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HomeMy WebLinkAboutLindemannPatrick Affidavit Disclosure 1989 (2) r October 20 , 1989 Council President Blair and Members of the Lansing City Council loth Floor , City Hall Lansing , Michigan 48933 Dear Councilmembers : Attached herewith for your information is an Affidavit of Disclosure from Patrick Lindemann, First Ward Councilmember . Sincerely, Rita M. Bauman City Clerk REFERRED TO THE BOARD OF ETHICS CITY OF LANSING BOARD OF ETHICS T0: OFFICERS AND EMPLOYEES WHO FILED DISCLOSURES OF CONFLICTS OF INTEREST PRIOR TO MARCH 11 1989 The Board of Ethics has attempted to review a disclosure of t 'pled by you. Your disclosure contains a conflict of interest - however. To assist insufficient information to allow such,ieeaeb' law, the Board of you to make the full disclosure required y Ethics has adopted a revised o o fuse or use his in disclosing fo1icany While you are not required ` for disclosure you file must contain the ;�?fO`�'Gion with blank nform Enclosed is a copy of vour original filing , g with instructions , which you are requested to complete and resubmit Clerk as soon as possible. to the City contract with the Ci_y, he If vou_r disclosure pertains to a t MCL 15 .323 ( c) . To ..ne MU contain the information required by ;t must meet ertains to other government decisions , "Blanket extent it p disclosure. Charter rern=i rements for a fu11 and complete charter do not comply with either state law or Tare required disclosures" t Ofr; cers and employees are and ordinance Tequirements. specific transacuion to r-1e a separate disclosure for each po�ential con`lict of in merest before any involving an actual or - Iso indicate dealing with the City 6-akes place. A disclosure Teso mve � he d-sclosed how the oi_icer or employee =ntends �o conflict. t completing and returning the Your Cooperation in promptly y ' enclosed form v,ill be appreciated. THE ;,ANSING BOARD OF ETHICS �l F 1 1 CITY OF LANSING TO: [K] CITY CLERK �] CITY ATTORNEY �] MAYOR [K] CITY COUNCIL PRESIDENT I ] DEPARTMENT HEAD AFFIDAVIT OF DISCLOSURE OF CONFLICT OF INTEREST STATE OF MICEIGAN) COUNTY OF Ingham ) Patrick Lindemann , being duly sworn, says under oath: 1. I am an elected or appointed officer or employee of the Ci ty of Lansing, holding the position of First-Ward Councilmember in the Lansing City Council Department. This position is: [ ] Fulltime Part-time ( less than 25 hours/wk) [ ] Unpaid. 2. [ ] I, and/or I ] my a member of my immediate family as defined in Ordinance 290. 02 U) , and/or [ ] Caster and Associates , a business with which I an associated as defined in Ordinance 290. 02 (b) , ( c) and (d) : [ ] 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 secrment 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 resolution dealing with the Parking Package being passed on October 23, 1989, the naraQranh regarding the purchase of properties involved, and what is described as, the Triangle, boardering Grand River, Kalamazoo Street, Grand Avenue and Washtenawe Street. The financial benefit will be received by the following persons in the following amounts: Jim Caster — Broker of Caster and Associates Amount Unknown fit] I will not mare 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: N/A [ ] 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 sera,-ices .involved, the nature and degree of assignment of government emplovees for ful-fillment of dealings, and the nature of any pecuniary interest): N/A --. 2 ] I will not make or participate in the making of a_overnmentaI decisions concerning the business dealings, or [ ] interest I am able to make or Despite the conflict of , participate in the making of governmental decisions concerning the business dealings fairly , objectively, and in the public interest because: N/A [ ] may derive income or benefits , either directly or c. indirectly, in addition to official remuneration, as a result of Council action. The action involved is described as follows: _ N/A The income or benefits , in addition to of=icial remunerat or., -what will be derived, either direc= y , or indirectly is descrlp�Q l as follows: N/A �] I will not make or participat-e in the making or the affected decision, or } I am able to make cr [ ] Despite the con_lict of i nteres" ,n the making of the affected decision fairly, participate N/A objectively, and in the public interest because: [ ] d. may derive income c_ benefits , either directly cr 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 cf 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 N/A contract, and the nature of any pecuniary interest) : ] I v,,; Il not make or partyciLaue 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: N/A [ ] 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 =nterest that COnfllCtS with the public 4 interest is described as follows• a member of a Real Estate firm that I belong to has interest inone of the parcels on the nrooerty in the aforementioned described paragraph. that the personal interest conflicts with is The public interest described as follows: N/A [� 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: N/A 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 . I hereby certify that this disclosure is complete and accurate to the best of my .knowledge, in'Lormation and belief. 5 . I hereby certify that I have not solicited or entered th the C_ty of Lansing prior to into any agreement filing t..i s ki of iaaV1t. The foregoing Affidavit of Disclosure of Conflict of Interest was executed on the 20th day of 0 er 89 Subscribed and sworn before me the ;c day of QGTa�E/¢- 19—E. 7i,�Z741 ,.ary Pub, is F.P.:DALS.N�'OLFi,S eputy Clerk Notary Public, Climcr. -Michipri C011nty , 1iiChl�Jan P.ctin.in Ingha,1 CountN j My Commission apires Feb,ary 7, 199M y Commission E xv i r e s: FOR CITY CLERK/CITY ATTORNEY USAGE DATE FILED: COPIES SENT TO: j ] Mayor [ ] City Council President IJ Depar=ent Head I J Board of Ethics ON: BOARD OF ETHICS ACTION ON: [ ] Accepted j ] Rejected OPINION NO. 6 IKSTRU=_IONS FOR COMPLETING AFpIDAV?'-' UTHORIZED FOR USE FOR ALL DISCLOSURES OF THIS FORM IS A 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 GIVENUNDER pF,mg, THERE MAY BE EMPLOYMENT , CIV_L AND/OR CRIMILVAL SANCTIONS ALSE OR MISLEADING DATE OR STATEMENT IMPOSED UPON ANYONE MAFING A F ON TEIS FORM. 1 , Question 1 asks for identifying information. 2 . Question 2 asks for details of the conflict Of interest. } describe your Choose the alternative or alternatives that com le-eiy . situation, and comple�e the applicable sections ) P 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. r financial conflicts of interest should be filed Disclosures o� *ith the City Clerk. Disclosures of nor_f'_nancral conr-�icus c: A�tcrney . Two copies of interest should be filed wi th the C 'Y , -v Clerk or the your Affidavit should also be supplied =moo the C �. -moo the City Attorney so that it can also be sent, as approprlater City Council President and your Department Bead, N;aycr or y applicable. After filing, your form will be reviewed by the Board of ��o sta��e law , the chaste- Ethics for completeness and conformi_y You will be advi sed if any and any applicable ordinances. action � s rern,ired. it further additional information or - you_ filing- Generally r the review will occur wi th�.n 2-4 weeks of Tr seedier review is recru_redr please indicate the dace your e re6uest, in a separate is needed by and your reasons for th letter filed with your affidavit. COMMONLP AS D 9 ESTIORS l, Why do I have to f ill out this f o=:m? Both State law and local charter pZ-cv.5 5icn5 reQL'.re t=Tne-'y full and complete disclosure, in writing, of actual and ^poten�_al ccnf li c��s of interest. These prov�sjons have been _Ln e__ec� since the mid and late 157Us. 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 a a particular meeting , the governing body may determine by vote of an affirmative majority of disinterested members if a conflict exists which recuires or permits a member to be excused from vo-ing. At -he very least, the nature of the conflict and the reasons for excusal or nonexcusL, froir, voting should always appear in the record of -he meeting. An Affidavit of Disclosure must then be filed as soon as practibie after the meeting . 3. Does a person have to file an Affidavit of Disclosure on each transaction in which '-...hey are or may be in conflict, or may the Affidavit be generic in nature? An officer or employee must rile an AfLidavi t of Disclosure on each separate transaction that involves a financial con__ict. 4. What level of detail satisfies the reo7uirement to folly disclose a conflict of interest? state law, the Charter and Conflict of Interest O_dirance require complete and specific details in order to satisfy the reuiremen=t of a Lull disclosure. The form is designed so that =_ c ^ally completed, it will satisLy the disclosure requirement. 5. Is the pu--pose of the Affidavit of Disclosure to serve notice that I am unable to speak or vote on a matter, or does it simply sez—ve as notice to other pa_-ties in the decision making process that I have a self interest as opposed to a public one? Both. in the appropriate case, 1t aiso not" `les a governing body (and the public) , on the record, why the officer orremplovee with the conflict believes he or she can, in ii gh- of the conflict, the matter fa yrly, make or participate in making a decision on 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 . s21 et sec. , entitled, "Contracts Of Public Servants With Public Entities" . As a general rule, state law prohibits a full time officer or employee from havina direct business dealings kith 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 adviscry-opinion from the - r Board of Ethics based on the facts of their speci=ic situation, they are uncertain about what rules apply to them, e_ about what they are required to oc to resolve a conflict or interest. S. Who an I allowed to communicate with about this matter, once I have filed an Affidavit of Disclosure? Ir 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 lthe item in conflict in any way, shape, or form, either directly or indirectly, either in furtherance of your public responsibilities or of VOLT 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. October 20 , 1989 Council President Blair and Members of the Lansing City Council loth Floor , City Hall Lansing , Michigan 48933 Dear Councilmembers : Attached herewith for your information is an Affidavit of Disclosure from Patrick Lindemann, First Ward Councilmember. Sincerely, Rita M. Bauman City Clerk REFERRED TO THE BOARD OF ETHICS CITY OF LANSING BOARD OF ETHICS TO: OFFICERS AND EMPLOYEES WED 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 reauirements . Officers and employees are required to file a separate disclosure for each suecific transaction involving an actual or potential conflict of intLerest 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 CITY OF LANSING TO: [K] CITY CLERK [X] CITY ATTORNEY R] MAYOR JK] CITY COUNCIL PRESIDENT [ ] , DEPARTMENT HEAD AFFIDAVIT OF DISCLOSURE OF CONFLICT OF INTEREST STATE OF MICHIGAN) COUNTY OF Ingham ) Patrick Lindemann , 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 First-Ward Councilmember in the Lansing City Council Department. This position is: [ ] Fulltime Parttime (less than 25 hours/wk) [ ] unpaid. 2. [ ) I , and/or my , a member of my immediate family as defined in Ordinance 290. 02 (i) , and/or [ ] Caster and Associates , a business with which I am associated as defined in Ordinance 290. 02 (b) , ( c) and ( d) : [ ] 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 resolution dealing with the Parking Package being passed on October 23, 1989, the paragraph regarding the purchase of properties involved, and what is described as, the Triangle, boardering Grand River, Kalamazoo Street, 'Grand Avenue and Washtenawe Street. The financial benefit will be received by the following persons in the following amounts: Jim Caster -- Broker of Caster and Associates Amount Unknown ;] I will not mare 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: N/A [ ] 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 emr)lovees for fulfillment of dealings, and the nature of anv pecuniary interest) : N/A -__ 2 (g] 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: N/A [ ] 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: _ N/A The income or benefits , in addition to official remuneration, that Will be derived, either directly or indirectly, is described as follows: N/A [X] 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: N/A 3 I 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) : N/A T will not make or participa,_e in the making of q_overnmental 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: N/A [ ] 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: a member of a Real Estate firm that I belong to has interest in one of the parcels on the property in the aforementioned described paragraph. The public interest that the personal interest conflicts with is described as follows: N/A [�] 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: N/A 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 . 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 ty of Lansing prior to filing this into any agreement with the Ci affidavit. 5 The foregoing Affidavit of Disclosure of Conflict of Interest was executed on the 20th day of 0 er , 89 Subscribed and sworn before me the day of knvo .FA- 19 . teary Public RA;dDALS.Vt'OLFFIS eputy Clerk Notary Public, Clinten Ccuciy,Michigan County, Michigan Actin,in Irahan Caaaty My Commission Expires Febmary 7, 199M y C ommi s s i o n Expires: FOR CITY CLERK/CITY ATTORNEY USAGE DATE FILED: COPIES SENT TO: [ ] Mayor [ ] City Council President [ ] Department Head [ ] Board of Ethics ON: BOARD OF ETHICS ACTION ON: [ ] Accepted [ ] Rejected OPINION N0. 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 conies of vour 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 practibie after the meeting . 3. Does a person have to file an Affidavit of Disclosure on each t=ansaction 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 i f 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. C. 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 emplovees who contemplate being a party to a contract with the City are referred to MCL -15. 321 et sec . , entitie;f, "Cont With Of Public Servants ith Public Entities" . As a general rule, state law prohibits a full time officer or emplovee 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 emplovee may seek an adviscry opinion from the : r Board of Ethics based on the facts Of their specific sitaatior., they are uncertain about what rules apply to them, cr about what they are required to do to resolve a conflict of interest. S. Who am I allowed to communicate with about this matter, once I have filed an Affidavit of Disclosure? � F you have a conflict of interest, whether or not you have riled an Affidavit of Disclosure, you may not officially or unofficially participate in the discussion or consideration of y�he item in conflict in any way, shape, or form, either directly or indirectly, either in furtherance of your public reSDOIlSibilltie5 Cr Of vOL'r 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 -tal en on behalf of the matter in which I have a conflict of interest? No.