HomeMy WebLinkAboutWilsonCraig Affadavit Disclosure 1988 AFFIDAVIT OF DISCLOSURE
Pursuant to the requirements of subsection 5-505. 1
of the Lansing City Charter, I, A,cA S
:Full nam ]
being an officer/employee of the City of Lansing, Michigan,
: hereby disclose that:
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I intend to have business dealings with the City of
Lansing, either directly or indirectly.
I may derive income and/or benefit, directly or in-
directly, in addition to my official remuneration as
a result of City Council action or a contract with
' the City.
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j The details of the above indicated business dealings,
:income, benefit and/or contract are as follows :
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;,STATE OF MICHIGAN)
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COUNTY OF INGHAM )
AFFIDAVIT OF DISCLOSURE
Pursuant to the requirements of subsection 5-505 . 1
of the Lansing City Charter, I,
:Full name]
being an officer/employee of the City of Lansing, Michigan,
hereby disclose that:
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I intend to have business dealings with the City of
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Lansing, either directly or indirectly.
!y. I may derive income and/or benefit, directly or in-
directly, in addition to my official remuneration as
a result of City Council action or a contract with
the City.
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The details of the above indicated business dealings ,
,:income, benefit and/or contract are as follows :
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L A N S I N G , Ili I C K I G !
CITY COUNCIL AREA CODE 517-483-4177 48933
1 OTH FLOOR,CITY HALL
September 26 , 1988
Mr. John Mertz, Chairperson
Board of Ethics
518 Hollister Building
Lansing, MI 48933
Dear Mr. Mertz:
As you are no doubt aware, the last couple of weeks has brought
discussion over the actions of a city councilmember. The
discussion revolves around the new road being built by the City
called "Pierre-Marquette Street" .
On Thursday, September 22, 1988, the Physical Development
Committee of the City Council passed a Motion asking the Ethics
Board for an advisory opinion on this conduct. As the
Chairperson of the Committee, I am writing to formally request
the opinion. The Physical Development Committee will take no
action on this issue until we receive your opinion.
In summary, the Committee is asking whether a conflict of
interest occurred directly before the councilmember spoke with
the City Attorney and whether it has occurred directly or
indirectly since then. Second, if a conflict of interest has
occurred, what procedures would you recommend Council to follow
for the eventual sale of land along Pierre-Marquette?
Statement of Facts
The following statement of facts is based upon Physical
Development Committee' s understanding of the situation.
The City of Lansing, by Council resolution, called for the
construction of a new road to be referred to as "Pierre-Marquette
Street" . The street is to run from Michigan Avenue to Shiawassee
Street parallel to the Conrail railroad tracks. The resolution
authorized public condemnation of the property and construction.
Several land owners along this proposed road had expressed
interest in the completion of the road for possible expansion of
their businesses . To avoid any possible conflict, the Council
also asked that all land be held off the market until a master
plan was completed for the area.
"Equal Opportunity Employer"
Recently it came to the attention of the Council that Capitol
City Lumber (not one of the original land owners) was interested
in purchasing a parcel in . the area. In fact, an offer and
proposal for counter-offer had been made. A concern was raised
on Council regarding what effect selling one parcel would have
before the completion of the road and plan. The Council then
passed a resolution affirming that no sales of land were to be
considered until completion of the land use plan. It was also
discovered at that time that for some months a councilmember had
been the real estate agent for Capitol City Lumber, and,- as
states in The Lansing State Journal of September 20 , 1988 , has
been disucssing the sale directly with the Director of Planning
and Municipal Development and his staff. As a result of these
meetings, apparently, a decision was made to accept Capitol City
Lumber' s offer. While the councilmember excused himself from
voting on the resolution, he has never filed an affidavit of
disclosure.
Statement of questions
The ultimate question seems to be: In future dealings on the
sale of land along Pierre-Marquette Street, what procedures and
recommendations should the Council follow to insure public
confidence that the land disposition is being made to all
interested persons fairly?
Obviously, the above is moot if the councilmember was not acting
in conflict of interest. Hence, the penultimate question is
whether the councilmember, in not filing an affidavit and
speaking with a department head on a matter with which he had a
direct financial interest (if verified as to fact) , was in a
conflict of interest.
On the issue of whether an individual is acting in conflict of
interest, several issues need clarification in our minds. _First,
when is a councilmember required to file an affidavit? Second,
is the affidavit q reuired regardless of being excused from
voting? Th -d, does the being excused from voting absolve any
prior actions on the same matter which were in conflict? Fourth,
who--i-s ._an elected official allowed to communicate with, even
if
their have f i led_ _ an - -__ affidavit: Fifth, what level_ _ o_r__detaii_
satisfies the affidavit requirement? Sixth,-_ what is the purpose
of` he affidavit requirement? Is-it simply to serve notice that
th-is--person is unable-to speak or vote on this matter, or is it
simply to serve as notice on other parties in the decision making
process that this person has a self-interest as opposed to a
public one? Seventh, does a person have to file an affidavit on
each trans action _whi-cl they ar—e nay -be in conflict or-may the
affidavit be generic in nature,-Le I am a -seller of machinery
for road building'"; as- -opposed to, "On Contract X I am planning
to bid"?
-2-
The motion of Councilmember Creamer was to refer this "entire
matter" to the Ethics Board. As a result, you should not look at
the specific questions as a limitation as much as a focus . Your
consideration, help, and guidance on this issue is most
appreciated. As I am sure you understand, this is a pending
matter before Council and any expediting of your opinion would be
most appreciated. If we can be of any further assistance, please
contact us . In the course of your investigation and opinion, the
resources of the City are at your disposal.
For the Physical Development Committee;
Lucile Belen, Charles Creamer,
Sidney P. Worthington - Members,
By: uti
idney P. Worthington
Chairp s n
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By CHRIS GOLEMBIEWSKI 08.�
Lansing State Journal
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A-Lansing city councilman's real estate deal may be 0 cot 0 >, Ca
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sent to the cityethics board to determine if it is a 04 ca.0 O= E
conflict of interest. t ON-:5
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Councilman Sid Worthington W 0 a 0
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opinion on councilman and real es-
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volvement in a proposed sale of
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city property to a lumber compa- 0 r� CO 0,�!- 0-0 Z-U
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ny. A council committee will dis- c.0 E m
cuss the issue Thursday.
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propriety.are flying in both direc- "cd
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tions over the deal. 0 rA cc .5o. 6315 03 a
Lindemann, an agent with Cast- U_
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er and Associates, said that pres- Lindemann I? 70- 0. C11 CO V)
sure from lawyers of other busi- CIZ In 11•F�
nesses that want the downtown land is forcing the 5" 'n 2, :2 Z�!76
council to block the relocation of Capitol City Lumber
2 -20 (D
Co. to the corner of Larch and Shiawassee streets.
no 0 ro y�,.CZa T,The company is losing its lease at 700 E.Kalamazoo 2 �C; 'A co-0 a)
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improvement center at the site of the College Bike t; y o rZ U
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Shop, another Caster client. The company requires Z E Z.0 0—
another 1.5 acres of adjacent city-owned property. W 0
"To take a Lansing businessman and throw him out
on the street is ridiculous," Lindemann said. "The
issue is fair process."
'But council members are worried that an appear-
ance of a conflict of interest reflects badly or, them if
they approve a sale in which a member profits.
"They are all concerned that we can be charged
with favoring a councilman,"said Councilwoman Lu-
cile Belen.
Said Lindemann:"I've done nothing improper,ille-
gal or unethical."
Last week, the council passed a policy delaying
land sales until a land use plan is ready for a proposed
street corridor between Michigan Avenue and
Shiawassee near Clara's Restaurant. That's near the
site the lumber company wants. The council upheld
the policy again Monday. Lindemann abstained from
voting both times.
The city is buying several acres of railroad proper-
ty running from Clara's north to Shiawassee to create
See LAND, Page 313
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