HomeMy WebLinkAboutThielenShannon Affadavit Disclosure 2018 CITY OF LANSING AFFIDAVIT OF`DISCLOSURE=
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TO: CITY CLERK DATE: f ��
I 5LOY16n 7k,e. make the followingdisclosure under oath:
(Name)
PLEASE CHECK THE BOX AND FILL IN THE APPROPRIATE BLANKS FOR EACH OF THE
FOLLOWING ITEMS
❑ Yes ❑ No
1 ❑ I am an ❑ elected or ❑ appointed f9officer or ❑ employee of the City of Lansing holding the
position of LLec,F; ein 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
❑ ip 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 ❑ qP I may derive income or benefit directly or indirectly from the bidding of, negotiation of,
solicitation of or entry into a contract with the City or from and City action detailed below.
(Charter 5-505.1)
❑ q9 I may have a conflict between a personal interest and the public interest, the nature of
which is disclosed below. (Charter 5-505.2) [Chapter 290.04(I) of the Code of Ordinances]
❑ 0 1 may have a financial interest in a matter proposed to be acted upon by the City of Lansing
as described below. [Chapter 290.04(l) of the Code of Ordinances]
❑ O I 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 of Ordinances
and in the City Charter.
3 My City of Lansing position is:
Full-time ❑ Part-time (less than 25 hours/wk.) ❑ Unpaid
6/10
4 PLEASE DESCRIBE IN DETAIL YOUR REASON(S)FOR S&BMITTING THIS DISCLOSURE
AND EXPLAIN WHY YOU THINKA CONFLICT MAY/MAYNOT EXIST.
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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 '1 day of ,
20 - .
State of Michigan,County of
Subscribed and sworn to befor this f 7M gnegay � , 20
N#ry-p6bliclor eputy Clerk
MICHELLE R REDDISH County, Michigan
Notary Public -Michigan
Ingham County My Cori! Ission Expires: i o :.� e
My Commission Expires Oct 3,2019
Acting in the County of
7/10
ATTACHMENT TO AFFIDAVIT OF DISCLOSURE
Please provide additional information about your outside business or employment. Of special
interest to the Board is how the activities of the business or employment may directly or
indirectly affect the City. This disclosure is about information and is not an indication of any
anticipated conflict of interest or suspected wrongdoing. Therefore, please describe for the
Board what it is you actually do and be detailed and specific. You are not required to limit your
disclosure only to the following questions. For each business, include in your answer such
things as:
• What is the form of your business entity and what percentage do you own
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• Are you self-employed? 1�.5
• Who is your employer, if applicable?
What are the things you actually do in the business?
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• Who are your clients and who receives your goods or services?
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• How and where are your services performed? co"I
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• How often do you do outside work? S
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,Does your business or employer contract with the City? �jG
• In performing your business or outside employment, do you use any City facilities or
equipment?
1t� If so, describe:
• Is any of your business or employment conducted in the City? If so, describe:
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Does your business advertisement or circulars, if any, contain any reference to the City or
your City employment? �he C V t' „s• " o
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• Is there any additional information that you believe would assist the Board of Ethics in its
review of your business or personal activities for potential conflicts of interest? If so, please
describe: -S C _ a c fo.s or Snme 0-� &AP
In providing this additional information, the Board of Ethics asks that you give special attention to
the Conflicts of Interest section of the Charter found at 5-505.1 — 5-505.3. A copy is enclosed for
your convenience.
LANSING CITY CHARTER
(excerpt)
5-505 CONFLICT OF INTEREST
.l At least ten (10) days 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 derive any income or benefit, directly or indirectly, from a contract with
the City or from any City action, shall file an affidavit with the City Clerk detailing such income and 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.
The above provisions shall not apply to individual or collective bargaining agreements pursuant to which a
City officer or employee directly or indirectly receives income or benefits in the form of official remuneration
as an officer or employee, or any 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.
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MEMO
CONFIDENTIAL/ATTORNEY WORK PRODUCT/ATTORNEYZCL'IENT PRIVILEGE
To: Chief Yankowski "
From: Amanda O'Boyle for Office of the City Attorney
Re: Analysis of Supplemental Employment Request
Date: September 28, 2018
The City Attorney's Office received on September 19, 2018 a request from Detective Shannon
Thielen to create arts and crafts that include the City of Lansing Police Department's name,
global coordinates, identification number, year of establishment, and the motto "Capitol City's
Finest."The question raised by these crafts is whether this identification and association with the
Lansing Police Department inappropriately gives the appearance of endorsement of this privately
sold product by the government.
The Michigan Constitution, Article 7, § 26, states "Except as otherwise provided in this
constitution, no city or village shall have the power to loan its credit for any private purpose or,
except as provided by law, for any public purpose."
Further, the City of Lansing Ethics Ordinance prohibits the following:
• 290.04(d) No officer or employee shall falsely represent his or her personal
opinion to be the official position or determination of the governmental body of
which he or she is a member or employee. This subsection shall not apply to
statements by elected officials made in the course of fulfilling the responsibilities
of their office or in running for election to office, nor shall it apply to the
professional opinions of City Officers or employees rendered in the course of
performing their duties, provided that such opinions are clearly identified as
professional opinions.
• 290.04(f) No officer or employee shall use, or allow others to use,the authority,
title, or prestige of his or her public office for the attainment of the officer or
employee's, or that of a member of his or her immediate family's, private financial
benefit in any manner that is inconsistent with public interests.
In consideration of the applicable law above, an analysis of each sample submitted is outlined
below:
1) The 5-0 symbol makes no reference to the City of Lansing or the Lansing Police
Department and raises no appearance of impropriety.
2) The modified 5-0 symbol makes no reference to the City of Lansing or the Lansing
Police Department and raises no appearance of impropriety.
3) The"Love Lansing Police Dept."makes specific reference to the Lansing Police
Department and contains the department identification number. The use of the
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department's name and identification number could be construed as an endorsement of
the work. The use of the name could also be construed as using the Lansing Police
Department's authority and prestige for private financial benefit. The use of the term love
could also be construed as presenting a personal opinion as an official opinion of the
City.
4) The "LPD est. 1893"makes specific reference to the Lansing Police Department and the
year of establishment of the police department. The use of the department's name could
be construed as an endorsement of the work. The use of the name could also be construed
as using the Lansing Police Department's authority and prestige for private financial
benefit.
5) The last two examples contain nearly identical information including the name of the
Lansing Police Department, the motto "Capitol City's Finest,"the year of establishment,
global coordinates, and department identification number. The use of this information
could be construed as an endorsement of the work by the Lansing Police Department.
The use of the name could also be construed as using the Lansing Police Department's
authority and prestige for private financial benefit.
Based upon this analysis, the City Attorney's Office does not find any ethical or legal concerns
with samples 1 and 2. With respect to samples 3, 4, and 5, there is sufficient identification of the
Lansing Police Department to create the appearance of endorsement by the City of this private
craft and the appearance that the Lansing Police Department name and prestige is being used in a
way for private gain. Therefore, it is the determination of the Office of the City attorney that the
sale of these crafts would violate the Lansing Ethics Ordinance and potentially give the
appearance of endorsement by the City in violation of the Michigan Constitution.
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