making presentations to
the purchasing department, this would be handled by his partner/
salesman in order to avoid the appearance of a conflict of interest .
In the past he has been involved in the preparation of bids, however,
he would remove himself from this process, if that is the wish of the
Board. He stated that during peak season his company would employ as
many as ten people and that there are no shareholders .
Chief Boles confirmed that outside employment by Police
Department Personnel is covered in Police Department Procedures .
Approval for outside employment is granted by himself, or his
Assistant Chief and procedures contain specific guidelines with regard
to the conduct of the individual . This procedure is tightly regulated
and requires a that a written request be filed. It requires that the
employment not interfere with the individual' s job, or the capability
of the individual to perform his job duties . Once the employee has
met these guidelines, the outside employment will be authorized by the
Department and the employee instructed to file an affidavit of
disclosure with the Board of Ethics so that they may address the
conflict of interest situation. If proper purchasing procedures are
followed, in terms of the bidding process, this kind of business can
be addressed at that juncture .
Dennis Burger, Co-owner of these two companies, in response to a
question by Chairman Mertz as to how the public would know that Mr.
Knechtel were not using confidential information obtained in the
course of his employment as a Police Officer to obtain contracts
stated; That the products marketed by these two companies are general
products that are available through 8 different distributors in the
State of Michigan. They are not specially designed for just one
application. None of their products are solely procured by their
companies . They have focused on Police equipment because that is what
their business is . This is a business he has been involved in for 15
years . With respect to questions of how the phone bidding process
would be kept free of the appearance of a conflict Mr. Burger
responded that phone bids are given to the bidder with the best price .
The City writes the specifications, the bidder fills in the blanks
with respect to the price and the City accepts the lowest bid. He
confirmed that these two companies purchase their product line from
the same manufacturers as other companies in this line of business .
Mary Ellen Anastor, Purchasing Agent for the City of .Lansing said
that Mr. Knechtel and Mr. Burger are proposing to be able to make
presentations, which display certain products that are manufactured
by specific companies and that are manufactured by many different
companies, to the Purchasing Department . In response to questions
regarding the purpose of presentations being made to Purchasing agents
and what assurances are available that a City employee would not
receive preferential treatment, or, assurances that decision making
would not be affected by an individual' s status as an employee, Ms .
Anastor stated that it is easier and less time consuming for
Purchasing staff to have presentations made to them by representatives
of companies . And, that there are specific procedures developed for
solicitation of phone bids . City staff follows and documents these
procedures . Anyone is welcome to come to the Purchasing Office., at
any time, to review records on any particular purchase, phone bid, or,
sealed bid. In the case of phone bids, three quotes are solicited.
For products priced between $5, 000 and $15, 000 phone quotes are
allowed. Anything over $15, 000 is done by a sealed bid process . For
products between $5, 000 and $10, 000 bids can be obtained by either the
generating department or the Purchasing Department. Products costing
over $10 , 000 must be bid by the Purchasing Department . In the case
of tie bids, where all other givens are equal, the local company gets
the bid.
Public Member Cook stated that Mr. Knechtel is a private citizen,
as well as a Police Officer who has supplemental employment . He feels
that as long as Mr. Knechtel has met the requirements of the Police
Department and the Purchasing Procedures and because of his status as
a private citizen, he should be entitled to have his bids to do
business with the City considered.
City Attorney Smiertka asked Mr. Knechtel to come to his office
and he would issue an opinion as to whether or not he conforms to
State laws that regulate his doing business with the City. As to the
other issues of influencing specifications and on site sales, it is
up to the Ethics Board to develop rules to regulate these situations .
He informed the Board that there is a provision in the Purchasing
Ordinance that prohibits the stacking of bids .
Chairman Mertz asked Ms. Anastor what percentage of purchasing is
done at the level of $15, 000 and below. Ms . Anastor responded that,
statistically 80% of purchasing time is spent on 20e of the dollars .
Chairman Mertz asked Chief Boles what items are being purchased by the
phone bidding process for the Police Department . Chief Boles answered
that small items, such as flash lights are bought through phone bids .
Uniforms and bullet proof vests are bought on a yearly basis which
puts them in the $5, 000 to $15, 000 and above category and they are run
through the Purchasing Department . Typically phone bids are done by
a supervisor, or mid-level manager. Chairman Mertz asked Chief Boles
if the choice of vendors is up to those persons . Chief Boles
responded that they are not soliciting a product in terms of asking
someone to make something for them. They are usually buying a product
that is being marketed around the state . Chairman Mertz asked if
there are any rules prohibiting the giving of gifts or benefits to
Police Officers . Chief Boles answered that Police Officers are banned
from accepting gifts . Chairman Mertz asked Ms . Anastor if there are
any Purchasing rules that prohibit the giving of gifts or benefits by
vendors, or, are presentations ever made over lunch? Ms . Anastor
answered that Purchasing Agents are prohibited from accepting gifts
for dealing with vendors .
Public Member Isiogu stated that he would not like to see this
Board deny the City the advantages of doing business with these
companies, however, the Board needs assurances that procedures are
being properly followed in order to avoid the appearance of
impropriety and that is what we have been struggling with.
Chairman Mertz asked Mr. Knechtel to meet with City Attorney
Smiertka before the middle of March. The City Attorney will then be
able to give the Board his opinion of the legality of Mr. Knechtel
doing business with the City under State Law. That will allow the
Board to advise him further as to what he can and cannot involve
himself in. He cautioned Mr. Knechtel to not rely on former City
Attorney Knot' s opinion. There is a State Statute that regulates
whether or not he will be able to contract with the City. To the
extent that these contracts are not prohibited, the Board will develop
guidelines as to how he may do business with the City. He will
probably be limited in the circumstances in which he can contract for
City business .
City Clerk Slade said that the Board should look very hard at
phone bids, as it is not too difficult to find out which companies are
high on items and solicit bids from them and then go to the company
that they want to do business with to get the low bid.
Discussion followed in which the Board reviewed Mr . Knechtel' s
testimony and purchasing procedures used by the City. Particularly
the Board' s ability to formulate regulations to cover the City
contracting for business with Mr. Knechtel . The Board is responsible
for preserving his right to privacy on issues with which the City is
not concerned. The Board. can reserve the right to require that he
file disclosures on companies with which he proposes to do business
with the City of Lansing. The final decision on Opinion #18 was
deferred until the Board hears from City Attorney Smiertka as to the
State Statute at the March meeting. Chairman Mertz urged all Board
Members to take another look at the previous disclosures filed by Mr.
Knechtel .
NEW BUSINESS
Tom Downs Bill for Services 1-1-95 to 1-31-95 : Special Assistant
City Attorney Downs noted that the statement for these services
contains a lot of inked out information which is confidential and
should not be revealed to opposing counsel . A full copy of the
statement is on file with City Clerk Slade, however, it is
confidential information. He also noted that there are several items
listed on the statement as NC (no charge) . Work that is being done
over and above the approved budget is being done on a pro-bono basis .
Public Member Johnson requested that Mr. Downs continue to maintain
a detailed record of time spent on this case and expenses incurred so
that the Board has a record of it .
Motion by Public Member Cook to authorize payment for services in
the amount of $11, 490 . 70 to Special Assistant City Attorney Tom Downs
from Account #101-173902-743000-0 .
MOTION CARRIED 6/0
Chairman Mertz recessed this meeting of the Board of Ethics at
7 : 00 P.M. and reconvened the meeting at 7 : 10 P.M.
Executive Session: Motion by Public Member Johnson "that the
Board enter into closed/executive session for the purpose of
discussion on the conduct of a -former City employee. "
MOTION CARRIED 6/0
The Board of Ethics moved into closed/executive session at 7 : 15
P.M. The sealed minutes of this session are on file in the office of
the City Clerk.
Motion by Vice-Chairwoman Meissner to raise from closed/executive
session and return to open session.
MOTION CARRIED 6/0
The Board of Ethics rose from closed/executive session and re-
entered open session at 8 :45 P.M.
Motion by Vice-Chairwoman Meissner to adopt Formal Opinion #23 ,
and refer it to the City Attorney and/or the Special Assistant City
Attorney, with Mr. Downs report attached.
MOTION CARRIED 5/0, MEMBER ISIOGU ABSTAINING
ADJOURNMENT
Motion by Public Member Cook to adjourn.
MOTION CARRIED 6/0
Meeting adjourned at 9 : 35 P.M.
Respectfully submitted,
DEBORAH K. MINER
Recording Secretary
Date Approved:
95-02-22AO9:26 RCVD
4;0 .
C ITY OF LAN SING
INTEROFFICE COMMUNICATION
David C. Hollister, Mayor
TO: Marilyn Slade, city Clerk DATE: 2/20/95
FROM: Jack A. Nelson, Manager of Building office ,- /�l
SUBJECT: BOARD OF ETHICS COMMITTEE
Attached please find a request for opinion to the Board of Ethics Committee. Please
forward the necessary copies to the committee members.
Thank you for your assistance.
JAN:kw
CITY OF LANSING
L INTEROFFICE COMMUNICATION
David C. Hollister, Mayor
TO: City of Lansing, Board of Ethics DATE: 2/16/95
FROM: Jack A. Nelson, Manager of Building Office
SUBJECT: REQUEST FOR OPINION
The Building Safety Office is requesting the Ethics Board to consider the following
issue which is a collateral issue to Opinions 12 and 19 which were previously
addressed by the committee.
The Department is requesting the board to review state statutes, the City Charter
and the City's Ethic Ordinance to determine if the action disclosed will give rise to
a conflict of interest.
It has come to my attention that Mr. Larry Howison who is employed by the City of
Lansing, in the capacity of Code Compliance Officer, is also conducting an electrical
business commonly known as Howison Electric.
Code Compliance is a division of the Department of Planning and Neighborhood
Development. A Code Compliance Officer's primary responsibility is to enforce the
City of Lansing Uniform Housing Code. Mr. Howison does not inspect electrical
installations as part of his normal work functions.
According to the Departments records electrical permits have been issued to Howison
Electric for electrical work within the jurisdictional limits of the city, under
Mr. Howisons' master license.
As the Manager of the Building Safety Office I am requesting an opinion whether
Mr. Howison can be employed as a Code Compliance Officer and simultaneously have
an electrical business. That is to say, does the action give rise to a conflict of
interest when electrical work is being accomplished under his masters license in the
City of Lansing and does the action give rise to a conflict of interest when electrical
work is being accomplished under his license outside the jurisdictional limits of the
City of Lansing.
It is my understanding that Mr. Howison holds the master electrician license and his
son who has a journeymans license performs the work. The State statue requires
that a master electrician obtain electrical permits. Mr. Howison is not conducting
private business on city time, nor is he involved in inspecting the work.
JAN:kw
cc: Dennis Sykes, Director
Planning & Neighborhood Development
95-02-22AO 9 :25 RCVD
CITY OF . LANSING
INTEROFFICE COMMUNICATION
David C. Hollister, Mayor
TO: Marilyn Slade, City Clerk DATE: 2/20/95
FROM: Jack A. Nelson, Manager of Buildin2 Office
SUBJECT: BOARD OF ETHICS COMMITTEE
Attached please find a request for opinion to the Board of Ethics Committee. Please
forward the necessary copies to the committee members.
Thank you for your assistance.
JAN:kw
CITY OF LANSING
' INTEROFFICE COMMUNICATION
David C. Hollister, Mayor
TO: City of Lansing, Board of Ethics DATE: 2/16/95
FROM: Jack A. Nelson, Manager of Building office
SUBJECT: REQUEST FOR OPINION
The Building Safety Office is requesting the Ethics Board to consider the following
issue which is a collateral issue to Opinions 12 and 19 which were previously
addressed by the committee.
The Department is requesting the board to review state statutes, the City Charter
and the City's Ethic Ordinance to determine if the action disclosed will give rise to
a conflict of interest.
It has come to my attention that Mr. Larry Howison who is employed by the City of
Lansing, in the capacity of Code Compliance Officer, is also conducting an electrical
business commonly known as Howison Electric.
Code Compliance is a division of the Department of Planning and Neighborhood
Development. A Code Compliance Officer's primary responsibility is to enforce the
City of Lansing Uniform Housing Code. Mr. Howison does not inspect electrical
installations as part of his normal work functions.
According to the Departments records electrical permits have been issued to Howison
Electric for electrical work within the jurisdictional limits of the city, under
Mr. Howisons' master license.
As the Manager of the Building Safety Office I am requesting an opinion whether
Mr. Howison can be employed as a Code Compliance Officer and simultaneously have
an electrical business. That is to say, does the action give rise to a conflict of
interest when electrical work is being accomplished under his masters license in the
City of Lansing and does the action give rise to a conflict of interest when electrical
work is being accomplished under his license outside the jurisdictional limits of the
City of Lansing.
It is my understanding that Mr. Howison holds the master electrician license and his
son who has a journeymans license performs the work. The State statue requires
that a master electrician obtain electrical permits. Mr. Howison is not conducting
private business on city time, nor is he involved in inspecting the work.
JAN:kw
cc: Dennis Sykes, Director
Planning & Neighborhood Development