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HomeMy WebLinkAboutSample Copy of Affidavit of Disclosure and Instructions City Lansing of OFFICE OF THE CITY ATTORNEY James D. Smiertka, City Attorney r�- HtG ~ TO: Brian Jackson FROM: Mary Bowen DATE: November 11, 2022 SUBJECT: Review of Board of Ethics Materials Marked Confidential Brian, You have requested this office review certain Board of Ethics records marked as "confidential" in the City Clerk's office and to advise if the opinions file information are to remain confidential. A. ETHICS ORDINANCE Preliminary to this review,the following ethics ordinance provisions are noteworthy: Section 290.03-6(a): Pursuant to Michigan Compiled Laws 15.243(b)(i)and (ii), each complaint shall remain confidential until the meeting at which the Board of Ethics receives the analysis of the City Attorney. Continued confidentiality of the complaint and any material resulting from the Board's review and consideration shall be determined on a case-by-case basis in accordance with the Michigan Freedom of Information Act or any successor law. Section 290.02(g) "Confidential information" means information which has been obtained in the course of holding office or employment with the City, and which information is not available to members of the public under the Freedom of Information Act or other law or regulation and which the employee or officer has been instructed is being held confidentially. Any information which is disclosed in a meeting open to the public is deemed not to be confidential. B. REVIEW The files are identified as follows: 1 1. Opinions#23, 26,27,28 - (please note only opinion#s 23 and 26 were provided for review.) Both formal opinions#23 and 26 contain the following statement"This opinion is ordered held confidential pending release by order of the City Attorney or a court of competent jurisdiction." RESPONSE: Because this office does not have any information lifting the condition of confidentiality, these opinions remain confidential by order of the Ethics Board. No response is made concerning opinions not provided. 2. Complaint#2000-001 (a)—This file contains only a complaint and Initial Legal Analysis of the OCA. RESPONSE: This file contains insufficient information to permit the final determination as to the continued confidentiality—nonetheless if the records of the Ethics Board shows the matter was ultimately considered in an open meeting,the information contained in this file is no longer confidential. Ordinance Section 290.02(g). 3. Complaint#0001B—This file contains only the complaint and standard City Clerk transmittal letters to the Ethics Board Chair, complainant and respondent. RESPONSE: This file contains insufficient information to permit the final determination as to the continued confidentiality—nonetheless if the records of the Ethics Board shows the matter was ultimately considered in an open meeting,the information contained in this file is no longer confidential. Ordinance Section 290.02(g). 4. Complaint#2018-001 —This file contains the complaint,the Preliminary Written Analysis of the OCA, the City Attorney's opinion to the file on the subject of the complaint(disclosure of close session information),minutes of the Ethics Board copy of intra-Council email, email from City Clerk to City Clerk describing Ethics Board review of matter. RESPONSE: Based on the City Clerk's October 9, 2018 email describing the Ethics Board meeting actions,the file information is no longer considered confidential. Section 290.02(g). I trust this memo responses to your inquiry and provides a basis for future determination of Ethics Board files and information that the Clerk's office may have a one-time stamped as "confidential." 2 John F. Mertz ATTORNEY AND COUNSELOR 518 HOLLISTER BUILDING • 106 WEST ALLEGAN LANSING, MICHIGAN 48933 TELEPHONE (517) 482-5200 November 27 , 1989 Ms . Rita Baumann Secretary, Lansing Board of Ethics Ninth Floor, City Hall Lansing, Michaigan 48933 RE: Enclosed Disclosure Form Dear Rita: Enclosed is a copy of the correct disclosure form for use by your office. I sent it in two parts: one with the instructions; and one with the form itself. This is so they can be handed out separately and only the disclosure part returned and copied. Please withdraw any other forms you have been using and replace them with this one. Additionally, please supply a copy to all of the members of the Board for their reference. If you have any questions about this, please let me know. Very tr yours, J N F. MERT JFM:me Enclosure 11/27/89 CITY OF LANSING AFFIDAVIT OF DISCLOSURE OF CONFLICT OF INTEREST TO: [ ] CITY CLERK or [ ] CITY ATTORNEY and [ ] MAYOR and , DEPARTMENT HEAD or [ ] CITY COUNCIL PRESIDENT (Name) , being duly sworn, says under oath: 1. I am an elected or appointed officer or employee of the City of Lansing, holding the position of (Title) in the Department. This position is: [ ] Fulltime [ ] Parttime ( less than 25 hours/wk) [ ] Unpaid. 2. [ ] I , [ ] and/or my (Relationship) a member of my immediate family as defined in Ordinance 290. 02 (1) , [ ] 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 employee. The decision involved is described as follows: The financial benefit will be received by the following persons in the following amounts: ;and/or [ ] b. intend to have business dealings with the City of 1 11/27/89 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 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) [ ] 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 11/27/89 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 day of , 19 Subscribed and sworn before me the day of 19 , in County, Michigan Notary Public/or , Deputy Clerk County, Michigan My Commission Expires: FOR CITY CLERK/CITY ATTORNEY USAGE DATE FILED: COPIES SENT TO: [ ] Mayor [ ] City Council President [ ] Department Head [ ] Board of Ethics DATE SENT: BY: 4 CITY OF LANSING AFFIDAVIT OF DISCLOSURE OF CONFLICTS OF INTEREST (Adopted 2/27/89 ) NOTICE THIS FORM IS AUTHORIZED FOR USE FOR ALL DISCLOSURES OF CONFLICTS OF INTEREST. IT REPLACES THE ONE PAGE FORM PREVIOUSLY DISTRIBUTED BY THE CITY CLERK' S OFFICE. THE INFORMATION SUPPLIED IN THIS FORM MUST BE GIVEN UNDER OATH. THERE MAY BE EMPLOYMENT, CIVIL AND/OR CRIMINAL SANCTIONS IMPOSED UPON ANYONE MAKING A FALSE OR MISLEADING OATH OR STATEMENT ON THIS FORM. INSTRUCTIONS FOR COMPLETING AFFIDAVIT 1. Question 1 asks for identifying information. 2 . Question 2 asks for details of the conflict of interest. Choose the alternative or alternatives that describe your situation, and complete only the applicable section( s ) completely. Incomplete information will delay review of your filing by the Board of Ethics . 3 . Questions 3 to 6 apply in all cases. 4 . The completed form should be dated and executed, and your signature notarized. 5. Disclosures of financial conflicts of interest should be filed with the City Clerk. Disclosures of nonfinancial conflicts of interest should be filed with the City Attorney. 6 . After filing, your form will be reviewed by the Board of Ethics for completeness and conformity to state law, the charter, and any applicable ordinances . You will be advised if any additional information or if further action is required. Generally, the review will occur within 2-4 weeks of your filing. If speedier review is required, please indicate the date your review is needed by and your reasons for the request, in a separate letter filed with your affidavit. NINE COMMONLY ASKED QUESTIONS ABOUT DISCLOSING CONFLICTS OF INTEREST 1. Why do I have to fill out this form? Both state law and local charter provisions require timely, 1 full and complete disclosure, in writing, of actual and potential conflicts of interest. These provisions have been in effect since the mid and late 1970s . 2. When is an officer or employee required to file an Affidavit of Disclosure? As soon as a conflict exists, an officer or employee must promptly file an Affidavit of Disclosure with the City Clerk or the City Attorney, but in no event less than 10 days before any meeting of any governing body at which the matter will be discussed or considered. Where an officer or employee serves on a governing body responsible for approval of the matter in which there is a conflict, the disclosure must be made at the same time as the filing with the City Clerk, to the governing body (the Council President, in the case of Councilmembers) and be included in the public record of the proceedings. Last minute disclosures, except in an unusual circumstances, do not comply with state law or the Charter. However, in the event the issue unavoidably arises for the first time at a particular meeting, the governing body may determine by vote of an affirmative majority of disinterested members if a conflict exists which requires or permits a member to be excused from voting. At the very least, the nature of the conflict and the reasons for excusal or nonexcusal from voting should always appear in the record of the meeting. An Affidavit of Disclosure must then be filed as soon as practible after the meeting. 3. Does a person have to file an Affidavit of Disclosure on each transaction in which they are or may be in conflict, or may the Affidavit be generic in nature? An officer or employee must file an Affidavit of Disclosure on each separate transaction that involves a financial conflict. 4. What level of detail satisfies the requirement to fully disclose a conflict of interest? State law, the Charter and Conflict of Interest Ordinance require complete and specific details in order to satisfy the requirement of a full disclosure. The form is designed so that if fully completed, it will satisfy the disclosure requirement in most cases. 5. Is the purpose of the Affidavit of Disclosure to serve notice that I am unable to speak or vote on a matter, or does it simply serve as notice to other parties in the decision making process ii that I have a self interest as opposed to a public one? Both. In the appropriate case, it also notifies a governing body (and the public) , on the record, why the officer or employee with the conflict believes he or she can, in light of the conflict, make or participate in making a decision on the matter fairly, objectively, and in the public interest. 6. Is the filing of an Affidavit of Disclosure required even if I have already been excused from voting or participating in the decision of the matter? Yes. 7. What standards of conduct apply if I have a conflict of interest? When there is a conflict of interest relative to a public contract, state law sets the standards of conduct which apply. Officers and employees who contemplate being a party to a contract with the City are referred to MCL 15 . 321 et seq. , entitled, "Contracts Of Public Servants With Public Entities" . As a general rule, state law prohibits a full time officer or employee from having direct business dealings with the City. Volunteer and part time officers and employees may, if state law is complied with, have business dealings with the City. Violation of the state statute is a misdemeanor. In all other cases, Chapter 5 of the Charter and Chapter 290 of the Code of Ordinances supply the applicable rules . Copies of the Charter and Ordinance are available from the City Clerk. Any officer or employee may seek an advisory opinion from the Board of Ethics based on the facts of their specific situation, if they are uncertain about what rules apply to them, or about what they are required to do to resolve a conflict of interest. 8. Who am I allowed to communicate with about this matter, once I have filed an Affidavit of Disclosure? If you have a conflict of interest, whether or not you have filed an Affidavit of Disclosure, you may not officially or unofficially participate in the discussion or consideration of the item in conflict in any way, shape, or form, either directly or indirectly, either in furtherance of your public responsibilities or of your private interests, at any stage of the consideration of the matter in which you have a conflict, except in compliance with State law or Ordinance 290 . iii 9. Does being excused from voting or late filing of an Affidavit of Disclosure absolve any prior actions I may have taken on behalf of the matter in which I have a conflict of interest? No. iv CITY of LANSING INTEROFFICE COMMUNICATION "'ll ti - Iillll ��t.. _-I[Y"� •/. (IIII TO: JAMES D. BLAIR, City Clerk DA /13191 FROM: ALVAN P. KNOT, City Attorney �1 SUBJECT: AFFIDAVITS (2) OF DISCLOSURE Attached are two (2 ) Affidavits of Disclosure for safekeeping. The Board of Ethics reviewed and rendered its opinion on the Affidavits of Disclosure received from Mr. Dan Puuri and Mr. Donald P. Knechtel on June 4 , 1991 . /sp Attachments all z Wd r war T6 ONISN'► .uO j CITY OF LANSING AFFIDAVIT OF DISCLOSURE OF CONFLICTS OF INTEREST (Adopted 2/27/89 ) NOTICE THIS FORM IS AUTHORIZED FOR USE FOR ALL DISCLOSURES OF CONFLICTS OF INTEREST. IT REPLACES THE ONE PAGE FORM PREVIOUSLY DISTRIBUTED BY THE CITY CLERK' S OFFICE. THE INFORMATION SUPPLIED IN THIS FORM MUST BE GIVEN UNDER OATH. THERE MAY BE EMPLOYMENT, CIVIL AND/OR CRIMINAL SANCTIONS IMPOSED UPON ANYONE MAKING A FALSE OR MISLEADING OATH OR STATEMENT ON THIS FORM. INSTRUCTIONS FOR COMPLETING AFFIDAVIT 1. Question 1 asks for identifying information. 2 . Question 2 asks for details of the conflict of interest. Choose the alternative or alternatives that describe your situation, and complete only the applicable section( s ) completely. Incomplete information will delay review of your filing by the Board of Ethics . 3 . Questions 3 to 6 apply in all cases. 4 . The completed form should be dated and executed, and your signature notarized. 5 . Disclosures of financial conflicts of interest should be filed with the City Clerk. Disclosures of nonfinancial conflicts of interest should be filed with the City Attorney. 6 . After filing, your form will be reviewed by the Board of Ethics for completeness and conformity to state law, the charter, and any applicable ordinances . You will be advised if any additional information or if further action is required. Generally, the review will occur within 2-4 weeks of your filing. If speedier review is required, please indicate the date your review is needed by and your reasons for the request, in a separate letter filed with your affidavit. NINE COMMONLY ASKED QUESTIONS ABOUT DISCLOSING CONFLICTS OF INTEREST 1. Why do I have to fill out this form? Both state law and local charter provisions require timely, i full and complete disclosure, in writing, of actual and potential conflicts of interest. These provisions have been in effect since the mid and late 1970s. 2. When is an officer or employee required to file an Affidavit of Disclosure? As soon as a conflict exists, an officer or employee must promptly file an Affidavit of Disclosure with the City Clerk or the City Attorney, but in no event less than 10 days before any meeting of any governing body at which the matter will be discussed or considered. Where an officer or employee serves on a governing body responsible for approval of the matter in which there is a conflict, the disclosure must be made at the same time as the filing with the City Clerk, to the governing body (the Council President, in the case of Councilmembers) and be included in the public record of the proceedings. Last minute disclosures, except in an unusual circumstances, do not comply with state law or the Charter. However, in the event the issue unavoidably arises for the first time at a particular meeting, the governing body may determine by vote of an affirmative majority of disinterested members if a conflict exists which requires or permits a member to be excused from voting. At the very least, the nature of the conflict and the reasons for excusal or nonexcusal from voting should always appear in the record of the meeting. An Affidavit of Disclosure must then be filed as soon as practible after the meeting. 3. Does a person have to file an Affidavit of Disclosure on each transaction in which they are or may be in conflict, or may the Affidavit be generic in nature? An officer or employee must file an Affidavit of Disclosure on each separate transaction that involves a financial conflict. 4. What level of detail satisfies the requirement to fully disclose a conflict of interest? State law, the Charter and Conflict of Interest Ordinance require complete and specific details in order to satisfy the requirement of a full disclosure. The form is designed so that if fully completed, it will satisfy the disclosure requirement in most cases . 5. Is the purpose of the Affidavit of Disclosure to serve notice that I am unable to speak or vote on a matter, or does it simply serve as notice to other parties in the decision making process ii that I have a self interest as opposed to a public one? Both. In the appropriate case, it also notifies a governing body (and the public) , on the record, why the officer or employee with the conflict believes he or she can, in light of the conflict, make or participate in making a decision on the matter fairly, objectively, and in the public interest. 6. Is the filing of an Affidavit of Disclosure required even if I have already been excused from voting or participating in the decision of the matter? Yes. 7. What standards of conduct apply if I have a conflict of interest? When there is a conflict of interest relative to a public contract, state law sets the standards of conduct which apply. Officers and employees who contemplate being a party to a contract with the City are referred to MCL 15. 321 et seq. , entitled, "Contracts Of Public Servants With Public Entities" . As a general rule, state law prohibits a full time officer or employee from having direct business dealings with the City. Volunteer and part time officers and employees may, if state law is complied with, have business dealings with the City. Violation of the state statute is a misdemeanor. In all other cases, Chapter 5 of the Charter and Chapter 290 of the Code of Ordinances supply the applicable rules . Copies of the Charter and Ordinance are available from the City Clerk. Any officer or employee may seek an advisory opinion from the Board of Ethics based on the facts of their specific situation, if they are uncertain about what rules apply to them, or about what they are required to do to resolve a conflict of interest. 8. Who am I allowed to communicate with about this matter, once I have filed an Affidavit of Disclosure? If you have a conflict of interest, whether or not you have filed an Affidavit of Disclosure, you may not officially or unofficially participate in the discussion or consideration of the item in conflict in any way, shape, or form, either directly or indirectly, either in furtherance of your public responsibilities or of your private interests, at any stage of the consideration of the matter in which you have a conflict, except in compliance with State law or Ordinance 290 . iii 9. Does being excused from voting or late filing of an Affidavit of Disclosure absolve any prior actions I may have taken on behalf of the matter in which I have a conflict of interest? No. iv CITY OF LANSING AFFIDAVIT OF DISCLOSURE OF CONFLICT OF INTEREST TO: [ ] CITY CLERK or [ ] CITY ATTORNEY and [ ] MAYOR and , DEPARTMENT HEAD or [ ] CITY COUNCIL PRESIDENT (Name) , being duly sworn, says under oath: 1. I am an elected or appointed officer or employee of the City of Lansing, holding the position of (Title) in the Department. This position is: [ ] Fulltime [ ] Parttime ( less than 25 hours/wk) [ ] Unpaid. 2. [ 1 I , [ ] and/or my (Relationship) a member of my immediate family as defined in Ordinance 290 . 02 ( i ) , [ 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 employee. The decision involved is described as follows: The financial benefit will be received by the following persons in the following amounts: land/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 ;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) [ ] 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 day of , 19 Subscribed and sworn before me the day of 19 , in County, Michigan Notary Public/or , Deputy Clerk County, Michigan My Commission Expires: FOR CITY CLERK/CITY ATTORNEY USAGE DATE FILED: COPIES SENT TO: [ ] Mayor [ ] City Council President [ ] Department Head [ ] Board of Ethics DATE SENT: BY: 4 CITY OF LANSING AFFIDAVIT OF DISCLOSURE OF CONFLICTS OF INTEREST (Adopted 2/27/89 ) NOTICE THIS FORM IS AUTHORIZED FOR USE FOR ALL DISCLOSURES OF CONFLICTS OF INTEREST. IT REPLACES THE ONE PAGE FORM PREVIOUSLY DISTRIBUTED BY THE CITY CLERK ' S OFFICE. THE INFORMATION SUPPLIED IN THIS FORM MUST BE GIVEN UNDER OATH. THERE MAY BE EMPLOYMENT, CIVIL AND/OR CRIMINAL SANCTIONS IMPOSED UPON ANYONE MAKING A FALSE OR MISLEADING OATH OR STATEMENT ON THIS FORM. INSTRUCTIONS FOR COMPLETING AFFIDAVIT 1 . Question 1 asks for identifying information. 2 . Question 2 asks for details of the conflict of interest. Choose the alternative or alternatives that describe your situation, and complete the applicable section( s) completely. Incomplete information will delay review of your filing by the Board of Ethics. 3 . Questions 3 to 6 apply in all cases. 4 . The completed form should be dated and executed, and your signature notarized. 5 . Disclosures of financial conflicts of interest should be filed with the City Clerk. Disclosures of nonfinancial conflicts of interest should be filed with the City Attorney. Two copies of your Affidavit should also be supplied to the City Clerk or the City Attorney so that it can also be sent, as appropriate, to the Mayor or City Council President and your Department Head, if applicable. 6 . After filing, your form will be reviewed by the Board of Ethics for completeness and conformity to state law, the charter, and any applicable ordinances. You will be advised if any additional information or if further action is required. Generally, the review will occur within 2-4 weeks of your filing. If speedier review is required, please indicate the date your review is needed by and your reasons for the request, in a separate letter filed with your affidavit. 1 COMMONLY ASKED QUESTIONS ABOUT DISCLOSING CONFLICTS OF INTEREST 1. Why do I have to fill out this form? Both state law and local charter provisions require timely, full and complete disclosure, in writing, of actual and potential conflicts of interest. These provisions have been in effect since the mid and late 1970s. 2. When is an officer or employee required to file an Affidavit of Disclosure? As soon as a conflict exists , an officer or employee must promptly file an Affidavit of Disclosure with the City Clerk or the City Attorney, but in no event less than 10 days before any meeting of any governing body at which the matter will be discussed or considered. Where an officer or employee serves on a governing body responsible for approval of the matter in which there is a conflict, the disclosure must be made at the same time as the filing with the City Clerk, to the governing body (the Council President, in the case of Councilmembers) and be included in the public record of the proceedings. Last minute disclosures , except in an unusual circumstances, do not comply with state law or the Charter . However, in the event the issue unavoidably arises for the first time at a particular meeting, the governing body may determine by vote of an affirmative majority of disinterested members if a conflict exists which requires or permits a member to be excused from voting. At the very least, the nature of the conflict and the reasons for excusal or nonexcusal from voting should always appear in the record of the meeting. An Affidavit of Disclosure must then be filed as soon as practible after the meeting. 3. Does a person have to file an Affidavit of Disclosure on each transaction in which they are or may be in conflict, or may the Affidavit be generic in nature? An officer or employee must file an Affidavit of Disclosure on each separate transaction that involves a financial conflict. 4. What level of detail satisfies the requirement to fully disclose a conflict of interest? State law, the Charter and Conflict of Interest Ordinance require complete and specific details in order to satisfy the requirement of a full disclosure. The form is designed so that if 2 fully completed, it will satisfy the disclosure requirement in most cases . 5. Is the purpose of the Affidavit of Disclosure to serve notice that I am unable to speak or vote on a matter, or does it simply serve as notice to other parties in the decision making process that I have a self interest as opposed to a public one? Both. In the appropriate case, it also notifies a governing body (and the public) , on the record, why the officer or employee with the conflict believes he or she can, in light of the conflict, make or participate in making a decision on the matter fairly, objectively, and in the public interest. 6. Is the filing of an Affidavit of Disclosure required even if I have already been excused from voting or participating in the decision of the matter? Yes . 7. What standards of conduct apply if I have a conflict of interest? When there is a conflict of interest relative to a public contract, state law sets the standards of conduct which apply. Officers and employees who contemplate being a party to a contract with the City are referred to MCL 15. 321 et seq. , entitled, "Contracts Of Public Servants With Public Entities" . As a general rule, state law prohibits a full time officer or employee from having direct business dealings with the City. Volunteer and part time officers and employees may, if state law is complied with, have business dealings with the City. Violation of the state statute is a misdemeanor. In all other cases, Chapter 5 of the Charter and Chapter 290 of the Code of Ordinances supply the applicable rules . Copies of the Charter and Ordinance are available from the City Clerk. Any officer or employee may seek an advisory opinion from the Board of Ethics based on the facts of their specific situation, if they are uncertain about what rules apply to them, or about what they are required to do to resolve a conflict of interest. 8. Who am I allowed to communicate with about this matter, once I have filed an Affidavit of Disclosure? If you have a conflict of interest, whether or not you have filed an Affidavit of Disclosure, you may not officially or 3 unofficially participate in the discussion or consideration of the item in conflict in any way, shape, or form, either directly or indirectly, either in furtherance of your public responsibilities or of your private interests, at any stage of the consideration of the matter in which you have a conflict, except in compliance with State law or Ordinance 290 . 9. Does being excused from voting or late filing of an Affidavit of Disclosure absolve any prior actions I may have taken on behalf of the matter in which I have a conflict of interest? No. 4 CITY OF LANSING AFFIDAVIT OF DISCLOSURE OF CONFLICT OF INTEREST TO: [ ] CITY CLERK [ ] CITY ATTORNEY [ ) MAYOR [ ] CITY COUNCIL PRESIDENT [ ] , DEPARTMENT HEAD STATE OF MICHIGAN) COUNTY OF ) (Name) , being duly sworn, says under oath: 1 . I am an elected or appointed officer or employee of the City of Lansing, holding the position of (Title) in the Department. This position is: [ ] Fulltime [ ] Parttime ( less than 25 hours/wk) [ ] Unpaid. 2 . [ ] I , and/or [ ] my (Relationship) a member of my immediate family as defined in Ordinance 290 . 02 ( 1) , 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 employee. The decision involved is described as follows: 5 The financial benefit will be received by the following persons in the following amounts : [ ] b. intend to have business dealings with the City of 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) : [ ] 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: 6 [ ] 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) : [ ] 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: 7 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) [ ] 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: 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. 8 The foregoing Affidavit of Disclosure of Conflict of Interest was executed on the day of , 19 Subscribed and sworn before me the day of , 19 Notary Public/ Deputy Clerk County, Michigan My Commission Expires: FOR CITY CLERK/CITY ATTORNEY USAGE DATE FILED: COPIES SENT TO: [ ] Mayor [ ] City Council President [ ] Department Head [ ] Board of Ethics ON: BY: FOR BOARD OF ETHICS USAGE REVIEWED: [ ] Approved w/o Comment [ ] Approved w/Comment, See Opinion [ ] Not Approved: [ ] Returned For Additional Information On [ ] Prohibited Activity, See [ ] Other 9