HomeMy WebLinkAboutBrownSusan Affidavit Disclosure 2004 CITY OF LANSING
AFFIDAVIT OF DISCLOSURE
:O
pDA
TO: CITY CLERK,
CITY ATTORNEY, or
BOARD OF ETHI
I 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
1. ❑ I am an ❑ elected or ❑ appointed ❑ officer orfi'employee of the City of
Lansing holding the position of in the
P,J,`« 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)
❑ ❑ 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(l) of-the Code of Ordinances]
❑ ❑ 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(l) of the Code of
Ordinances]
❑ 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 or Ordinances and in the City Charter
3. This position is: Full time ❑ Part time (less than 25 hours/wk) El Unpaid
4. My Address is: WOJ � I4D i) j cF 0 G1 O W. L /Lzc. z
Laos,`l7 iu/ it!/
CONTINUED ON PAGE 2
AFFIDAVIT OF DISCLOSURE-PAGE 2
5. My Business (daytime) Phone # is: 5" L"83 '6"/7
6. PLEASE DESCRIBE IN DETAIL YOUR REASON(S) FOR SUBMITTING THIS DISCLOSURE
AND EXPLAIN WHY YOU THINK A CONFLICT MAY/MAY NOT EXIST.
I am submitting this affidavit of disclosure because Motorola is paying for flight,hotel
and conference fees for 3 LPD representatives to attend this year's user conference. This
is their annual user conference and will be held in Costa Mesa, CA on October loth thru
the 14th
•
The use conference enables administrators and go-to persons of their records
management systems to gain further knowledge of the systems, network with other
agencies using the same software, and attend break-out sessions to learn new capabilities
from new releases of our current records management software applications. This 5 day
conference is essentially an intensive immersion in both of our primary records
management systems, Offendertrak for jail and Infotrak for police.
As the "go-to person"/administrator for all questions of the Offendertrak and Infotrak
records management systems, the benefits to attending are a critical piece of the on-going
success of these LPD mission critical systems.
None of the conference attendees receive any other benefit from Motorola and Motorola
is already our vendor for our records management and computer aided dispatch systems.
This conference is provided by Motorola so we can better use, understand and support
their products that we use every day.
No conflict of interest exists due to our attendance (at Motorola's expense) at this
conference but we felt it best to disclose that Motorola will be funding our attendance.
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 execu ed on this y day of ( } o,
20 Of.
CLc�_
Signed
State of Michigan, County of J7 25A2 + /
Subscribed and sworn to before me this S C �� day of_/t L 5 I 20 C0 LI
R Not ry Public/or Deputy Clerk
N0Pd rW�., C- i �, �-rV County, Michigan
�► ,ffi��F�sik
My Commission Expires: tO '/
DRAFT 5A:REVISED 10-09-01
City of Lansing - Board of Ethics
September 15, 2004
Susan Brown, Sergeant
Lansing Police Department
120 W. Michigan Ave.
Lansing MI 48933
Dear Ms. Brown:
At their regular meeting held on Tuesday, September 14, 2004, the Board of Ethics took up
the affidavit of disclosure you filed. The Ethics Board has asked me to convey their decision
to you. It is as follows:
"To receive and place on file the Affidavit of Disclosure filed by
Susan Brown, Sergeant in the Lansing Police Department with no
further board action required or contemplated. Further to express
to Ms. Brown the Board's appreciation for her pre-emptive action
in bringing this matter to their attention."
Sincerely,
Debbie Miner
Lansing City Clerk
a
(517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 48933-1695
City of Lansing - Board of Ethics
September 15, 2004
Joseph Alan Diaz, Detention Officer
Lansing Police Department
120 W. Michigan Ave.
Lansing MI 48933
Dear Mr. Diaz:
At their regular meeting held on Tuesday, September 14, 2004, the Board of Ethics took up
the affidavit of disclosure you filed. The Ethics Board has asked me to convey their decision
to you. It is as follows:
"To receive and place on file the Affidavit of Disclosure filed by
Joseph Diaz, Detention Officer in the Lansing Police Department
with no further board action required or contemplated. Further to
express to Mr. Diaz the Board's appreciation for his pre-emptive
action in bringing this matter to their attention."
Sincerely,
Debbie Miner
Lansing City Clerk
(517) 483-4130 City Clerk's Office, 124 W. Michigan Ave. Lansing, MI 48933-1695
MINUTES: BOARD OF ETHICS 7EETING SEPTEMBER 14, 2004,pg. 5
information in the affidavit and Mr. Roberts review. feels there is a conflict of interest
based on indirect involvement in the purchasing decision and a direct benefit based on his
checkthe #2 box on the affidavit of disclosure.
Member Frybort said that it seems to him that what Mr. Simon is doing is not the Board's
concern at this point. The Board would address this concern after he puts a bid in and
address it with the people who are making the selection of a vendor. The Board would
address this in the selection process not in the bidding process.
Attorney Roberts said this is the proper time for him to make the disclosure. He quoted
from 5-505.1 of the City Charter that requires "at least ten 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:"
Member Frybort suggested that the Board respond by saying that they do not deny him
being part of the list, but caution him that making such a bid may result in denial.
Attorney Roberts urged Board members to look to the ordinance to see what prohibited
acts are and determine which sections Mr. Simon would fall into.
Member Amen Hetep stated that Mr. Simon benefits from information that others do not
have. This is a conflict.
Chairman Nole said there is a similarity between this situation and the one involving the
LPD Officer whose wife owned Patches Plus. She did business with the City by putting
LPD patches on police uniforms. There is also the man from the BW&L that made
equipment that the Board might bid on because he is the only person who made that
particular equipment.
Member Frybort said that from his perspective Mr. Simon claims that he does not know the
people involved. Other bidders might know these people better than he does. Also, this
is completely irrelevant to the job he does at the Board.
Member Amen Hetep asked how you would be able to know the value of a potential profit
from the BW&L, if you were not a BW&L employee.
Vice Chair Sullivan said the question is, what is the BW&L's process for selecting bids.
Attorney Roberts said that another approach is that it is outside of the Ethics Ordinance
and Charter provisions, but looking at State of Michigan Statutes that the Board has looked
at previously that says a public servant shall not be a party, directly or indirectly to any
5
MINUTES: BOARD OF ETHICS MEETING SEPTEMBER 14, 2004, pg. 4
Chairman Nole said that he does not see any personal gain that these officers would get
from attending this conference.
V
Attorney Roberts said that on the surface, this could look different tha, it really is. The City
has already paid for this when they purchased the service/maintenance contract, and if
they do not attend then the City loses a benefit of something they have already paid for.
The primary purpose and function is education, not having fun, or sales. This is consistent
with the descriptions of what the purpose of a conference is. Also, the vendor does not
pay for the food of the attendees outside of the initial welcome dinner. He asked Lt.
Person if attendees are given anything to bring back with them, such as a sport jacket or
set of golf clubs? Lt. Person answered no.
Member Folkers asked what the value of taking two other officers to the conference is. Lt.
Person said that Sgt. Brown is fielding all patrol questions and doing administrative pieces
and Mr. Diaz is running all of the technical aspects of the program as it interfaces at the
City Jail. Without them, he would be in big trouble. They are the administrative users
support and problem solvers.
Motion by Vice Chair Sullivan that the affidavits of disclosure from Officer Diaz, Lt. Person
and Sgt. Brown be received and placed on file with no further comment or action required
and seeing no conflict involved.
MOTION CARRIED 7/0
d. Brian Simon, Pump Operator for the Board of Water & Light at the Eckert Station
Attorney Roberts reported speaking with Mr. Simon. He 'ia pump station operator at the
BW&L power station. He monitors the systems in the pump room on the first floor of the
power station while electrical generation is being run./le monitors the power generation
boiler valves. The nature of his affidavit is that he ias a computer company which has
been in business for 3 years. He recently cptpoiJ as an LLC. He sells computer
hardware, servers, operational Software and anti virus software applications. He wants to
apply to the IT Department at the Board to be a vendor to be considered when they send
out RFP's for hardware or equipment so that he can pitch his product to the BW&L for sale
to them. He has not been on the vendor supplier list in the past. In the BW&L ITRC
Department he would deal with Kay or Brian or Frances. These are the people who work
with the vendors and evaluate the RFP's and make recommendations to someone else
that actually makes the purchasing decision. He does not know what department that
person is in, nor does he know what his name is. He is not dealing with anyone at the
BW&L that he knows or has direct contact with. He works from 2:00 P.M. to 10:30 P.M.
at the pump station.
Member Amen-Hetep said he feels that a conflict of interest exists based on the
4
MINUTES: BOARD OF ETHICS MEETING SEPTEMBER 14, 2004, pg. 3
related to records.
Member Frybort asked Lt. Person if not attending the conference would put him at a
technical disadvantage. Lt. Person said yes, for two reasons; LPD would not know what
is coming in the future and also would not be able to collaborate with other Michigan Cities
and County Sheriff's Departments that will be in attendance and meet with developers to
discuss problems and concerns that they have for future upgrades to the program.
Member Frybort asked Lt. Person if there is an opportunity to compare what is purchased
from them and select another bidder in the future. Lt. Person said that they went through
a 9 month RFP process to select this communications equipment. You usually stick with
the company you have chosen because the equipment is hugely expensive.
Member Folkers asked Lt. Person if there are other sources for similar equipment that set
up tables or booths at the conference that attendees may peruse to view their equipment.
Lt. Persons said that there is a reception on Sunday and vendors demonstrate their
products then, but after that the vendor booths are torn down and attendees are going to
classes.
Member Amen Hetep asked Lt. Person if he is the Department expert on this system. Lt.
Person answered in the affirmative, saying that they used to have a staff of 4 that were
expert in it's use, but he is the only one left. Member Amen Hetep asked if there is an
opportunity to become an expert for Motorola on this system. Lt. Person said that he
supposed the opportunity exists. Most of their reps are retired.
Member Folkers asked if this equipment is absolutely vital to LPD operations. Lt. Persons
responded affirmatively, saying that it is how they take 911 calls that go into the CAD
system and send officers to respond. It simultaneously goes into the lap top in the police
car that the responding officer is driving and from there it gets pulled into the Que which
is their records management system. When an arrest is made it goes into the records
management system for the Jail. All three systems talk to each other. Member Folkers
reiterated his understanding that getting another bid or switching to another company
would be a major cost to LPD, correct? Lt. Person said it would cost millions of dollars.
Attorney Roberts added that the City Attorney also gets copies of reports that go into the
Que.
Member Frybort asked what other products this company offers for technical assistance
and why is their attendance at this conference critical. Lt. Person said their attendance is
critical because they do updates sometimes without notice. Information is provided at
these seminars about annual updates and LPD must then train their employees to adjust
to the changes that upgrades effect. Also, all police agencies use the same system and
have all of their choices presented at the seminars. This is critical to the future planning
of countrywide systems.
3
MINUTES: BOARD OF ETHICS MEETING SEPTEMBER 14, 2004, pg. 2
receipt and filing of the Affidavit of Disclosure she filed
RECEIVED AND PLACED ON FILE
2. Affidavits of Disclosure filed by:
a. Joseph Alan Diaz, Detention Officer for the Lansing Police Department
b. Steve J. Person, Lieutenant in the Lansing Police Department
c. Susan Brown, Sergeant in the Lansing Police Department
Lt. Person of LPD said that he has been the technical services lieutenant for 6 or 7 years.
He applies for grants. PrinTrak is the company that purchased Motorola and offers
technical seminars that are critical to three key people who run their communication
systems.
PrinTrak requires an affidavit of disclosure to allowthese employees to attend the technical
seminar conference that will teach them about upgrades to the system and future plans for
upgrades. The cost of attending the seminars is included in the purchase price of the
service contract that was purchased by LPD.
Deputy City Attorney Roberts said that he could not find in the affidavit the source of how
officers go about being invited to the conference. Is this something that is contained
specifically in the contract for maintenance? Lt. Person said it is a condition of the
maintenance contract. The Lansing Police Department asked a couple of years ago to
have the provision removed from the contract, but their request was denied. Attorney
Roberts asked how long LPD has been sending people to this conference. Lt. Person
answered 10 years. Usually it is he/himself who goes, but sometimes it is Joe Diaz.
Attorney Roberts asked if there are any vendor activities that go on at the conference such
as new equipment, software or hardware upgrades, etc? Lt. Person said that PrinTrak
shows what they have going on in the way of potential future changes. This is the first year
for the changeover in ownership of this company and he does not know what will be
offered. Attorney Roberts asked if Costa Mesa is where past conferences have been held.
Lt. Person said they have been in Boulder, Colorado or Cost Mesa. Attorney Roberts
asked if PrinTrak pays transportation costs for attendees. Lt. Person said they pay for the
airfare, the hotel rooms and the conference registration fee. The attendees have to pay
for their meals. Attorney Roberts asked if any sight seeing or golf fees are paid by
Motorola? Lt. Person said if those activities are engaged in the attendee must pay for
them. Attorney Roberts asked at the conference how much of the day is taken up with
seminars. Lt. Person answered, all day. There are three different product modules they
must attend, CAD, Jail and Police Records. Classes run from 10:00 A.M.to 5:00 P.M.with
concurrent sessions all day for an entire week. Attorney Roberts asked Lt. Person if he
has any responsibility for the selection of a vendor or the equipment as a part of his job.
Lt. Person said for what they are selling, yes. The City owns everything they sell now
2
MINUTES
LANSING CITY BOARD OF ETHICS
REGULAR MEETING
SEPTEMBER 14, 2004 - 5:30 P.M.
TENTH FLOOR COUNCIL CONFERENCE ROOM, LANSING CITY HALL
The meeting was called to order at 5:30 P.M. in the Tenth Floor Council Conference Room,
City Hall, Lansing, Michigan.
BOARD MEMBERS PRESENT: Bob Nole, Chairperson
Ellen Sullivan, Ph.D, Vice-Chairperson
Jason Amen Hetep
Mary Claiborne
Ronald Frybort
Rev. John Folkers
Rev. LaSandra Jones
ABSENT: David Merchant
A QUORUM WAS PRESENT Yes
OTHERS PRESENT: Jack Roberts, Chief Deputy City Attorney
Debbie Miner, City Clerk
M. Denise Griffin, Deputy City Clerk
PUBLIC COMMENT: There was no public comment.
APPROVAL OF AGENDA: Motion by Member Amen Hetep to approve the agenda
as submitted
MOTION CARRIED 7/0
SECRETARY'S REPORT: Approval of Minutes: Motion by Vice Chair Sullivan to
correct the minutes of the July 13, 2004 Meeting by the deletion of the reference to LeDuc
University, and to insert Professor LeDuc, of Cooley Law School. And to credit Member
Frybort with the idea for educational sessions for Board Members, and to approve the July
13 minutes as corrected.
MOTION CARRIED 7/0
Communications and Petitions sent and received since the last meeting:
1. Letter to City of Lansing Personnel Director Nancy Cunningham advising her of the
1
CITY OF LANSING - BOARD OF ETHICS
REGULAR MEETING
OCTOBER 12, 2004 - 10TH FLOOR COMMITTEE ROOM, CITY HALL
AGENDA
CALL TO ORDER: 5.30 P.M. The Chair presiding
ROLL CALL: Robert Nole, Chair i/Ron Frybort
Jason Amen Hetep [fl/ rev. LaSandra Jones
�Rev.
Mary Claiborne I ,/David A. Merchant II
John Folkers Ellen Sullivan, PhD, Vice Chair
A Quorum is: ❑ Present ❑ Not Present ❑ Others Present: I5—
L\'
UBLIC COMMENT: (TIME LIMIT OF 5 MINUTES PER SP ,ER)
��
�C 2
APPROVAL OF AGENDA: O As Submitted O With Changes Not�i (�„-
QJ
SECRETARY'S REPORT: O Approval of Minutes: Minutes of September 14 20Q4 rf ufl
O Communications received and sent since last meeting:
1. Affidavit of Disclosure filed by Susan M. Topping, CPA, Deputy Treasurer of the City of
Lansing Treasury and Income Tax Division _= xJ kr \ d'i ,,
3. Affidavit of Disclosure filed by Dorothy Boone,Development Manager of the City of Lansing
Planning and Neighborhood Development Department ('v `. \- Q•
, � 3. Letter to Lt. Steve J. Person, of LPD informing him of the disposition of the Affidavit of
JCV Disclosure he filed
� 4. Letterto Officer Joseph Alan Diaz, Detention Officer of LPD informing him of the disposition
of the Affidavit of Disclosure he filed
7 5. Letter to Sgt. Susan Brown of LPD informing her of the disposition of the Affidavit of
Disclosure she filed
CITY ATTORNEY'S REPORT:
CHAIR'S REPORT:
TABLED:
OLD BUSINESS:
NEW BUSINESS:
BOARD ROUND TABLE
ADJOURNMENT
employees.
.6 The Board,when it deems it appropriate,
may request the City Altorney;5 Office for assistance
in compelling the production of doe omen ts and
witnesses to assist the Board in the conduct of any
investigation.
.7 Within one year from the effective date of
this section the City shall provide all 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 arc subject
to the applicable state lam,regarding the conduct
of public meetings. Records of the Board shall
be filed with the City Cleric and are available for
public review as required by state law.
5-504 PROTECTION OF PUBLIC INTEREST
.1 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 lifter the effective date of this section,
restrictions,sinlilar.to those enacted by the State of
Michigan by statute prescribing standards of conduct
for City officers and employees. To the extent
pernitted.by law,the ordinance shall generally
include,but not be limited 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
nrq'be made punishable by forfeiture of office
or position.
5-505 CONFLICT OF INTEREST
.1 At least ten(1 0)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 nlay 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;
(B)Any City action by which the City officer
or employee may derive any incomc 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 orally 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
fling. 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 who shall serve as
ex-officio members of the Board,without a vote,for
a one-year term commencing on July I 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 DAPJN 1. SOUTJTWORTII, 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-I- years and a Subject Control Trainer for 12-I-years. In 2005 I 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/1 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 assignment 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 accommodate 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 took 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 took 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.
`r I have completed supplemental employment paper work three 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
participaults. DJS also has a waiver of liability form protecting DJS and host agency.
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 employee(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.
1
r Since the Fall of 2004 1 have worked with LPD Administration and Training
Coordinators, to honor" the necessary MCOLES and City requirements for LPD to liosi
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 cluring the clays I teach.
o DJS requires a facility, floor plats, A/V equipment and MCOLES 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 names 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 curriculum, 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 priillary responsibilities less frequently by using personal leave time instead
of LPD training 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
own 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 inoney I have spent
staying current in these disciplines.
In 2006 the LPD Training Coordinator set rile 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 I never have or intended to make a profit from LPD.
I have never been"oil duty" including oil an administrative or assigned training day with
LPD while teaching as a private vendor at LPD or elsewhere.
r 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
2
striking pads and floor mats. These are difficult and often impractical for a training
provider to tote which is among reasons why training providers extend discounts to host
agencies.
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
damaged or lost LPD equipment during classes I teach.
I have a training site of 111y 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 ant 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 ant 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 notbe 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
continence 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,
Darin J. Sp�.rtliwortc
3
!1 1' ' j .tivl
_._.__....... __ ,.._._._....... - •.. ............._..............._.............._.........._.._...:.._................_..-.._....._._..._-.._.__,_..._..__._...._...._......
,_ .. ........_.._ Fage 1
9/1 5/2 00 83 Eller Sosebee-Affidavit of Disclosure Form.pdf
CITY OF LANSING
AFFIDAVIT OF DISCLOSURE
DATE: C'/
TO: CITY CLERK,
CITY ATTORNEY, or
BOARD OF ETHICS fI
I :-��..r,,� �i;`.,�;/�G�� make the following disclosure under oath:
(Name
PLEASE CHECK THE APPROPRIATE BOX OR FILL IN THE BLANKS FOR EACH OF THE
FOLLOWING ITEMS
1. ises Na
i Q I am an O elected or O appointed Q officer O employee of the City of
Lansing 1plding the position of ___ in the
/aryl t C��.• department
Q C> I am an immediate family member related to an elected or appointed
officer or employee of the City of Lansing named
holding t he position o f in the
department.
I am a Business 'Associate of an elected or appointed officer or employee
of the City of Lansing named
Holding the p osition o f in the
• Department,
2. O I may derive income or benefit directly from a contract with the City or from
any City action detailed below. (Charter 5-505.1)
O r' 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(l) of the Code of Ordinances]
O 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(l) of the Code of
Ordinances]
Q 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 or Ordinances and in the City Charter
3, This position is: Q Full timearl time (less than 25 hours/wk) QUnpaid
4. My Address is:
5, My Business (daytime) Phone f/is:
CONT1NUED ON PAGE 2
CITY OF LANSING - BOARD OF ETHICS
REGULAR MEETING
FEBRUARY 10, 2004 - 10TH FLOOR COMMITTEE ROOM, CITY HALL
REVISED AGENDA
CALL TO ORDER: 5:30 P.M. The Chair presiding
ROLL CALL:
❑ Robert Nole, Chair ❑ Ron Frybort, Member
❑ Jason Amen Hetep, Member ❑ Rev. LaSandra Jones, Member
❑ Mary Claiborne, Member ❑ David A. Merchant II, Member
❑ Rev. John Folkers O Ellen Sullivan, PhD, Vice Chair
A Quorum is: ❑ Present ❑ Not Present ❑ Others Present:
PUBLIC COMMENT: (TIME LIMIT OF 5 MINUTES PER SPEAKER)
APPROVAL OF AGENDA: ❑ As Submitted❑ With Changes Noted
SECRETARY'S REPORT:
❑ Approval of Minutes: Minutes of January 13,
2004
❑ Communications received and sent since last meeting:
1. Letter to Daniel J. Flynn Principal Consultant in the Project Engineering Department of the Board of Water
& Light informing him of the disposition of the Affidavit of Disclosure he filed.
2. Letter to Mary Soya, Corporate Secretary at the Board of Water&Light submitting a copy of the letter to
Mr. Flynn advising of the disposition of his affidavit of disclosure.
3. Letter to Brian J. Davis of the City of Lansing Fire Department informing him of the Finding of a Conflict
of Interest with regard to the Affidavit of Disclosure he filed.
4. Letterto Steve Bolenbaugh, Fire Marshal submitting a copy of the letter to Mr. Davis advising of the finding
of a Conflict of Interest with regard to the Affidavit of Disclosure he filed.
5. Affidavit of Disclosure filed by Eric Tumbarella, Manager in the Management Services Department of the
City of Lansing
CITY ATTORNEY'S REPORT:
CHAIR'S REPORT:
TABLED:
OLD BUSINESS:
1. Ethics Board Opinion # 33, Response to Complaint#2003-2a and 2b
2. Revised Meeting Schedule for 2004
3. Revised Membership Roster
NEW BUSINESS:
1. Viewing of the Ethics Training Video
2. Affidavit of Disclosure filed by John Klein Construction Rehab Specialist in the Code Compliance Office
of the Planning and Neighborhood Development Department
BOARD ROUND TABLE
ADJOURNMENT
CITY OF LANSING - BOARD OF ETHICS
REGULAR MEETING
FEBRUARY 10, 2004 - 10TH FLOOR COMMITTEE ROOM, CITY HALL
REVISED AGENDA
CALL TO ORDER: 5:30 P.M. The Chair presiding
ROLL CALL:
❑ Robert Note, Chair ❑ Ron Frybort, Member
❑ Jason Amen Hetep, Member ❑ Rev. LaSandra Jones, Member
❑ Mary Claiborne, Member ❑ David A. Merchant II, Member
❑ Rev. John Folkers ❑ Ellen Sullivan, PhD, Vice Chair
A Quorum is: ❑ Present ❑ Not Present ❑ Others Present:
PUBLIC COMMENT: (TIME LIMIT OF 5 MINUTES PER SPEAKER)
APPROVAL OF AGENDA: ❑ As Submitted ❑ With Changes Noted
SECRETARY'S REPORT:
❑ Approval of Minutes: Minutes of January 13, 2004
❑ Communications received and sent since last meeting:
1. Letter to Daniel J. Flynn Principal Consultant in the Project Engineering Department of the Board of Water
& Light informing him of the disposition of the Affidavit of Disclosure he filed.
2. Letter to Mary Soya, Corporate Secretary at the Board of Water& Light submitting a copy of the letter to
Mr. Flynn advising of the disposition of his affidavit of disclosure.
3. Letter to Brian J. Davis of the City of Lansing Fire Department informing him of the Finding of a Conflict
of Interest with regard to the Affidavit of Disclosure he filed.
4. Letterto Steve Bolenbaugh, Fire Marshal submitting a copy of the letter to Mr. Davis advising of the finding
of a Conflict of Interest with regard to the Affidavit of Disclosure he filed.
5. Affidavit of Disclosure filed by Eric Tumbarella, Manager in the Management Services Department of the
City of Lansing
CITY ATTORNEY'S REPORT:
CHAIR'S REPORT:
TABLED:
OLD BUSINESS:
1. Ethics Board Opinion # 33, Response to Complaint#2003-2a and 2b
2. Revised Meeting Schedule for 2004
3. Revised Membership Roster
NEW BUSINESS:
1. Viewing of the Ethics Training Video
2. Affidavit of Disclosure filed by John Klein Construction Rehab Specialist in the Code Compliance Office
of the Planning and Neighborhood Development Department
BOARD ROUND TABLE
ADJOURNMENT
CITY OF LANSING - BOARD OF ETHICS
REGULAR MEETING
FEBRUARY 10, 2004 - 10T" FLOOR COMMITTEE ROOM, CITY HALL
REVISED AGENDA
CALL TO ORDER: 5:30 P.M. The Chair presiding
ROLL CALL:
El Robert Note, Chair ❑ Ron Frybort, Member
El Jason Amen Hetep, Member ❑ Rev. LaSandra Jones, Member
❑ Mary Claiborne, Member ❑ David A. Merchant II, Member
❑ Rev. John Folkers ❑ Ellen Sullivan, PhD, Vice Chair
A Quorum is: ❑ Present ❑ Not Present ❑ Others Present:
PUBLIC COMMENT: (TIME LIMIT OF 5 MINUTES PER SPEAKER)
APPROVAL OF AGENDA: ❑ As Submitted ❑ With Changes Noted
SECRETARY'S REPORT:
❑ Approval of Minutes: Minutes of January 13, 2004
❑ Communications received and sent since last meeting:
1. Letter to Daniel J. Flynn Principal Consultant in the Project Engineering Department of the Board of Water
& Light informing him of the disposition of the Affidavit of Disclosure he filed.
2. Letter to Mary Soya, Corporate Secretary at the Board of Water& Light submitting a copy of the letter to
Mr. Flynn advising of the disposition of his affidavit of disclosure.
3. Letter to Brian J. Davis of the City of Lansing Fire Department informing him of the Finding of a Conflict
of Interest with regard to the Affidavit of Disclosure he filed.
4. Letter to Steve Bolenbaugh, Fire Marshal submitting a copy of the letter to Mr. Davis advising of the finding
of a Conflict of Interest with regard to the Affidavit of Disclosure he filed.
5. Affidavit of Disclosure filed by Eric Tumbarella, Manager in the Management Services Department of the
City of Lansing
CITY ATTORNEY'S REPORT:
CHAIR'S REPORT:
TABLED:
OLD BUSINESS:
1. Ethics Board Opinion # 33, Response to Complaint#2003-2a and 2b
2. Revised Meeting Schedule for 2004
3. Revised Membership Roster
NEW BUSINESS:
1. Viewing of the Ethics Training Video
2. Affidavit of Disclosure filed by John Klein Construction Rehab Specialist in the Code Compliance Office
of the Planning and Neighborhood Development Department
BOARD ROUND TABLE
ADJOURNMENT
CITY OF LANSING - BOARD OF ETHICS
REGULAR MEETING
FEBRUARY 10, 2004 - 10TH FLOOR COMMITTEE ROOM, CITY HALL
REVISED AGENDA
CALL TO ORDER: 5:30 P.M. The Chair presiding
ROLL CALL:
❑ Robert Nole, Chair ❑ Ron Frybort, Member
❑ Jason Amen Hetep, Member ❑ Rev. LaSandra Jones, Member
❑ Mary Claiborne, Member ❑ David A. Merchant II, Member
❑ Rev. John Folkers ❑ Ellen Sullivan, PhD, Vice Chair
A Quorum is: ❑ Present ❑ Not Present ❑ Others Present:
PUBLIC COMMENT: (TIME LIMIT OF 5 MINUTES PER SPEAKER)
APPROVAL OF AGENDA: ❑ As Submitted ❑ With Changes Noted
SECRETARY'S REPORT:
❑ Approval of Minutes: Minutes of January 13, 2004
❑ Communications received and sent since last meeting:
1. Letter to Daniel J. Flynn Principal Consultant in the Project Engineering Department of the Board of Water
& Light informing him of the disposition of the Affidavit of Disclosure he filed.
2. Letter to Mary Soya, Corporate Secretary at the Board of Water& Light submitting a copy of the letter to
Mr. Flynn advising of the disposition of his affidavit of disclosure.
3. Letter to Brian J. Davis of the City of Lansing Fire Department informing him of the Finding of a Conflict
of Interest with regard to the Affidavit of Disclosure he filed.
4. Letterto Steve Bolenbaugh, Fire Marshal submitting a copy of the letterto Mr. Davis advising of the finding
of a Conflict of Interest with regard to the Affidavit of Disclosure he filed.
5. Affidavit of Disclosure filed by Eric Tumbarella, Manager in the Management Services Department of the
City of Lansing
CITY ATTORNEY'S REPORT:
CHAIR'S REPORT:
TABLED:
OLD BUSINESS:
1. Ethics Board Opinion # 33, Response to Complaint#2003-2a and 2b
2. Revised Meeting Schedule for 2004
3. Revised Membership Roster
NEW BUSINESS:
1. Viewing of the Ethics Training Video
2. Affidavit of Disclosure filed by John Klein Construction Rehab Specialist in the Code Compliance Office
of the Planning and Neighborhood Development Department
BOARD ROUND TABLE
ADJOURNMENT