HomeMy WebLinkAboutLillyRick Affidavit Disclosure 1994 City of Lansing - Board of Ethics
TO: Rick Lilly, Council Vice President
FROM: Marilynn Slade, Secretary, Board of Ethics
DATE: January 6, 1994
SUBJ: Recusal on Dept. of Transportation Issues
At the December 28, 1993, meeting of the Board of Ethics, the board directed me to write to you and
request a copy of the Department of Transportation policy that requires you to recuse yourself from
voting on issues relating to the Department.
The board needs this information to respond to your 5/17/93 request to City Attorney Knot for an
opinion relative to recusals based on employment status. The City Attorney referred this issued to the
Board for response.
It would be appreciated if we could receive this information for our January 25, 1994, board meeting.
Thank you for your assistance.
(517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 48933-1695
CITY OF LANSING
AFFIDAVIT OF DISCLOSURE
OF
CONFLICT OF INTEREST
TO: [ ] CITY CLERK or
[ ) CITY ATTOR14EY and
( ] MAYOR and , DEPARTMENT HEAD or
( ] CITY COUNCIL PRESIDENT
(Name) Am being duly sworn,
says under oath:
1. I am an elected or appointed officer or employee of the
City of Lansinq, holding the position of (Title)
GBu.+ru�F _
in the �Ty U�IG/G
Department. This position is : [ ] Ful-1time Parttim`o
[ ] ( less than
25 hours/wk) [ ] Unpaid.
2. [ ) I , [ ] and/or my (Relationship)
VV ,
I ' a member of my immediate family as defined in Ordinance 290. 02 ( 1 ) ,
( ] 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 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 ) :
;and/or
( ] c. may derive income or benefits , either directly or
,indirectly, in addition to official remuneration, as a result of
gCouncil 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
11;27/89
;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 :Mom
The public interest that the personal interest conflicts with is
described as follows : N d
�V ,�ocgl rc�
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
S. 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 Zj� — day of d&M/SEX_ , 19 f3 .
Subscribed d sworn before me the day of
19 in County, Mich ' an -
Notary Public/or
Deputy Clerk
County, Michigan
My Commission Expires :
DEBORAH K. MINER
Notary Public, Eaton County, MI
Acting in Ingham County,Michigan
My rnmm FYpirac Eah 90 199E
FOR CITY CLERK/CITY ATTORNEY USAGE
DATE FILED:
COPIES SENT TO: --['] Mayor
City Council President
[ ] Department Head
-{-} Board of Ethics
DATE SENT: I CG- [9 _q3
BY: rn-Va .!
1
4
City of Lansing - Board of Ethics
TO: Rick Lilly, Council Vice President
FROM: Marilynn Slade, Secretary, Board of Ethics
DATE: March 23, 1994
SUBJ: Recusal on Dept. of Transportation Issues
On January 6, 1994, I wrote you to request a copy of the Department of Transportation policy dflat
requires you to recuse yourself from voting on issues relating to the Department.
The board needs this information to respond to your 5/17/93 request to former City Attorney KncL for
an opinion relative to recusals based on employment status. The City Attorney's Office referred this
issued to the Board for response.
If you still wish the Board to respond to your 5/17/93 request, we need this information. Our next
Board meeting is scheduled for April 19, 1994.
Thank you for your assistance.
(517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 48933-1695
Michigan anDepart
o SUPPLEMENTAL EMPLOYMENT REQUEST
of Tr
971 (10/87) Approval to engage in employment supplement to Michigan Department Y�
of Transportation work, is herewith submitted (check one): �
New Application ❑ Change of Application ❑ Renewal
If approved, this request expires 12 months from approvalydate•'� L 1
INSTRUCTION: Carefully read and complete this form.
DISTRIBUTION: Original —Personnel File, Copy— Employee, copy—Division
EVIIYEE NAME SUPPLEMENTAL EMPLOYER NAME
cy -- Lim � c -
SUPPLEMENTAL EMPLOYER RELATION TO MDOT: C� �a
DUT ES, HOURS, T A EL, SKILL RE IRED:
wvG AG /1l llS/!JY . t11
0"VA -
,Z Y1W Lli`C
1. This request is made and reviewed pursuant to the provisions of ` ��lGri
(Insert applicable contract provision or Civil Service Rule.) .SGL� +'�l L �J
2. No state owned equipment or material will be used during the supplemental employment.
3. The supplemental employment does not include any work or project which requires, or may require, approval by the
Michigan Department of Transportation.
4. The office of Human Resources may review my supplemental employment at any time after approval, should a conflict
or apparent conflict with my departmental duties arise. I may be requested to and will provide information related to that
review.
5. Approval of my supplemental employment may be terminated, upon reasonable notice and appropriate cause, including,
but not limited to; recognition of a conflict between my state and supplemental employment; a change in the supplemental
employment which results in a conflict with my state employment: a change in my state employment which results in a
conflict with my supplemental employment; or failure to notify my Appointing Authority promptly of any change in my
supplemental employment.
acknowledge I have read and understand the above provisions and terms
pertaining to my appl cation for and the approval of my supplemental employment request.
I agree to abide by the above stated restrictions on any supplemental employment I engage in. I have read DR 1600.02 ER,
Supplemental Employment, and this request accurately provides the information required by DR 1600.02 ER.
DATE
SIGN —UfaF
TYP OR PRINT NA IE• CIVIL SERVICE CLASS
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-� e'fs CITY OF LANSING
Ll
_ Interoffice Communication
3/16/93
9:32 AM
TO: Alvan P. Knot, City Attorney y
FROM: Rick Lilly, Councilmember,Lansing City Council h�
SUBJECT: Disclosure of Conflict of Interest
HAND DELIVERED
In accordance with Chapter 5-505 of the Lansing City Charter, I am informing you of
a conflict of interest which I have regarding a member of the Elected Officers
Compensation Commission. I have recently begun negotiations with Mr. Todd A.
Derby of Derby&Associates, a marketing consulting firm, for various services
regarding my upcoming campaign. Mr. Derby is also a member of the Elected
Officers Compensation Commission.
While I have not yet signed a contract with Mr. Derby (nor have I yet been
interviewed by the Commission), I have given Mr. Derby a verbal commitment.
This was done on Sunday, March 14, 1993. Consequently, I will not vote on any
recommendation which is forthcoming from the Compensation Commission.
I would also request from you an opinion regarding my participation in the
interview process now being conducted by the Commission. The Charter states:
"Except as provided by law,no elective officer. . . may participate . . . upon any
matter if a conflict exists." My interview with the Commission is set for this coming
Monday, March 22, at 5:45 p.m., so I would appreciate your advice prior to that time.
Unless otherwise instructed by you, I shall interpret the Charter literally and not
participate in the interview.
Thank you for your consideration of this matter.
fek
cc Members, Elected Officers ompensation Commission
Members, Ethics Board
Members, Lansing City Council
Printed on Recycled Paper
CITY OF ."L SI G
�` ' interoffice Corn�rthunication—
'Sr? 11RH
3/16/93
9:32 AM
TO. Alvan P. Knot, City Attorney
FROM: Rick Lilly, Councilmember, Lansing City Council
SUBJECT: Disclosure of Conflict of Interest
HAND DELIVERED
In accordance with Chapter 5-505 of the Lansing City Charter, I am informing you of
a conflict of interest which I have regarding a member of the Elected Officers
Compensation Commission. I have recently begun negotiations with Mr. 'Todd A.
Derby of Derby &Associates, a marketing consulting firm, for various services
regarding my upcoming campaign. Mr. Derby is also a member of the Elected
Officers Compensation Commission.
While I have not yet signed a contract with Mr. Derby (nor have I yet been
interviewed by the Commission), I have given Mr. Derby a verbal commitment.
This was done on Sunday, March 14, 1993. Consequently, I will not vote on any
recommendation which is forthcoming from the Compensation Commission.
I would also request from you an opinion regarding my participation in the
interview process now being conducted by the Commission. The Charter states:
"Except as provided by law, no elective officer . . . may participate . . . upon any
matter if a conflict exists." My interview with the Commission is set for this coming
Monday, March 22, at 5:45 p.m., so I would appreciate your advice prior to that time.
Unless otherwise instructed by .you, I shall interpret the Charter literally and not
participate in the interview.
Thank you for your consideration, of this matter.
fek
cc: Members, Elected Officers Compensation Commission
Members, Ethics Board
Members, Lansing City Council
Printed on Recycled Paper
�p
Air
jE)k CITY OF LANSING
V� Interoffice Communication
;..IX
: -
3 / 26 / 93
12:04 PM
TO: Marilynn Slade, City Clerk
f�L
FROM: Francesca Knot, Senior Legislative Assistant
City Council
SUBJECT: Attached letter from Mr. Derby
Attached is a copy of a letter I received from Mr. Derby, of the Elected Officers
Compensation Commission, which I am forwarding to you for distribution to the
Board of Ethics.
Thank you.
Attachment
Printed on Recycled Paper
f
SUGIATFS
3222 S. LOGAN - LANSING, b11 48910
(517) 987 - 112o1
MEMORANDUM
To: Alvan P . Knot, City -Attorney
F m: Todd Derby, Member Elected Officers Compensation Commission
Re : Disvlvsure of a possible conflict of interest .
Date : March 25, 1993
I 'm informing you of a possible conflict of interest which I may
have with a current member of the Lansing City Council . Mr . Rlc;k
Lilly and myself have started conversation regarding Mr , Lilly
hiring my marketing fizin, Derby & Associates, to assist in his
upcoming (;arnpolyrl .
In accordance with the Lansing City Charter, I may have a possible
conflict of interest because of my involvement as a member of the
Elected officers compensation commission. While I have not yet
signed a contract with Mr . Lilly, Mr . Lilly has made a verbal
commitment to hire Derby & Associates .
Consequently, Mr . Lilly, because of his conflict of interest, did
not and will not parLicipaLe in the interview process with the
Elected Officers Compensation Commission , Mr . Lilly has also stated
that he will not be voting on any recommendation that Comes from
this committee because of the conflict of interest .
Effective April 5, the Elected officers Compensation Commission
will be meeting and start deliberating on a recommendation, it any.
I would request an opinion regarding my participation as a member
of the Elected officers Compensation commission .
The Elected officers Compensation Commission is not deliberating on
pay for Mr . Lilly, but the person that 15 going to win the election
this fall . The Elected Officers Compensation Commission 15
reviewing the status of the job, not the individual that holds the
job.
Thank you for your consideration in this matter .
CC: John Mertz, Chairman, Ethics Board
CONII'LETE: h . G SERVICES
City of Lansing - Board of Ethics
TO: Councilmember Rick Lilly A
FROM: Marilynn Slade, Secretary, Board of Ethics `��A 'Mai-e '
DATE: November 22, 1993
SUB7: Affidavit of Disclosure of Conflict of Interest-"Build Michigan" Program
The Board of Ethics reviewed your Affidavit of Disclosure of October 18, 1993, at its meeting of
October 26, 1993.
We appreciate your bringing this to our attention. The Board will schedule your Affidavit for
discussion at its earliest opportunity. In the interim we suggest you refer to Council Rule 14, which
sets out the requirements for recusal on issues before the Council, and insure that you have met these
requirements.
(517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, M148933-1695
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) Alex Z'/Uy 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) Geu�lC/�FA1�33�:i
in the &C e&
Department. This position is : [ ] Ful-ltime [ ] Parttime ( less than
25 hours/wk) [ ] Unpaid.
po� 2. [ ] I and/or m (Relationship)
V 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:
rand/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) :
;and/or
[ ] C. may derive income or benefits , either directly or
`indirectly, in addition to official remuneration, as a result of
ACouncil 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 :
it ;and/or
Oex' [ ] 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
11/27/89
;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 :
8v
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 ire — day of demex 19 y? .
Subscribed and sworn before me the 4.- day of ,
19 ej-%, in r1A County, Mich ' an
Notary Public/or
Deputy Clerk
County, Michigan
My Commission Expires :
DEBORAH K. MINER
Notary Public, Eaton County, MI
Acting in Ingham County,Michigan
My Comm Expires Fah 20r-
19W —
FOR CITY CLERK/CITY ATTORNEY USAGE
DATE FILED:
COPIES SENT rl'0 : `T] Mayor
City Council President
[ ] Department Head
--{-}. Board of Ethics
DATE SENT: 1 I " /19 `(j j
BY: nY •fi fait
4
CITY OF LANSING
AFFIDAVIT OF DISCLOSURE
OF,
CONFLICTS OF INTEREST
(Adopted 2/27/89 )
NOTICE
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.
INSTRUCTIONS FOR COMPLETING AFFIDAVIT
1 . Question 1 asks for identifying information.
2 . Ouestion 2 asks for details of the conflict of interest.
Choose the alternative or alternatives that describe your
situation, and complete only the applicable section( s ) completely.
Incomplete information will delay review of your filing by the
Board of Ethics .
3 . Questions 3 to 6 apply in all cases .
4 . The completed form should be dated and executed, and your
signature notarized.
5 . 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.
6 . 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.
NINE COMMONLY ASKED QUESTIONS
ABOUT DISCLOSING CONFLICTS OF INTEREST
1. Why do I have to fill out this form?
Both state law and local charter provisions -require timely,
i
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 .
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?
s
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 in most
cases .
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
ii
y
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,
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 seg. , 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 . Copies of
the Charter and Ordinance are available from the City Clerk.
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 D-;_sclosure?
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 .
i_ii
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.
iv