HomeMy WebLinkAboutSouthworthDarin Affadavit Disclosure 2008 CITY OF LANSING
AFFIDAVIT OF DISCLOSURE
DATE:
TO: CITY CLERK,
CITY ATTORNEY, or
BOARD OF ETHICS
I 'sir"��� -1 5����'' <`� '% make the following disclosure under oath:
(Name)
PLEASE CHECK THE APPROPRIATE BOX OR FILL IN THE BLANKS FOR EACH OF THE
FOLLOWING ITEMS
Yes No
❑ I am an ❑ elected or ❑ appointed ❑ officer or ❑ employee of the City of
1 Lansing holding the position of in the
department
❑ ( I am an immediate family member related to an elected or appointed
officer or employee of the City of Lansing named
holding the position of in the
department.
❑ ( I am a Business Associate of an elected or appointed officer or employee
of the City of Lansing named
Holding the position of in the
Department.
2. ❑ (� I may derive income or benefit directly from a contract with the City or from
any City action detailed below. (Charter 5-505.1)
p ❑ I may have a conflict between a personal interest and the public interest,
f the nature of which is disclosed below (Charter 5-505.2) [Chapter
##290.04(I) of the Code of Ordinances]
❑ ��II I may have a financial interest in a matter proposed to be acted upon by
the City of Lansing as described below [Chapter 290.04(I) of the Code of
Ordinances]
❑ 1 make this disclosure because of a possible appearance that I may be in
violation of or in conflict with the City of Lansing Ethics Ordinance as
provided for in the Code or Ordinances and in the City Charter
3. This position is: ❑ Full time j'�Parl time (less than 25 hours/wk) ❑ Unpaid
4. My Address is:
5. My Business (daytime) Phone 4 is:
CONTINUED ON PAGE 2
AFFIDAVIT OF DISCLOSURE-PAGE 2
PLEASE DESCRIBE IN DETAIL YOUR REASON(S) FOR SUBMITTING THIS
6. DISCLOSURE AND EXPLAIN WHY YOU THINK A CONFLICT MAWMAY NOT EXIST.
ii z )a
Z.'. J C,
I hereby certify that this disclosure is complete and accurate to the best of my knowledge,
information and belief.
The foregoing Affidavit of Disclosure was executed on this day of
20
Signed
State of Michigan, County of 20
Subscribed and sworn to before me this day of
Notary Publiclor Deputy Clerk
County, Michigan
My Commission Expires:
PLEASE INCLUDE AND SUBMIT A COPY OF YOUR CURRENT JOB DESCRIPTION
DRAFT 5A;REVISED 11-05-04
employees.
.G The Board,when it deems it appropriate,
may request the City Attorney:~ Office ibr assistance
in compelling the production of documents and
witnesses to assist the Board in the conduct'ol'any
investigation.
.7 Within one year from the effective date oi'
this section the City shall provide an ethics manual
for the use of all City officers and employees.
Such manual shall first be approved by the Board of
Ethics before distribution. Each City officer and
employee shall acknowledge receipt of said manual.
.8 Proceedings before the Board are subject
to the applicable state law regarding the conduct
ofpublic meetings. Records of the Board shall
be filed with the City Clerlc and are available for
public review as requirecl by state law.
5-504 PROTECTION OF PUBLIC INTEREST
.I The City shall adopt,by ordinance,
such standards for the conduct of public affairs
as may be deemed necessary to protect the public,
including the ordinances referred to in this section.
.2 The City shall adopt,by ordinance,no later
than one year after the effective date of this section,
restrictions similar to those enacted by the State of
Michigan by statute,prescribing standards of conduct
for City officers and employees. To the extent
permitted by law,the ordinance shall generally
include,but not be limiter]to,prohibiting the use
of City office or employment for the private benefit
of any person;prohibiting the divulging of confidential
information in advance of the time prescribed for its
authorized release to the public;prohibiting the use
of City personnel resources for private gain;
prohibiting the profit from an official position and
acceptance of things of value by City officers or
employees;requiring the financial disclosure by
City officers and employees; and requiring lobbyist
disclosure for all City officers and employees.
.3 Any violations of ordinances dealing
with matters in this section shall be punishable
to the maximum extent permitted by law and
may be made punishable by forfeiture of office
or position.
5-505 CONFLICT OP INTEREST
.I At least ten(10)clays prior to the first of any
of the events set forth in (A),(B), (C),(D),and (E)
below,a City officer or employee who may clerive
any income or benefit,clirectly or indirectly,from a
contract with the City or from any City action,shall
file an affidavit with the City Clerk detailing such
income an()benefit to be derived:
(A)The bidding of the contract;
(B)The negotiation of the contract;
(C)The solicitation of the contract;
(D)The entry into the contract;
(E)Any City action by which the City officer
or employee may derive any income or benefit,
directly or indirectly.
Tile above provisions shall not apply to individual
or collective bargaining agreements pursuant to
which a City officer or employee directly of-
indirectly receives income or benefits in the
form of official remuneration as an officer of-
employee,or Lilly City action pursuant to
which a City officer or employee directly
or indirectly receives income or benefit as
a member of the public at large or any class
thereof. At the first regularly scheduled City
Council meeting following the filing of an
affidavit pursuant to this section,the City
Clerk shall notify the City Council of such
filing. In particular cases and for good cause
shown,the Board may waive the ten(10)day
prior notice requirement contained herein.
.2 An officer or employee who has any,
other conflict between a personal interest and
the public interest as defined by State law,this
Charter,or ordinance shall fully disclose to the
City Attorney the nature of the conflict.
.3 Except as provided by law,no elective
officer,appointee or employee of the City may
participate in,vote upon or act upon any matter
if a conflict exists.
Chapter 6.PLANNING BOARD
5-601 PLANNING BOARD:
.1 There shall be a Planning Board.
.2 The members of the Planning Board shall be.
appointed and confirmed in the manner set forth in
Section 5-103 of this Charter.
.3 In addition to the regular members of the
Planning Board, the City Council shall nominate and
appoint two Council members ,vho shall serve as
cx-offrcio members of the Board, without a vote,for
a one-year term commencing on.I111y 1 of each year.
5-602 POWERS AND DUTIES:
1 The Planning Board shall have all of the powers
and duties granted to municipal planning commissions
by statute and all the powers and duties of advisory
boards provided by this Charter, together with such
additional powers and duties as may be provided by
AFFIDAVIT of DISCLOSURE for DAP.IN J. SOUTRWORTH, Lansing Police Department
BACKGROUND
A recent review of an arrangement that I have had as a private training provider with the Lansing
Police Department (LPD)has resulted in a resubmission of my supplemental employment
requests, disclosures of conflicts and rationale for the arrangement. I have been a city employee
for 15+years and a Subject Control Trainer for 12-1-years. In 2005 1 began teaching PPCT
Ground Avoidance Ground Escape Instructor Course (GAGE), one of several subject control
disciplines that I am qualified to teach, at LPD facilities utilizing LPD equipment as a private
vendor. I have taught this 24 hour new instructor/l 6 hour re-certification course every February
since 2008, at LPD. I have gone to great lengths to legitimize my means and remain in good
standing with my Department and the City.
I am a part time trainer with LPD. These responsibilities are handled in addition to the duties of
the assigmnent I am principally assigned, such as road patrol supervision. I began teaching the
GAGE class through my side business after two years of my peer sergeants complaining about
the volume of training time I had. My Lieutenants called this to my attention as it was difficult
to cover the schedule and acconunodate leave day requests with only three sergeants due to the
volume of training days I had. In an effort to alleviate a few extra days of training I tools the
steps necessary to get LPD personnel the training they needed while teaching them and other
trainers on my own time through DJS. The following are the steps that tool:place before
teaching GAGE at LPD as a private consultant and rationale for same:
I have been teaching as a private consultant since January of 2002,which was a contract
passed on to me by an LPD Administrator and mentor to me. I established a Limited
Liability Corporation,DJS Tactics &Associates, LLC (DJS), in 2005.
➢ I have completed supplemental employment paper work thine times and had it approved
three times in six years.
The only instructor training courses that I have taught at LPD as an employee or private
consultant are PPCT courses. This is because of PPCT's outstanding reputation for
safety, quality and Legal, Medical and Tactical research which diminishes liability.
PPCT Instructor Trainers are on contract with PPCT to teach two courses per year per
discipline.
PPCT requires a Pre-Program Statement of Well Being (Waiver) form be signed by all
participants. DJS also has a waiver of liability form protecting DJS and host agency.
i= In 2005 (the first time teaching at LPD as a private vendor) I was granted permission,
from the LPD Administration to use LPD facilities and equipment to train as a hosted
vendor.
o This arrangement was for situations where an LPD ernployee(s) was selected for
and approved to attend such a course. If LPD is not in need of this training on
any given year then there would be no need for LPD to host DJS for a PPCT
course.
o I was also advised to make sure I was not "on duty"while teaching as a private
Consultant. This advice was a courteous reminder but was not necessary as I
would never put myself or LPD in that position.
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Since the Fall of 2004 I have worked with LPD Administration and Training
Coordinators, to honor the necessary NICOLES and City requirements for LPD to host
DJS Tactics &Associates. I have been regarded no differently than any other vendor
LPD has hosted during this time and have the following arrangement:
o The arrangement is that LPD hosts DJS and LPD personnel attend at only the
cost of the PPCT training manuals, $22.50-$28.50, presently.
o When DJS is the private training provider, I purchase, deliver and clean up all of
the bottled water, bananas and lunch matters dUrillg the days I teach.
o DJS requires a facility, floor plats, AN equipment and JACOLES registration
matters from anyone that hosts me which is less than many other training
providers, including other subject control trainers. Some want travel expenses
paid, lunch provided, coffee/refreshments on hand all day long.
o The LPD Chain of Command has submitted nanles or has been provided names
of employees to attend any subject control training. The sole discretion of
selected employees has never lied with me.
o All other course registration and PPCT matters are handled my DJS.
o LPD personnel receive training at a location where they are familiar, store their
training gear(belts, cuffs, clothes, etc..) and have no out of town travel.
o LPD Trainers obtain professional development by learning something new from
the culYiculum,networking with other trainers, gaining ideas for LPD in service
training.
o Scheduling needs for my peers and I are easier to address and I am away from
my primary responsibilities less frequently by using personal leave time instead
of LPD trailing time to teach classes, which is a sacrifice I am willing to make.
= I first became a GAGE Instructor Trainer at the 2003 PPCT Human Factors Conference
in St. Louis,MO. I recertified in GAGE in 2005 and 2007. Each time I have made my
owls arrangements to obtain and retain certification in all PPCT disciplines beyond
Defensive Tactics Instructor Trainer.
o All LPD Subject Control Trainers have been certified as PPCT DT and GAGE
Instructors.
o Each year since 2004 LPD personnel have been trained in several GAGE skills
during annual training.
o DJS has never made a profit from training LPD personnel for training conducted
at LPD or any other site that they have trained under my guidance.
o LPD has not paid a dime for me to stay current in GAGE, Spontaneous Knife
Defense or Disruptive Student Management. I have not asked for any form of
compensation or reimbursement from LPD for the time and money I have spent
staying current in these disciplines.
In 2006 the LPD Training Coordinator set me up with the City as a preferred vendor.
This was during the Benevides' era when local vendors were supposed to be given
opportunity to bid on or selected for City jobs,preferentially. This didn't have much
bearing on DJS as J never have or intended to make a profit from LPD.
I have never been"on duty" including on an administrative or assigned training day with
LPD while teaching as a private vendor at LPD or elsewhere.
`i As a private vendor my students and I have utilized LPD owned training equipment as
well as my own equipment while teaching these classes. PPCT disciplines require
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striking pads and floor mats. These an-c difficult and often impractical for a training
provider to tote which is among reasons why training providers extend discounts to host
agencies.
i LPD trainers have maintained LPD equipment very well on the occasions it has been
used for any class taught.by DJS. DJS will facilitate the repair or replacement of
dainaged or lost LPD equipment during classes I teach.
i l have a training site of my own, the necessary equipment and other resources to hold
classes. I have not used LPD facilities or equipment in a cunning or clandestine manner
to get ahead financially.
I feel that what I do as a private trainer operating at LPD, on the few occasions it has
occurred, is analogous to the practices of those that teach at higher education institutions.
I am aware of instances where class tours have been given at the precincts or
administration building,where City conference rooms have been utilized for viewing
videos, lecturing or administering tests. I am also aware of students being referred to
LPD personnel to be interviewed for class projects. These LPD.employees have utilized
the listed resources while being paid by the higher education institution. This is for the
purpose of education and professional development. What I have been doing and wish
to continue is no different except that DJS taught classes would not be held at LPD if
someone from LPD was not intended to have direct benefit.
This arrangement has previously been considered from the position of an approved hosted
training provider. While training as DJS, I have always been off duty serving the professional
development needs of many law enforcement and security officers, including LPD personnel.
This practice has been done for 4 years completely out in the open with no intent to cheat or
otherwise scam the City.
OPTIONS
I have presented the following four options with consideration of GAGE Instructor Training at
LPD. I am hoping for a swift decision so annual training plans and scheduling for 2009 can
con-i rience by October 1, 2008.
1. Discontinue teaching of GAGE and/or other PPCT disciplines for all LPD.
2. Select a non LPD, outside GAGE Instructor Trainer to train our personnel.
3. Allow LPD Trainers to attend training that DJS is teaching at mine or any other site at a
negotiable rate which will exceed the cost of manuals.
4. Approve the arrangement that has existed since February 2005 which has been outlined
and argued above.
Respectfully Submitted,11%7
Darin J. So�afihwortli
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