Loading...
HomeMy WebLinkAboutRuge John Affidavit of Disclosure 1993 CITY OF LANSING AFFIDAVIT OF DISCLOSURE OF CONFLICT OF INTEREST TO: CITY CLERK or [ ] CITY ATTORNEY and C [ ] MAYOR and DEPARTMENT HEAD or [ ] CITY COUNCIL PRESIDENT (Name) `� ON � � R J , being duly_sworn - says under oath: 1. I am an elected or appointed officer or employee ofithe City of Lansing, holding the position of (Title) ,r e v-%toiy' in the P -IIn cj D . Department. This position is : [ ] Fulltime [ ] Parttime ( less than 25 hours/wk ) [ Unpaid . and/or my (Relationship) 2. 11 1 , y 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) Xa. 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 : PPi'�v I 1 � � c�clL1" �r L �, ✓rS �Ci The financial benefit will be received by the following persons in then following amounts : �1e'v�vtL� �� L�C, � �,;� ti1� bo-lti41-t- loy CA:t"P i^l;V l�1 1 c G �r�-e�t �•V G\(Jr L''\" ��t'•f�: �,�1�L'•y'+"'� �U � � J �i��- s ��1"_ S el lctr y 15C v'���v�-t-��l zVf �( Cy D��^ �lLck2'` ;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 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 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 4nterest 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) X 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 8 ttUt day of U C -t-c�Lj t? ,f- 19,)3 . Subscribed and sworn before me the day of 19Qr2, , in 4_ (ftr^n County, Michigan 1 r- Sc.hnezbr(�C� , Notary Publics/or Deputy Clerk Z��Cell Cfl� County, Michigan My Commission Expires : Lo -3-q3 FOR CITY CLERK/CITY ATTORNEY USAGE DATE FILED: � -9 COPIES SEFT TO: --F-] Mayor - ] City Council President [ ] Department Head Board of Ethics DATE SENT: -C13 B Y: VU S4 Ck 4 November 22, 1993 11 -22-93PO4 : 09 RCVD John Mertz , Chairman Board of Ethics City of Lansing 9th Floor 124 W. Michigan Ave. Lansing MI 48933 Dear Mr. Mertz and Board Members: In a recent decision, the Lansing Board of Zoning Appeals voted to approve the variance in lot size from the zoning in the area that included that lot known as 317 W. Kilborn. During that vote, one board member, Joan Sheldon, voted to approve the variance. As well as being a member of the Lansing Board of Zoning Appeals, Mrs.Sheldon also sits on the Board of Directors of the Downtown Neighborhood Association, which had sent a letter in support of the variance, even knowing that many of the immediate neighbors of the property were opposed to the variance, the purpose of which is to allow the movement of a house from 1022-1024 North Seymour to this site. While the proposed variance is a violation of the Willow-Pine Master Plan, I am more concerned that Mrs. Sheldon did not see fit to recuse herself from this vote. Her presence on both boards seems, to me, to present a conflict of interest as to her duty to the city versus her duty to the neighborhood association. It also begs the question of whether she has used her position on the Lansing Board of Zoning Appeals improperly as regards the Michigan State Constitution of 1963 , as amended, which, in part states that "No public officer shall divulge confidential information acquired in the course of their public duties to an unauthorized person in advance of the time prescribed for its authorized release to the public. " While I am not saying that I know this occurred, I do question whether any information from the staff report was used to assist the Board of Directors of the Downtown Neighborhood Association was used in helping them arrive at their decision to support this variance. It would also seem to me under Article 5, Section 5-505. 2 , Mrs. Sheldon had a conflict between her personal interest as a Board member of the Downtown Neighborhood Association and her public duty as a member of the Lansing Board of Zoning Appeals. And, although she was questioned by Assistant City Attorney John Roberts to some extent on the subject, he did not suggest she recuse herself, and she did not ask to be recused. I wish to Lansing Board of Ethics would express their opinion on this matter, as there are many cases where persons who are appointed to various boards and commissions of the City also sit as officers of groups, associations and organizations which have Page 2 business before the boards and/or commissions on which they sit, and those same members do not usually see fit to recuse themselves or announce the potential for conflict to their fellow board or commission members, so that the board or commission might decide as to whether the member in question might recuse themselves. Thank you again for your time. Sli nc erely, Paul M. Scott 412 W. Kilborn Lansing MI 48912 517-372-7513 Home 571-655-3193 Work City of Lansing - Board of Ethics November 23, 1993 Ms. Joan Sheldon 726 Seymour Lansing, MI 48906 Dear Ms. Sheldon: This is to inform you that the Board of Ethics has received a complaint against you alleging that you may have a conflict of interest under the city's ethics ordinance. A copy of this complaint is attached for your information. In order for the board to proceed, please provide a written response to this complaint for the board. Should you desire to attend, our next board meeting is scheduled for Tuesday, December 28, 1993, in the loth Floor Committee Room, City Hall. Sincerely, Marilynn Slade, Secretary ATT: Paul Scott Letter (517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, M148933-1695 Lansing's NEIGHBORHOOD COUNCIL r, 1801 West Main Street Lansing, MI 48915 517/372-6290 October 27, 1993 Marilynn Slade City Clerk's Office Lansing, MI 48933-1695 Re: Conflict of Interest Dear Ms. Slade, This letter is in response to your letter of October 14, 1993, and our phone conversation of October 19, 1993. As noted during our conversation, my husband has filed an affidavit of conflict of interest regarding Lansing Neighborhood Council matters. Furthermore, all budget concerns for the Lansing Neighborhood Council, will be addressed by our board president, Mary James. Finally, I would like to note that City Council approves or denies funding for Lansing Neighborhood Council, not the Planning Board. If I can be of further assistance in clarifying this matter, please contact me. Very Truly Yours, /ennifer M. Grau, Director Lansing Neighborhood Council 06 Printed on Recycled Paper CONTRACT BETWEEN THE CITY OF LANSING _ AND LANSING NEIGHBORHOOD COUNCIL THIS CONTRACT, entered into this lst day of October , 1993 , effective from October 1, 1993 through September 30, 1994 , and by and between the CITY OF LANSING, a municipal corporation, organized and existing under the laws of the State of Michigan, through its Development Division, and Lansing Neighborhood Council, a non-profit organization, organized and existing under the laws of the State of Michigan, hereinafter called the "Contractor" . WITNESSETH THAT: WHEREAS, the City of Lansing, through the Lansing Police Department, desires to engage the Contractor to perform certain services and activities; and, WHEREAS, the Contractor agrees to perform such services and activities in a lawful, satisfactory and proper manner and in accordance with all policies, procedures and requirements which have been or, from time to time, may be prescribed by the Lansing Police Department. NOW, THEREFORE, the City of Lansing and Lansing Neighborhood Council do mutually agree as follows: 1. Protect Objective (s) . The project objective (s) of this Contract are herein established as the standard(s) to be used by the City of Lansing to determine the impact and effectiveness of the service (s) and activity(ies) to be performed by the Contractor under Section 2 below. The objective (s) are: To assist neighborhood organizations in effectively implementing those projects and activities which will improve the quality of life in their neighborhoods. These three objectives will help to successfully reach this goal : - provide educational and technical assistance - provide administrative support services - coordinate the activities of the Community Police Landlord Tenant Volunteer Groups and other activities of mutual interest. -2- 2 . Scope of Services) In order to accomplish the project objective(s) defined in Section 1 above, the Contractor shall perform in a lawful, satisfactory and proper manner, the following service(s) and activity(ies) : Community Landlord/Tenant Organizer (1 contractual employee) 1. Establish an office base within the Network Center. 2 . Establish three-person voluntary committees in each Community Policing area. Teams will eventually be developed into cluster networks. 3 . Assist the committees in identifying all the rental properties and owners within their neighborhood. 4 . Develop a training program for the neighborhood committees. 5 . Establish a contact person from the Building Safety and Zoning Departments for each neighborhood. 6. Provide each neighborhood committee with all pertinent materials relating to landlord/tenant rights, rental agreements, repair specialists, assistance programs, or other identified needs. 7 . Assist committees in organizing meetings with landlords and tenants. 8 . Work closely with the City of Lansing and Lansing Police Department in identifying problem landlords and tenants; decrease the number of habitual complaints by 25% the first year. 3 . Time .of Performance. A. On October 1, 1993 , the Contractor shall commence performance of the services and activities required under this Contract. B. The Contractor shall continue to perform such services and activities until expiration of this Contract on September 30, 1994 , unless otherwise terminated pursuant to the terms of this agreement. -3- 4. Compensation and Method of Payment. A. As full compensation for the Contractor's satisfactory performance under and completion of this Contract, the City of Lansing hereby agrees to pay the Contractor the amount of TWENTY FIVE THOUSAND THREE HUNDRED TWENTY THREE AND 00/100 DOLLARS ($25, 323) from Anti Drug Abuse Act Grant Funds for Neighborhood Problem Solving. B. It is expressly understood by and between the City of Lansing and the Contractor that in no event shall the total compensation and reimbursement, if any, to be paid the Contractor pursuant to this Contract, exceed the maximum sum of TWENTY FIVE THOUSAND, THREE HUNDRED TWENTY THREE AND 00/100 DOLLARS ($25, 323) from the City Funds. C. The Contractor agrees to provide any additional money, services and/or physical resources which may be required to complete its performance of its Contract, in accordance with the budget limitations set forth in the budget sheets of this Contract. D. The Contractor shall agree to expend the funds on the reimbursable basis, or as mutually agreeable between the Contractor, the Lansing Police Department, and the Controller's Office. 5. Nondiscrimination. The Contractor, as required by law, shall not discriminate against a person to be served or an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, sexual preference, handicap, height, weight, marital status, political affiliation or beliefs. The Contractor shall adhere to all applicable Federal, State and local laws, ordinances, rules and regulations prohibiting discrimination, including, but not limited to, the following: A. The Elliott-Larsen Civil Rights Act, 1976 PA 453 , as amended. B. The Michigan Handicappers Civil Rights Act, 1976 PA 220, as amended. C. Section 504 of the Federal Rehabilitation Act of 1973 , P.L. 93-112 , 87 Stat. 394 , and regulations promulgated thereunder. -4- Breach of this section shall be regarded as a material breach of this Agreement. In the event the Contractor is found not to be in compliance with this section, the City may terminate this Agreement effective as of the date of delivery of written notification to the Contractor. IN WITNESS WHEREOF, the authorized representatAves of the parties hereto have fully executed this instrument on the day and year indicated above. WITNESSES: CITY/"OF LA?1SING James A. CrawfIbrd,/ Mayor By: C�1 tX� ti �ic��=- Maril - %lade , City Clerk WITNESS: RHOOD COUNCIL O By: N APPROVED AS TO FORM ONLY: _C2j2,, P ALVAN P. KNOT, City Attorney I hereby certify that funds have been appropriated for the performance of this Agreement in Account No. .1b, ;�� (Ic� DOUGLAS RUBLEY Interim Finance Director Ill subrecipients of Federal financial assistance of $25,000 or more must have an annual udit made in accordance with OMB Circular A-128 and/or OMB Circular A-133. This completed udit report will be provided to the City Controller's Office for review. In addition, ach subrecipient is to permit independent auditors to have access to their records and Mancial statements as necessary to comply with OMB Circular A-128. Subrecipients covered zder Circular A-110, "Uniform requirements for grants to universities, hospitals and other Dnprofit organizations," must also meet the requirements of that act. r, -i�r l 3 25 AMENDMENT NO. 1 TO CONTRACT BETWEEN THE CITY OF LANSING and LANSING NEIGHBORHOOD COUNCIL It is hereby agreed by the parties hereto that Section 4 , Compensation and Method of Payment, of the contract dated July 26 , 1993, by and between the City of Lansing, Michigan, and Lansing Neighborhood Council, is hereby amended as follows : 4 . Compensation and Method of Payment. This section be and is hereby amended by deleting the existing language found thereunder and replacing it to read as follows : A. As full compensation for Subgrantee ' s satisfactory performance under and completion of this Contract, the City of Lansing hereby agrees to pay the Subgrantee FIFTY NINE THOUSAND FOUR HUNDRED NINETY EIGHT and 37/100 ( $59 , 498 . 37 ) Dollars from -the City of Lansing Community Development Block Grant funds . B. It is expressly understood by and between the City of Lansing and the Contractor that in no event shall the total compensation and reimbursement, if any, to be paid the Subgrantee pursuant to this Contract, exceed the maximum sum of FIFTY NINE THOUSAND FOUR HUNDRED NINETY EIGHT and 37/100 ( $59,498 . 37) Dollars from the City of Lansing Community Development Block Grant funds . It is hereby agreed that Pages 16 and 17 of the Contract are hereby deleted and replaced by Pages 16 (R) and 17 (R) , attached hereto . All other terms and conditions of said Contract shall remain in effect without modification. In Witness Whereof, the City of Lansing and Lansing Neighborhood Council h ve executed this Amendment No. 1 on or as of the day of �^ 1993 . Attest City of Lansing, a Michigan municipal corporation 'I By: ames A. Crawford, Mayor By' MXXII4 M8r11 nn S1 e, City Clerk ans ' g N ighborhood Council By: ident Approved as to form: 0,-0, �' Alvan P. Knot, City Attorney I hereby certify the availability of funds in Accounts No. 252 932670 962001 09000 ( $50, 685 . 00) and 252 932670 962001 08000 00) 37� Thomas Korkoske, Interim Senior Principal Accountant 2 - CiTY OF LAIISiNG TOTAL CONTRACT BUDG1T CONTUCT P ER100 7/1/93 To 6/30/94 ?rl aGEIICY MAI.IE: LANSING NEIGHBORHOOD COUNCIL COST C:.T` 0°� .Si IRATE0 COST CiiY 0�^LaAIdSIFIG I Sf1A. ( 1 ) Personnel $34,756.50 II $34,756.50 (� ) Frince 5 ne its $ 9,247.50 II $ 9,247.50 (3) Coerztina cxoenses I $ 7,499.72 _ I _ y $ 7,499.72 II n' I I (5) Documents & Publications � $ 1,289.90 $ 1,289.90 _ II (6) Conferences & Training 2,024.75 +_I 2 024.75 I II (7) Insurance _ $ 3,780.00 i • I � (8)- Single Audit I $ 900.00 $ 900.00 _ I -I � I I I. I TOTAL; $59,498.37 $59,498.37 -16R- ,I v •r nr.i�Tar - �l• PERSO,,I" rL Pt'I Nc. AGENCY NAME LANSING NEIGHBORHOOD COUNCIL NO. II It. OF TIME ! i l OF P05iTiON OR TITL_ SALARY PER j ON UNCER- I 'r,'EEKS TO COST P:RSOiIS W—K- I I TAKING � i E =MP I I 3� 1 L . 1 i Project Manager ! 9 � I $427.77 ! 1 100% $22,244. 16 1 I � Admin. Assistant � ! $240.62 ! inn% ii 62 ; ; $12,512.34 I1 II II ! ! II it ► I II ! I ! ! I _. i ! it I ! ► ! ! - - TOTAL PERSONNEL COST: $34,756.50 -17R- L 00 CONTRACT BETWEEN THE CITY OF LANSING AND LANSING NEIGHBORHOOD COUNCIL THIS CONTRACT, entered into this 7 day of July, 1993 , effective from the date hereof through June 30, 1994 , and by and between the City of Lansing, a Michigan municipal corporation organized and existing under the laws of the State of Michigan, through its Development Division (hereinafter called the "City" ) , and Lansing Neighborhood Council, a non-profit corporation organized and existing under the laws of the State of New York (hereinafter called the "Subgrantee" ) . WITNESSETH THAT: WHEREAS, the City desires to engage the Subgrantee to perform certain services and activities ; and WHEREAS, the Subgrantee agrees to perform such services and activities in a lawful, satisfactory and proper manner and in accordance with all policies , procedures and requirements which have been or, from time to time, may be prescribed by the City; NOW, THEREFORE, the City and the Subgrantee do mutually agree as follows : 1 . Project Objectives : The project objectives of this Contract are herein established as the standards to be used by the City to determine the impact and effectiveness of the services and activities to be performed by the Subgrantee under Section 2 below. The objectives are : To assist neighborhood organizations in effectively implementing those projects and activities which will improve the quality of life in neighborhoods , by means of : a. Providing educational and technical assistance. b. Providing administrative support services . C. Coordinating the activities of the Subgrantee and other activities of mutual interest. 2 . Scope of Services : In order to accomplish the project objectives defined in Section 1 above, the Subgrantee shall perform in a lawful, satisfactory and proper manner, the following services and activities : A. Conduct a workshop or community forum designed to build skills of neighborhood organizations in such areas as fund raising, organizational development and program planning. B. Organize and conduct a community forum with City officials to discuss topics of current city-wide interest . C . Coordinate Neighborhood Pride Week. D. Research issues of common concern to member groups . E . Produce and publish a newsletter on a monthly basis . F. Coordinate and conduct public information efforts designed to promote awareness of neighborhood organizations and their activities . G. Supervise and coordinate the work of volunteers in neighborhood improvement activities such as the annual "Paint Blitz" . H. Conduct outreach activities designed to promote the formation and organization of additional neighborhood organizations . I . Conduct activities designed to recognize outstanding volunteer efforts and to promote more volunteer efforts to improve neighborhoods . J. Provide administrative and clerical support services necessary to implement the project objectives and scope of services in this contract. K. Assist the City in coordinating the annual Neighborhood Clean-up Program. 3 . Time of Performance : a. The Subgrantee and the City agree that the time of performance hereunder shall be from July 1, 1993 until June 30 , 1994 . In no event shall this contract extend beyond June 30, 1994 , unless so provided by a written amendment hereto that has been executed by both parties . - 2 - b. The Subgrantee shall continue to, perform such services and activities until the expiration of this Contract on June 30, 1994 , unless otherwise terminated pursuant to the terms ,of this Contract. 4 . Compensation and Method of Payment: a. As full compensation for the Subgrantee ' s satisfactory performance under and completion of this Contract, the City hereby agrees to pay the Subgrantee the amount of FIFTY THOUSAND SIX HUNDRED EIGHTY FIVE and no/100 ( $50, 685 . 00) DOLLARS from the City' s Community Development Block Grant funds . b. It is expressly understood by and between the City and the Subgrantee that in no event shall the total compensation and reimbursement, if any, to be paid to the Subgrantee pursuant to this Contract, exceed the maximum sum of FIFTY THOUSAND SIX HUNDRED EIGHTY FIVE and no/100 ( $50, 685 . 00) DOLLARS from the City' s Community Development Block Grant funds . C . The Subgrantee agrees to provide any additional money, services and/or physical resources which may be required to complete its performance under this Contract, in accordance with the budget limitations set forth in the budget sheets of this Contract. d. The Subgrantee agrees to expend the funds on a reimbursible basis, or as mutually agreeable between the City and the Subgrantee. 5 . Continued Funding: The City makes no implied or explicit guarantee, offer or representation of future funding from the City beyond the termination of this Contract. The City further makes no implied or expressed guarantee that it will not terminate this Contract and the funding supplied with this Contract pursuant to the terms and conditions of Section 11 . 6 . Independent Subgrantee : Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties . The Subgrantee shall at all times remain an independent Subgrantee with respect to the services to be performed under this agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or 3 - Medical Insurance and Worker' s Compensation Insurance except as specified in this contract, as the Subgrantee is an Independent Subgrantee. 7 . Finance Procedures : a . Central Accounting Office. The Subgrantee ' s accounting operation may be incorporated into the City' s Centralized Accounting Office, at the sole discretion of the City' s Finance Director. If the City invokes this provision, the Subgrantee may, by proper notification [thirty ( 30 ) days , ] terminate this Contract. b. Suspension of Funding. The City' s Finance Director, in his/her sole discretion, has the authority to suspend, reduce or disallow any payment( s ) of funds to the Subgrantee under Section 4 herein, notwithstanding any other provision of .this Contract, upon written notice to the Subgrantee when the internal fiscal controls and records established pursuant to Sections 9 and 12 are changed without the Finance Director' s approval , or when, in the opinion of the City' s Finance Director, there is a reasonable likelihood _ that funds may be misused, misappropriated or spent for an ineligible purpose as defined within this Contract . ( 1 ) Any unearned payments under this Contract may be suspended by the City' s Finance Director upon the Subgrantee ' s refusal to accept and comply with any additional conditions or requirements of the City. ( 2 ) Any unearned payments under this Contract may be suspended or reduced if the funding sources for this Contract are reduced or suspended or terminated for any reason. 8 . Donation and Fees : Donations and fees which are received by the Subgrantee in connection with provision of services with this Contract shall be included in its monthly financial reports in a balance sheet and operating statement presentation showing disposition of such donations and fees . 9 . Contract Modifications : The City, from time to time, may expand, diminish or otherwise modify the project objectives , scope of services, or any other contract provision related thereto, which the Subgrantee is required to perform pursuant to Sections 1 and 2 of this Contract; provided, however, that such modifications are mutually agreed upon by the City and the Subgrantee, and - 4 - incorporated into written amendments to this Contract after approval by the City. 10 . Subgrantee ' s Failure of Performance : a. The failure of the Subgrantee to provide any work or services required by this Contract in a satisfactory and timely manner shall be a material breach of this Contract. ( 1) The City, in its sole discretion, shall determine whether the work is satisfactorily completed. (2 ) In the event the City determines the work or services provided pursuant to this Contract has not been performed in a timely or satisfactory manner, the City shall notify the Subgrantee and allow the Subgrantee ten ( 10 ) days to cure any such failure to perform work or services in a timely manner. ( 3) In the event the Subgrantee fails to cure the unsatisfactory or untimely work or performance pursuant to the requirement of subsection (2 ) above, the City may take any other action permitted by law or this Contract, including but not limited to termination or reduction in compensation to the Subgrantee . b. Reduction of Compensation by the City. In the event the Subgrantee fails to perform, in a timely and proper manner, any of the services or activities required under this Contract, the City may, in its sole discretion, reduce or modify the compensation payable hereunder to the Subgrantee in a manner which appropriately reflects such reduction or diminution of services or activities . 11 . Termination by the City for Non-Compliance or Convenience • ( 1) In the event the Subgrantee fails to fulfill in a timely and proper manner, any of the terms, conditions, or obligations of this Contract, or if the Subgrantee violates any of the covenants, agreements, or stipulations of this Contract, the City Council, or Mayor, in its or his/her sole discretion and without notice terminate this Contract with no further liability to the Subgrantee beyond that expressly provided for within Section 10 hereof . (2 ) The City may also upon thirty ( 30) days written notice to the Subgrantee, terminate this Contract for convenience, and all of the City' s obligations hereunder, including any obligations to provide financial assistance . The 5 - City may exercise its rights pursuant to this provision regardless of whether the Subgrantee is in default of any condition or obligation under this Contract . Once the City has provided written notice to the Subgrantee, the City shall not be obligated to supply financial assistance in an amount greater than the average monthly payment to the subgrantee over the proceeding months of this Contract. Average monthly payment, for the purpose of this section, shall be determined by totalling the City' s contribution from the inception of the Contract until the time notice is provided and divide the number of funded months (or any fraction thereof) by the amount of monies expended over such period. The City shall also compensate the Subgrantee for any required expenses in excess of the average monthly payment . ( 3 ) In the event this Contract is terminated: (a) All data, documents , drawings , maps , models , photographs , reports , studies , and surveys which have been or were prepared by the Subgrantee with City funds pursuant to the Contract, become the property of the City; and (b) The Subgrantee shall receive just and equitable compensation for any work which the Subgrantee satisfactorily completed pursuant to this Contract, subject to subsection ( 4 ) (b) below. ( 4 ) It is agreed that nothing contained herein shall : (a) Deprive the City of any additional rights or remedies , either at law or equity or under the terms, conditions, obligations, covenants, agreements, and stipulations of this Contract, which they may respectively assert against the Subgrantee upon failure to fulfill any of the terms, conditions, obligations , covenants , agreements, or stipulations of this Contract; or (b) Relieve the Subgrantee of any liability to the City for any damages sustained by the City as a result of any breach of this Contract by the Subgrantee; and if it sustains such damages, the City may withhold as a set off any payments due the Subgrantee, until such time as an exact amount of damages sustained by the City is properly and legally determined unless otherwise terminated pursuant to the terms of this Contract. 12 . Reports and Information: - 6 - a. Financial Records and Reports . The Subgrantee agrees to make and maintain adequate financial records in a form satisfactory to the City' s Finance Director. Such financial records and reports shall reflect all costs and expenses incurred in performing this Contract and records of the use of all consideration received pursuant to this Contract. Financial records and reports of the Subgrantee shall conform with the "City of Lansing Standard Operating Procedures for City Supported Agencies" to be made available to the Subgrantee by the City' s Finance Director, which manual is hereby incorporated by reference herein, and further, the Subgrantee acknowledges and agrees that said "City of Lansing Standard Operating Procedures for City Supported Agencies" is available for use by the Subgrantee, and the Subgrantee shall have the duty to be fully familiar with said manual . b. General Operational Information . The Subgrantee shall on a monthly basis provide written reports to the City' s Development Division. Such written reports shall include, but shall not be limited to, a description of all services which have been rendered pursuant to this Contract since the last preceding such report and shall be in a form and shall contain such other information as the City may specify. Failure of the Subgrantee to submit within a reasonable time such reports regarding the operations of the Subgrantee shall be considered a material breach of this Contract . C. Administrative Practices and Policies . The Subgrantee shall submit its "administrative practices and policies" to the City for review within sixty ( 60 ) days of execution of this Contract. The administrative practices and policies shall include, but not be limited to, a statement concerning employment, salary, wage rates , working hours, holidays , fringe benefits (health, hospitalization, retirement, etc. ) , and an accompanying annual resolution of the Subgrantee ' s Board of Directors adopting and/or readopting the original and/or revised administrative practices and policies . d. Equal Opportunity Employment Reports : ( 1) The Subgrantee shall submit Employment Survey Reports on forms provided by the City' s Human Relations Department, to the City at least annually in conjunction with the City' s Municipal Employment Survey. Where procedures are established by the City for more frequent reporting, the Subgrantee shall report accordingly, but not to exceed quarterly reports . Nothing in the above should be - 7 - construed as to preclude supplying information requested pursuant to any investigation that may arise in the event of an illegal discrimination charge. (2 ) The Subgrantee shall implement and adhere to all pertinent Equal Opportunity Compliance Procedures, as adopted by the City and all other applicable Federal, State, civil rights and equal opportunity laws and regulations . The Subgrantee will be furnished copies of the aforementioned which are applicable to its operations by the City upon execution of this Contract and the Subgrantee ' s signature hereto shall acknowledge receipt of these documents . 13 . Eligible Costs of the Subgrantee Under this Contract, a cost incurred or expenditure made by or pursuant to this Contract shall be fully documented and shall be in conformance with any limitations or exclusions of applicable Federal, State and local laws , rules and regulations and conditions mandated by the City. 14 . Records Documentation And Retention: a. Establishment and Maintenance of Records . The Subgrantee shall establish and maintain all records required by the federal regulations at 24CFR 570 . 206 concerning any matter covered by this Contract which, from time to time, may be required by the City. b. Unless otherwise expressly authorized by the City, the Subgrantee shall maintain all records related to this Contract, including financial records and accounts , for a period of three ( 3) years after receipt of final payment under this Contract. C. If any litigation, claim, or audit is started before the expiration of the three (3) year period, the records shall be retained by the Subgrantee until all litigation, claims or audit findings involving the records have been resolved. 15 . Audits and Inspections • a. At any time during normal business hours and as often as the City may deem necessary to ensure proper accounting for all project funds, the Subgrantee shall : ( 1) Make available to the City all checks , payrolls , time records, invoices , contracts, vouchers, orders 8 - and other data, information, and material concerning any matter covered by this Contract; and (2 ) Permit the City to audit, examine, excerpt, or transcribe all checks , payrolls , time records, invoices , contracts , vouchers , orders or other data, information and material concerning any matter covered by this Contract; and ( 3 ) Allow the City to review such documents that are considered as backup to the operation of the Subgrantee, regardless of funding source, to verify all costs listed in the "Estimated Cost" column of this Contract ' s budget section . (4 ) Allow independent auditors to have access to their records and financial statements as necessary to facilitate the City' s requirement to comply with OMB Circular A-128 , Audits of State and local Governments . 16 . Financial Management : (a) Accounting Standards . The Subgrantee agrees to comply with Attachment F of OMB Circular A-110, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls , and maintain necessary source documentation for all costs incurred. (b) Annual Audit. The Subgrantee agrees to have an annual audit in accordance with OMB Circular A-133 , "Audits of Institutions of Higher Education and other Non-Profit Institutions . " This completed audit report will be provided to the City Controller' s office for review at a date to be established by the City Controller. (c) Cost Principles . The Subgrantee shall administer the program in conformance with OMB Circular A-122 , "Cost Principles for Non-Profit Organizations, " for all costs incurred. (d) Procurement Requirements . The subgrantee shall comply with Attachment 0 of OMB Circular A-110 , "Procurement Standards" when procuring materials pursuant to this contract, and shall follow Attachment N, "Property Management Standards" , covering utilization of property in association with the performance of duty specified in this Contract. - 9 - (e) Close Outs . Subgrantee ' s obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to mailing final payments , disposing of program assets ( including the return of all unused materials , equipment, unspent cash advances , program income balances and receivable accounts to the City) , and determining the custodianship of records . 17 . Conflict of Interest: a . The Subgrantee covenants that no such interest exists and no person having any conflicting interest in this Contract shall be employed for the purpose of performing the services and activities set forth in the scope of services ( Section 2 ) of this Contract or fulfilling the terms , conditions , obligations , covenants , agreements , or stipulations of this Contract. b. The Subgrantee shall establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others , particularly those with whom they have family, business or other ties . 18 . Assignment and Transfer of Interest; Subcontracting: The Subgrantee shall not assign or transfer, whether by assignment or novation, any interest in this Contract, or subcontract any performance or portion hereof pursuant to this Contract without the prior written consent of the City; provided, however, that claims for money due or to become due the Subgrantee from the City pursuant to this Contract may be assigned or transferred to a bank, trust company, or other financial institution without such consent, and the Subgrantee shall promptly notify the City of any such assignment or transfer. The Subgrantee will include provision 21 , Civil Rights and provision 22 , Labor Law, in any subcontract or purchase order specifically or by reference, so that such provisions will be binding upon the Subgrantee or Vendor. 19 . Prohibited Activities : None of the money, compensation, reimbursement, funds , property or services provided, directly or indirectly, under, by or pursuant to this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for any public office, or for propaganda designed to support or defeat any legislation pending before the Congress of the United States , the Michigan State Legislature or the City Council of the City, or for Sectarian or religious 10 - activities . 20 . "Save Harmless" Clause : The Subgrantee shall indemnify and save harmless the City against any and all damages to property or injuries to or death of any person or persons , including the property and employees or agents of the City, and the Subgrantee shall defend, indemnify and save harmless the City from any and all claims, demands , suits , liabilities and/or payments , actions, or proceedings of any kind or nature, including workers compensation claims , of or by anyone whomsoever, in any way resulting from or arising out of the operations in connection with this Contract, including the operations of subcontractors , and the acts or omissions of employees or agents of the Subgrantee or its subcontractors . The insurance coverage specified herein and in the special conditions constitute the minimum requirements , and said requirements shall in no way lessen or limit the liability of the Contractor under the terms and conditions of this Contract . The Subgrantee shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for its proper protection in performing its obligations under this Contract. 21 . Civil Rights : a. The Subgrantee agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended and all other Federal Laws and Rules and Regulations related to Civil Rights in carrying out this Contract. b. The Subgrantee agrees that it will not discriminate as to provision of services pursuant to this Contract or as to hiring or terms or conditions of employment based on race, creed, color, religion, national origin, sex, handicap, marital status , height, weight, or age. Additionally, the Subgrantee agrees that it will establish and thereafter maintain an Affirmative Action Plan which is in compliance with the requirements promulgated by the Michigan Civil Rights Commission, and that it will establish written personnel procedures and policies setting forth all of its personnel rules, guidelines , practices and terms and conditions of employment . The Affirmative Action Plan and personnel rules established may be amended from time to time, as necessary. The Subgrantee shall supply the City with copies of its personnel policies and Affirmative Action Plan, and with copies of any amendments made to them. A violation of this provision shall be a material breach of - 11 - this Contract . C . The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, height, weight, marital status , sex, age, handicap or national origin. d. The Subgrantee will send to each labor union or representative of workers with which the Subgrantee has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the City, advising the labor union or workers ' representative of the Subgrantee ' s commitments under this nondiscrimination clause and shall post copies of this notice in conspicuous places available to employees and applicants for employment under this Contract . e. In the event of the Subgrantee ' s noncompliance with the nondiscrimination clauses of this Contract or with any of such rules , regulations or orders , this Contract may be canceled, terminated, or suspended in whole or in part . f . The Subgrantee will use its best efforts to afford minority and women-owned business enterprises (W/MBE) the maximum practicable opportunity to participate in the performance of this contract . g. The Subgrantee will in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee state that it is an Equal Opportunity or Affirmative Action Employer. 22 . Compliance with Labor Law: In performing the services and activities required under this Contract and in fulfilling the terms, conditions, obligations , covenants , agreements and stipulations of this Contract, the Subgrantee shall comply with all applicable Federal , State and local labor laws including the Davis-Bacon Act, as amended (40 USC 276a-5 ) ; the provisions of Contract work hours , the Safety Standards Act, Copeland Anti-Kickback Act ( 18 USC 874 as supplemented by 29 CFR, Part 3) and Federal Fair Labor Standards provision as amended (52 Stat. 1060; USCA 201 et. seq. , 40 USC 327 , 5 USC 1332-15) Section 2 of the Act of June 13 , 1934 , as amended ( 40 USC 276c) . 23 . City Charter: It is clearly understood that nothing contained in this Contract shall deprive the City of any rights -that it may 12 - exercise by virtue of the provisions of the Charter of � City. 24 . Severability of Provisic If any clauses, sections , are held invalid, or if provision, or part of th. remainder of this Contrac such remainder of this Cor to the terms and requirem otherwise specified in th rights of the City shall 1 Contract as specified herE 25 . Waiver: The failure of the City to this Contract or to take act in any way shall not be con contractual requirement the: action for the breach of the 26 . Insurance and Bonds : In addition to any other insu. this Contract, the Subgrantet following insurance coverage; a. Workers compensation cov( State of Michigan statut b. Fidelity bonding for at 1 budget. The Subgrantee sr insurance requirements of 110, Bonding and Insuranc, 27 . Disclosure of Confidential MatE All reports , data, information, forth assembled, constructed, oz consequence of this Contract ar( Michigan laws and regulations gc public records , subject to certa disclosure under the circumstance above laws and regulations . 28 . Royalties, Patents, Notices and F The Subgrantee shall give all not. and fees if applicable to carrying - 13 - Contract . The Subgrantee shall defend all suits or clauses for infringement or any patent rights and shall save the City harmless from loss on account thereof. 29 . Copyright: If this contract results in any copyrightable material , the City reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work for government purposes . 30 . Environmental Conditions : The Subgrantee agrees to comply with all Federal Environmental Laws and Regulations insofar as they may apply to the performance of this contract including those related to flood disaster protection, lead based paint and historic preservation. 31 . Special Condition: The Subgrantee agrees to comply with all requirements of Title 24 Code of Federal Regulations , Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to those regulations , whether included specifically in this contract or included by reference of this special condition. 32 . City Department or Office: It is agreed by the parties hereto that the City' s Development Division shall be responsible for the administration of this Contract on behalf of the City; provided, however, that authority and responsibility for the administration of this Contract may be transferred to any other office or department of the City, by the City in its sole discretion. IN WITNESS WHEREOF, the City and the Subgrantee have executed this Contract as of the date first above written. Witness : CITY OF LANSING, a Michigan Municipal Corporation B / •• y: Vames ,&. Crayhford, Mayor 14 - Mari ynn S de, City Clerk in rhood Council By: Mary Jame , P ident Approved as to form: Alvan P. Knot, City Attorney I hereby certify that funds are available in Account o. 252-932670-90Q01-09000 ( $50 , 685 . 00 ) . /A 2�. � ,Charles Remenar, Deputy Controller 15 - CITY- 0` LANSiNG TOTAL CONTRACT BUDGET CONTRACT PER100 7/l/93 TO 6/30f_g4— PN: AGENCY IIA;.IE: Lansing Neighborhood Council COST C-T1G0RY -STIRATEO COST I CITY OP LANSING I Si;A4E i ( 1 ) Personnel I $32,500.00 II $32,500.00 (Z) Prince Benefits 8, 125.00 8,125.00 (3 ) Cperatino �'xcenses 5,760.00 II 5,760.00 II Ec i pren,� I _0_ � I (5) Documents & Publications 1 ,000.00 I 1 ,000.00 (6) Conferences & Training 1 ,500.00 1 ,500.00 (7) Insurance 1 ,800.00 1 ,800.00 I- II I TOTAL: $50,685.00 150,685 00 .+T I V~ Lr,11S111� prDS01"lip_i °'d NO. 1 nGciICY LANSING NEIGHBORHOOD COUNCIL OF DOS: TON OP, i ?`L- I SALhPY ?-RI i Oii UFiE--: TO COS -,ir.,, i - -„DI I ii it ' i 1 (Project Manager I $400.00 ii 1007 � I 52 I S 20,800.00 1 I lAdmin. Assistant ; ! $225.00 I I lon � I 52 S 11 ,700 .00 i I it � I if II li ii II I I II � � li li it I � � I li � I I li I ; ! II I l i I I i ii it II II ! ► i I it ii li . . o T;;L . --� NN=L CCc S 32 ,500.00 Lansing s E EH C 0 U IV, C I L 1801 West Main Street ` Lansing, MI 48915 517/484-2216 BY—LAWS ARTICLE I NAME The name of this corporation shall be the Lansing Neighborhood Council , a Michigan non-profit corporation hereinafter referred to in these by-laws as the "corporation. " ARTICLE II PURPOSE The purpose of this corporation shall be to address those issues and concerns of the citizens of the City of Lansing which affect their daily lives, to provide a forum for the exchange of ideas between and among Lansing's neighborhoods and those organizations that represent them, to act as an advocate for community improvement and to establish a network for joint action. In addition, it shall be the purpose of this corporation to develop and implement, where appropriate, those programs , plans and policies necessary to address those issues and concerns affecting the citizens of Lansing and its neighborhoods. Particular emphasis may be given to issues and concerns over housing , recreational programs , land use planning, urban development including rehabilitation and financing, delinquency among the youth of Lansing, crime, concerns of the aged , historic preservation, and the general public health, welfare and safety. ARTICLE III MEMBERSHIP Section 1 : Qualification Membership shall be open to any person or neighborhood organization representing an neighborhood in the City of Lansing. Section 2 : Categories of Members Voting Members Each neighborhood organization granted membership shall be considered as one member, with the rights and privileges attendant thereto, including the right to one vote. A "neighborhood organization" is defined as a group of people organized for the good of a particular area and accountable exclusively to the residents of that area. Associate Members Individuals , and neighborhood organizations, who have not been accepted by the membership as members may be granted associate memberships . The position of associate member shall exclude voting in all formal proceedings of the corporation, or holding any elected or appointed office on the Board of Directors. All remaining membership privileges shall apply provided dues, if required, have been paid. Section 3 : Application and Admission Those desiring to be voting members of the corporation must apply to the Board of Directors for membership and must be approved by a vote -if the majority of the corporation 's existing members. Those desiring to be associate members may apply to the President, Vice-President, Secretary or Treasurer and may be admitted provided they support the purposes of the corporation and comply with its rules and regulations. Section 4: Voting All members, except associate members, shall, unless otherwise provided in these by-laws, be eligible to vote on all matters properly brought before the membership provided the member has paid his, her or its dues, if dues are required . Section 5 : Dues Annual dues for the organization , if any , shall be set by the Board of Directors with the approval of the membership. 2 Dues shall be paid by October 1 of each year for the twelve month period beginning that October 1 and continuing until September 30 . Payment on or after October 1 shall entitle the member or associate member to appropriate privileges until the next September 30 . Different categories of dues for members , associate members, organizations , individuals, young persons , senior citizens , and indigent persons may be set by the Board members. Section 6 : Removal of Members Any member may be removed from membership if he or she is in arrears in payment of dues for a continuous period of three (3 ) months, or for any action which is prejudicial to the corporation, by a vote of a two-thirds (2/3 ) majority of the members, provided that the decision of the members is reasonable, removal is for purposes germane to the purposes of the corporation, and the reasons are applied equally to all members. A member or the president of a member organization that is to be removed shall be entitled to written notice of the grounds for removal at least seven ( 7 ) days prior to the meeting where removal is to be considered. The member shall have an opportunity to appear before the members to speak in his , her or its behalf prior to removal . It shall be considered sufficient grounds for removal if the member has not attended at least three (3 ) consecutive, regularly scheduled meetings of the corporation. ARTICLE IV MEMBERSHIP MEETINGS Section 1: Annual Meeting The annual meeting of the members shall be held in October of each year at such time as the Board of Directors shall determine. The place of the meeting shall be at the office of the corporation or such other place either within or without the State of Michigan as the Board of Directors may fix by resolution. Section 2: Regular Meetings At the beginning of each membership year, the board of Directors shall establish regular meeting dates for the entire year. These dates shall be on the same day in the same week of each month and may be rescheduled only for good cause after a vote of the Board of Directors or membership. 3 Section 3 : Special Meetings Special meetings of the membership may be called by a vote of the Board, or by at least one-half (1/2 ) of the voting members. Removal of members and/or amendment to these by-laws may not occur at a special meeting . Section 4 : Notice '!' -itten notice of the annual meeting shall be by mail, posted at least 15 days prior to said meeting. The notice of a special meeting or adjourned meeting shall be by the most expedient method possible, and must be in a manner calculated to reach each member at least 48 hours prior to said meeting. The notice of any meeting shall state the time and place of the meeting, and the purpose or purposes of the meeting. A notice requirement may be waived , in writing, as provided by statute by any member entitled to a vote therein either before or after the holding thereof . Section 5 : Quorum The presence, in person, of at least thirty-three per cent (33% ) of the members eligible to vote shall constitute a quorum for the transaction of business at any meeting and the members may continue to transact business until adjournment notwithstanding the withdrawal of enough members to leave less than a quorum. Whether or not a quorum is present, the meeting may be adjourned by a vote of the members present. If there shall be three (3 ) consecutive regular meetings where a quorum fails to exist, the members present at the third such meeting may transact business as if a quorum were present. Section 6 : Voting A matter to be approved by the members shall be authorized and approved by a vote of a majority of the eligible members present at any membership meeting. To be eligible to vote, a member must have paid current dues required by the corporation. Section 7: List of Eligible Members On the day prior to the date notice is sent or given of any membership meeting, the Secretary of the corporation shall prepare an alphabetical list of members eligible to vote at a membership meeting as of the date the list is prepared. Such list shall be available for inspection at the meeting, and only those persons whose names are on the list shall be eligible to vote at said meeting . 4 ARTICLE V BOARD OF DIRECTORS Section 1 : Number of Directors There shall be a board of directors consisting of seven (7 ) members . Section 2 : Election of Board of Directors At the first annual and at each annual meeting thereafter the voting members shall elect a Chairperson,Vice- Chairperson, Secretary, Treasurer and three (3) at-large members. Each board member must be a member of a neighborhood organization. No more than two (2) Directors may be from any one neighborhood organiz- ation. Each board member shall be elected for a term of (1) year by a vote of a mauority of the voring members present and voting. To be eligible for election to a position on the Board, a member shall first be nominated by a member and that nomination shall be seconded by another member. If more than two (2 ) nominations for a position on the Board shall be received and no person receives a majority of the votes cast on the first ballot, the two (2 ) candidates receiving the most votes on the first ballot shall then stand for election and a second ballot shall be taken. The person receiving a majority of the votes cast on the second ballot shall hold the office for the term as set forth above. Section 3 : Meetings The Board will meet regularly at such time and in such place as the Board shall designate. Special meetings of the Board may be called at any time by the Chairperson, or by written notice signed by two members of the Board. Section 4: Notice All meetings of the Board shall be called by means of such notice as the Board determines appropriate. The notice given must be delivered at least 48 hours prior to any meeting and must include the time, date, place and purpose of the meeting. No action taken at a meeting shall be invalid for want of notice if the same is duly waived. Section 5 : Quorums Amajority of the Board shall constitute a quorum for any meeting of the Board. 5 Section 6 : Procedure A vote of a majority of those present at a Board meeting at which there is a quorum shall be an act of the Board, unless the laws of the State of Michigan or these by-laws require otherwise. At the first meeting of the Board following the annual meeting, the Board will receive reports of the officers for the fiscal year last ended and transact such other business as is properly brought before the meeting. At this and all other meetings of the Board, the order of business shall be determined by the presiding officer. Section 7: Vacancy and Removal The unexpired term of a Director not completing his or her term shall be filled by the membership at a regular meeting. The appointed Director shall hold office until the next annual meeting. A Director may be removed from his or her position when a two-thirds (2/3 ) majority of the members of the corporation decide that it would be in the best interest of the corporation to do so. Section 8 : Powers of Board All rights , powers , duties and responsibilities relative to the management and control of the corporation ' s property, business, and affairs are vested in the Board of Directors. ARTICLE VI OFFICERS AND AGENTS Section 1 : The Officers The officers of the corporation shall be the Chairperson, Vice-Chairperson, Secretary and Treasurer of the Board who shall also serve as President, Vice-President, Secretary and Treasurer of the corporation respectively. Section 2: General Duties of the Officers Each officer of the corporation shall be charged with performing the duties set out herein, and the duties as may be lawfully delegated to him or her by the membership. Section 3 : Duties of the President The President shall preside at all membership meetings . He or she shall exercise general supervision over the organizational affairs of the corporation and shall perform such other duties as usually 6 pertain to the office of President and sit as ex officio member of all committees. Section 4 : Duties of the Vice-President At the request of the President, or in the event of his or her permanent or temporary absence, the Vice-President shall be authorized to perform all acts and duties pertaining to the office of President. It shall also be his/her duty to organize, promote and publicize the annual meeting of the members of the corporation. Section 5 : Duties of the Secretary The Secretary or his or her assistants shall attend all membership and board meetings and shall preserve in the records of the organization accurate minutes of the proceedings at said meetings. The Secretary shall also maintain a register or role of the members and call the role when required. He or she shall notify the officers and committeemembers of their appointments and of all meetings and shall indicate on the reports of the committees the date of the receipt of their reports among the records . He or she shall conduct the correspondence of the corporation, except when otherwise delegated. Section 6 : Duties of the Treasurer The Treasurer shall have general supervision of the banking of all monies and safekeeping of all property which shall be given or vested in the corporation. He or she shall keep accurate accounts of the assets and liabilities , receipts and expenditures of the corporation and shall deliver the same to the Board at their request. If required by the membership, the Treasurer shall deliver to the corporation and keep in force during his or her term of office a bond in the form, amount and substance satisfactory to the Board, conditioned on the faithfull performance of his or her duties in the office and for restoration to the office in case of death, retirement, resignation or removal from office of all books, papers and vouchers, money and property of whatever kind kept in his or her possession, or under his or her control and belonging to the corporation. - ARTICLE VII BOOKS AND RECORDS The books and records of the corporation shall be kept in the principal office of the corporation, and shall be open to inspection by another officer, director or member at all reasonable hours. The records shall be open to the inspection of persons other than the foregoing at the discretion of the Board of Directors . 7 ARTICLE VIII AMENDMENT These by-laws may be amended by a vote of two-thirds (2/3 ) of the members present at any regular meeting of the corporation where there is a quorum provided that a written statement of the amendment was given at a preceding regular meeting and the proposed amendment was published in the corporation ' s newsletter. ARTICLE IX DISSOLUTION Upon dissolution of the corporation, any remaining unencumbered assets of the corporation shall be contributed to a non-profit organization selected by the Board of Directors . �c�8� City of Lansing - Board of Ethics TO: Sid Worthington, Interim Director, Planning & Neighborhood Development FROM: Marilynn Slade, Secretary, Board of Ethics k. , SFc_CL,— DATE: November 22, 1993 SUBJ: Ethics Board Opinion regarding John Ruge Affidavit of Disclosure/Paul Scott better The Board of Ethics is in the process of issuing an Opinion in response to an Affidavit of Disclosus t; of Conflict of Interest received from John Ruge. We also received a letter from Paul Scott asking the board to review whether or not a conflict exists between Mr. Ruge's being a member of the Planning Board and his wife, Jennifer Grau, serving as Director of the Neighborhood Council. To assist us in our Opinion, we would like to ask your permission for Emil Winnicker of your staff to attend our December 28th board meeting. We would like to have Mr. Winnicker explain the interactions of the Planning Board and the Neighborhood Council to assist us in our resolution of this matter. Please respond to me by December loth as to whether Mr. Winnicker can attend this meeting so that I can place it on the'board agenda. Thank you for your assistance. cc: Emil Winnicker (517) 483-4130 City Clerk's Office, 124 TV. Michigan Ave. Lansing, MI 48933-16.9,S CITY OF LANSING AFFIDAVIT OF DISCLOSURE OF CONFLICT OF INTEREST TO: CITY CLERK or [ ] CITY ATTORNEY and �r [ ] MAYOR and [ ) CITY COUNCIL PRESIDENT DEPARTMENT HEA-D or (Name) � � beingdul y sworn,-- says under oath: 1. I am an elected or appointed officer or employee of the City of Lansing, holding the position of (Title) Plc G G r j 111 e w�l�z in the P ` n✓► i n cj ►7•z . Department. This position is : [ ] Fulltime [ ] Parttime ( less than 25 hours/wk ) [ Unpaid. 111 2• [ ) I , y and/or my (Relationship) L. i 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 employees. The decision involved is described as follows : r-OV G La � S � N¢.iyI,►laZ; boo � C �� .1c i � e ��✓���-der G �e.y � S � �`re�-toy The financial benefit will be received by the following persons in the following amounts : ���h��' Cam;c�V wc�4 berm;%-t to �;�ovc�' . Cu�rie,nt load e U ^� imcltelt4SNer- S arf5 cyrre-yxjj $ eo 00 �er Q-ctt' ;and/or [ J 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 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 it 127/8-9 ;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) X I will not make or participate in the making of the affected decision and/or governmental decisions concerning the contract an 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 8tt-�,, day of O C fiokjr 1993 . Subscribed and sworn before me the (j�k day of 19 in zy�C, (�rM County, Michigan �2u5QN E. Notary Public or Deputy Clerk ?,')qh!5 rn\ County, Michigan My Commission Expires: FOR CITY CLERK/CITY ATTORNEY USAGE DATE FILED: D— g -93 COPIES SEYT TO: -�-] Mayor -{-) City Council President [ ) Department Head —f� Board of Ethics DATE SENT: 1 ,4 _Q3 BY: Gob- 4 City of Lansing - Board of Ethics October 14, 1993 Mr. John Ruge Ms. Jennifer Grau 201 Lathrop Lansing, MI 48912 Dear Mr. Ruge and Ms. Grau: This is to inform you that the Board of Ethics has received a complaint against you alleging that you may have a conflict of interest under the city's ethics ordinance. A copy of this complaint is attached for your information. In order for the board to proceed, please provide a written response to this complaint for the board. Should you desire to attend, our next board meeting is scheduled for Tuesday, October 26, 1993, in the loth Floor Committee Room, City Hall. Sincerely, Marilynn Slade, Secretary (517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 48933-1695 September 21, 1993 John Mertz, Chairman Board of Ethics City of Lansing 9th Floor 124 W. Michigan Ave. Lansing MI 48933 Dear Mr. Mertz and Board Members: In a recent decision, the Lansing Neighborhood Council, when picking a new program director, chose a candidate, Jennie Grau, whose husband, John Ruge, presently serves the First Ward as a member of the Lansing Planning Board. On its face this might only present a minor conflict of interest not worthy of the Ethics Board's investigation, yet, in reality, it presents a very real conflict of interest. The Planning Board, through state law [M.C.L.A. Secs. 125. 31 et seq. ] , the charter [Chptr 6] , and the Planning and Zoning Ordinance [Part 12 , Codified Ordinances of Lansing] , is charged with the oversight of the Municipal and Neighborhood Development Department, and is also charged with preparing, taking comment upon, and finalizing the budget for Community Development Block Grant monies received by the city from the federal government, before such budget is sent up to the City Council for comment and finalization, and eventually, inclusion into the overall budget for the City of Lansing. The Lansing Neighborhood Council, by contract, is a sub- recipient of CDBG monies, for its operation. The Department of Development, a part of the Municipal and Neighborhood Development Department, is charged with the oversight of this and other sub- recipient contracts using CDBG funds, and is itself subject to the afore-mentioned oversight by the Lansing Planning Board. I believe that the various positions that John Ruge and Jennie Grau find themselves in with the City of Lansing, either directly or indirectly, may appear to, or indeed cause, conflicts of interest, as covered by Ordinance 290 [Secs. 290.02(i) & (1) , 290. 04 (e) & (f) , 290. 05(a) ] in the Codified Ordinances of Lansing, and the Charter, [5-602.1, 5-602 . 2 , 5-505.1-. 3 ] for indeed, Mr. Ruge will be responsible for, in part, formulating the budget of the Neighborhood Council, Ms. Grau will, in fact, be presenting the budgetary needs of the Neighborhood Council to the Planning Board, on which Mr. Ruge sits, for comment and recommendations, and the Department of Development [5-602. 2] , which oversees and administers the contract with the Neighborhood Council, is under the oversight of the very Board on which Mr. Ruge sits. It is also of note that, to my knowledge, neither Mr. Ruge nor Ms. Grau have filed affidavits of disclosure with the City Clerk's office. Page 2 It is precisely these types of conflicts which have caused the Ethics Board to have to labor so long and hard in recent months , and -I believe that it would be best for an advisory opinion to be available to the Development Manager, the interim Director of Municipal and Neighborhood Development, the Mayor, the City Council and the Executive Committee of the Lansing Neighborhood Council before much time passes (Note: Ms. Grau is set to begin the Program Director's position on October 1 , 1993) , so that all involved will be apprised of the potential areas of conflict that may exist. It might also be of some value for the Ethics Board to issue a preliminary ruling as to current city CDBG funds going to the Neighborhood Council until such time as a final advisory opinion is issued, should you decide to investigate this matter. Also, you should understand that the process for determining the budget for 1994-95 Community Development Block Grant funds is about to begin at the Planning Board level , making a timely response to these questions desirable. Thank you for your time, and for the tireless hours you have all spent on behalf of the citizens of this city in recent months. Sincerely, Paul M. Scott 412 W. Kilborn Lansing MI 48912 517-372-7513 .