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HomeMy WebLinkAboutResolutions - 2010.07.07 - 10144Chairperson, we move the adoption of the foregoing Resol Commissioner Tim Greimel Distr. t • 11 / ill/ iji t t/ Al _ ' om is ior;..{ District #fti mission- District Commissioner District # örnmissioner ict # ommissioner District # Commissione District # LA)1111111b1I.J1 le District # X44-- ‘- D istrict • Miscellaneous Resolution # 10175 BY: Commissioner Tim Greimel, District #11; P Avi Ill-'J15 41/ - -774-4 1-r.77 7-/Y ) X444 RE: Board of Commissioners — Enactment of Oakland County Ethics Ordinance TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, Oakland County taxpayers rely on Oakland County government for the prudent and ethical expenditure of residents' tax dollars and for the efficient, judicious, and ethical administration of county functions, including, but not limited to, lawenforcement, economic development, and public health protection; and WHEREAS, Oakland County's elected officials and employees have a moral obligation to exercise these important responsibilities free from self-interest and other unethical influences; and WHEREAS, Michigan Attorney General Mike Cox has drafted a Model Ethics Ordinance for Local Governments; and WHEREAS, the introductory comments to the Model Ethics Ordinance indicate that counties have the authority to enact such an ordinance under MCL 46.11(j); and WHEREAS, the attached Oakland County Ethics Ordinance is based almost entirely on Michigan Attorney General Mike Cox's Model Ethics Ordinance for Local Governments; and WHEREAS, enactment of the attached Oakland County Ethics Ordinance will help to ensure the prudent and ethical expenditure of residents' tax dollars and the efficient, judicious, and ethical administration of county functions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby enacts the attached Oakland County Ethics Ordinance; and BE IT FURTHER RESOLVED that the Oakland County Ethics Ordinance shall be in full force and effect when the requisite notice and other procedural requirements required under law are met. • Commissioner District # District # cq Commissioner District # C. issioner istri , minis sioUA—) Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # OAKLAND COUNTY ETHICS ORDINANCE CHAPTER ONE - PURPOSE AND DEFINITIONS Section 1 - 1. Purpose. The purpose of this ordinance is to set forth standards of conduct for the officers and employees of Oakland County (the "County"). The ordinance also provides references to certain state statutes that regulate the conduct of officers and employees of local goverment. The ordinance provides for the establishment of a Board of Ethics to hear complaints against officers and employees of the County and, when there is a reasonable basis to believe that the respondent has violated Chapter Two of this ordinance, to refer those complaints for prosecution and/or a disciplinary hearing by the appointing authority. The ordinance provides for penalties for violations of this ordinance. Section 1 - 2. Definitions. "Employee" means a person employed by the County, whether on a full-time or part-time basis. "Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, travel, lodging, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee. "Government contract" means a contract in which the [type of unit] acquires goods or services, or both, from another person or entity, but the term does not include a contract pursuant to which a person serves as an employee or appointed officer of the [type of unit]. "Governmental decision" means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, ordinance, or measure on which a vote by the members of a legislative or governing body of a public entity is required and by which a public entity formulates or effectuates public policy. "Immediate family" means a person and a person's spouse and the person's children and step-children, by blood or adoption, who reside with that person. "Officer or Official" means a person who holds office, by election or appointment within the County regardless of whether the officer is compensated for service in his or her official capacity. "Official action" means a decision, recommendation, approval, disapproval or other action or failure to act which involves the use of discretionary authority. "Prohibited source" means any person or entity who: (1) is seeking official action (i) by an officer or (ii) by an employee, or by the officer or another employee directing that employee; (2) does business or seeks to do business (i) with the officer or (ii) with an employee, or with the officer or another employee directing that employee; (3) conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or (4) has interests that may be substantially affected by the performance or nonperformance of the official duties of the officer or employee. CHAPTER TWO — STANDARDS OF CONDUCT Section 2 — 1. Gift Ban. Except as permitted by this ordinance, no officer or employee of the County shall intentionally solicit or accept any gift from any prohibited source or which is otherwise prohibited by law or ordinance. Section 2 — 2. Exceptions. Section 2 — I is not applicable to the following: (1) Opportunities, benefits, and services that are available on the same conditions as for the general public. (2) Anything for which the officer or employee pays the fair market value. (3) Any contribution that is lawfully made under the Campaign Finance Laws of the State of Michigan. (4) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother- in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of an individual's spouse and the individual's fiancé or fiancée. (5) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees. (6) Food or refreshments not exceeding $25 per person in value on a single calendar day; provided that the food or refreshments are (0 consumed on the premises from which they were purchased or prepared, or (ii) catered. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means. (7) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances. (8) Intra-governmental and inter-governmental gifts. For the purpose of this ordinance, "intra-governmental gift" means any gift given to an officer or employee from another officer or employee of the County, and "inter-governmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity. (9) Bequests, inheritances, and other transfers at death. (10) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $25. Each of the exceptions listed in this Section is mutually exclusive and independent of every other. Section 2 — 3. Disposition of gifts. An officer or employee does not violate this ordinance if he or she promptly takes reasonable action to return a gift from a prohibited source. Section 2 — 4. Confidential Information. A public officer or employee shall not divulge to an unauthorized person, confidential information acquired in the course of employment in advance of the time prescribed for its authorized release to the public by the Oakland County Board of Commissioners or, in the case of a public officer or employee not managed by the Oakland County Board of Commissioners, by the elected county-wide official who manages the public officer or employee. For purposes of this Section 2 — 4, "confidential information" does not include any information that the public has a right to obtain under Michigan's Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231 et seq. Suppression of or refusal to provide public records of the County is governed by the FOIA, the Records Retention Schedule of the local unit as approved by the State Archivist, and MCL 750.491 (Public records; removal, mutilation or destruction; penalty). See: Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231 et seq. Section 2 — 5. Personal Opinion. An officer or employee shall not represent his or her personal opinion as that of the County. Section 2 — 6. Public Resources. An officer or employee shall use personnel resources, property, and funds under the officer's Or employee's official care and control judiciously and solely in accordance with prescribed constitutional, statutory, and regulatory procedures and not for personal gain or benefit. Section 2 — 7. Personal Profit. A public officer or employee shall not engage in a business transaction in which the public officer or employee may profit from his or her official position or authority or benefit financially from confidential information which the public officer or employee has obtained or may obtain by reason of that position or authority. Instruction which is not done during regularly scheduled working hours except for annual leave or vacation time shall not be considered a business transaction pursuant to this subsection if the instructor does not have any direct dealing with or influence on the employing or contracting facility associated with his or her course of employment with this County. Section 2 — 8. Incompatibility and Conflicts of Interest. Except as otherwise provided in Const 1963, statute, or in Section 2 - 10, an officer or employee shall not engage in or accept employment or render services for a private or public interest when that employment or service is incompatible or in conflict with the discharge of the officer or employee's official duties or when that employment may tend to impair his or her independence of judgment or action in the performance of official duties. The simultaneous holding of more than one public position under certain circumstances is contrary to the requirements of the Incompatible Public Offices Act, MCL 15.181 et seq. However, the simultaneous holding of certain public positions is specifically authorized by the Michigan Constitution of 1963 or state statute. See: Incompatible Public Offices Act, 1978 PA 566, MCL 15.181 et seq. See: Const 1963, Article 7, Section 28. Local officials are specifically authorized to serve on the governing bodies of intergovernmental entities. Section 2 —9. Personal and financial interests. Except as provided in Section 2 — 10, an officer or employee shall not participate in the negotiation or execution of contracts, making of loans, granting of subsidies, fixing of rates, issuance of permits or certificates, or other regulation or supervision relating to a business entity in which the officer or employee has a financial or personal interest. See: Conflict of Interest Act, 1968 PA 317, MCL 15.321 et seq. This Act governs the solicitation by and participation in government contracts by officers and employees of the County and preempts all local regulations of such conduct. However, the Conflict of Interest Act does not apply to contracts between the County and its officers and employees which are based on the County's powers to appoint officers and hire employees. See: State Ethics Act, 1973 PA 196, MCL 15.341 et seq. Section 2 of this Act, MCL 15.342, set forth the standards listed in Sections 2 - 4 to 2 - 9 of this ordinance. However, no sanctions are imposed for violation of these standards by officers and employees of local units of government. Hence, the need for this ordinance to impose sanctions for the violation of these standards of conduct. Section 2 — 10. State Conflict of Interest Act, Validity of Contracts, and Voting on, Making, or Participating in Governmental Decisions. (1) This ordinance shall not in any mariner vary or change the requirements of 1968 PA 317, being sections 15.321 to 15.330 of the Michigan Compiled Laws which governs the solicitation by and participation in government contracts by officers and employees of the County and preempts all local regulation of such conduct. (2) This ordinance is intended as a code of ethics for the County's officers and employees. A contract in respect to which a public officer or employee acts in violation of this ordinance, shall not be considered to be void or voidable unless the contract is a violation of a statute which specifically provides for the remedy. (3) Subject to subsection (4), sections 2 - 8 and 2 - 9 shall not apply and an officer shall be permitted to vote on, make, or participate in making a governmental decision if all of the following occur: (a) The requisite quorum necessary for official action on the governmental decision by the County's Board of Commissioners to which the officer has been elected or appointed is not available because the participation of the officer in the official action would otherwise violate sections 2 - 8 and 2 - 9. (b) The officer is not paid for working more than 25 hours per week for the County. (c) The officer promptly discloses any personal, contractual, financial, business, or employment interest he or she may have in the governmental decision and the disclosure is made part of the public record of the official action on the governmental decision. (4) If a governmental decision involves the awarding of a contract, Sections 2 - 8 and 2 - 9 shall not apply and a public officer shall be permitted to vote on, make, or participate in making the governmental decision if all of the following occur: (a) All of the conditions of subsection (3) are fulfilled. (b) The public officer will directly benefit from the contract in an amount less than $250.00 or less than 5% of the public cost of the contract, whichever is less. (c) The public officer files a sworn affidavit containing the information described in subdivision (b) with the County's Board of Commissioners making the governmental decision. (d) The affidavit required by subsection (c) is made a part of the public record of the official action on the governmental decision. Section 2 — 11. Political Activities of Public Employee or Public Officer. (1) Employees of local units of government running for office, political campaigning by employees, and limitations on officers and employees seeking support from other employees for those campaigning for public office and for or against ballot proposals are regulated by the Political Activities by Public Employees Act, MCL 15.401 et seq. Complaints may be filed with the Michigan Department of Energy, Labor and Economic Growth. MCL 15.406. Violation of the provisions of this Act by employees and appointed officers are subject to appropriate disciplinary action, up to and including termination by the appointing authority. Violations of the ordinance are also subject to the sanctions listed in Chapter Five. (2) Michigan Campaign Finance Act, MCL 169.201 et seq. Complaints regarding compliance with this Act may be filed with the Michigan Department of State. See: Political Activities by Public Employees Act, 1976 PA 169, MCL 15,401 et seq. See: Michigan Campaign Finance Act, MCL 169.201 et seq. Section 2 — 12. Anti-nepotism. Unless the County's Board of Commissioners shall by at least a three-fourths (3/4) roll-call vote, which shall be recorded as part of its official proceedings, determine that the best interests of the County shall be served and the individual considered by such a vote has met the qualifications for appointive office or employment, the following relatives of any elected or appointed officer are disqualified from holding any appointed office or employment during the term for which said elected or appointed officer was elected or appointed: spouse, child, parent, grandchild, grandparent, brother, sister, half-brother, half-sister, or the spouse of any of them. This Section shall in no way disqualify such relatives or their spouses who are bona fide appointed officers or employees of the County at the time of the election or appointment of said officer to elective County office. Section 2 — 13. Equal Opportunity Employment, All of the County's officials and employees must comply with the County's Equal Employment Opportunity Policy and act respectfully toward others as required by the County's Equal Employment Opportunity Policy. Section 2 — 14. Representation Before Governmental Body. An official or employee of the County shall not represent any other person in any matter that the person has before the County when the officer or employee appoints or otherwise supervises the board, commission, officer or employee responsible for handling the matter. Section 2 - 15. Transactional Disclosure. Whenever an officer or employee is required to recuse himself or herself under Chapter Two of this ordinance, he or she: (a) shall immediately refrain from participating further in the matter, (b) shall promptly inform his or her superior, if any, and (c) shall promptly file with the Board of Ethics, if any, and clerk of the County a signed Affidavit of Disclosure disclosing the reason for recusal. The clerk shall send copies of the Affidavit of Disclosure to all of the members of the County's Board of Commissioners and the Affidavit shall be attached to the minutes of its next meeting. See: Model Affidavit of Disclosure — Transactional Form, attached hereto. Section 2 - 16. Annual Disclosure Statement. The following elected and appointed officers and employees shall file an annual disclosure statement: members of the County's Board of Commissioners, the Oakland County Executive and his/her Deputy Executive(s), the Oakland County Prosecutor and his/her Chief Assistant Prosecutor(s), the Oakland County Clerk and Register of Deeds and his/her Deputy Clerk(s), the Oakland County Treasurer and his/her Chief Deputy Treasurer(s) and Deputy Treasurer(s), the Oakland County Sheriff and his/her Undersheriff, the Oakland County Water Resources Commissioner and his/her Chief Deputy(ies) and Deputy(ies), the Judges of the Oakland County Circuit Court, the Judges of the Oakland County Probate Court, the Road Commissioners governing the Road Commission for Oakland County, the members of the Oakland County Parks and Recreation Commission, all directors and deputy directors (or those in effectively equivalent positions) of the County's administrative departments, and all employees who regularly exercise significant discretion over the solicitation, negotiation, approval, awarding, amendment, performance, or renewal of contracts with the County and/or with any of the County's subdivisions or departments. The annual disclosure statement shall disclose the following financial interest of the officer or employee or his or her immediate family in any company, business, or entity that has contracted with the County and/or with any of the County's subdivisions or departments or which has sought licensure or approvals from the County in the two calendar years prior to the filing of the statement: (a) Any interest as a partner, owner, member, employee, or contractor in or for a co-partnership, limited liability company, or other unincorporated business entity; (b) Any interest as a beneficiary or trustee in a trust; (c) Any interest as a director, officer, employee or contractor in or for a corporation; and (d) Legal or beneficial ownership of 5% or more of the total outstanding stock of a corporation. The annual disclosure statement shall include a summary listing each business transaction with the County and/or with any of the County's subdivisions or departments involving a financial interest described in this section of the County's officer or employee and/or the immediate family of the officer or employee during the two prior calendar years. If there is no reportable financial interest or transaction applicable to the officer or employee and/or the immediate family of the officer or employee, the annual disclosure statement shall contain a certification to that effect. See: Model Affidavit of Disclosure — Annual Form CHAPTER THREE - BOARD OF ETHICS Section 3 — 1. There is hereby created a board to be known as the Board of Ethics of the County. The Board shall be comprised of three members appointed by the County's Board of Commissioners by at least a three-fourths (3/4) vote. The County's Board of Commissioners shall select the three members to be so appointed from a list previously nominated by the League of Women Voters Oakland Area. No person shall be appointed as a member of the Board who is related, either by blood or by marriage up to the degree of first cousin, to any elected officer or employee of the County. No more than two members of the Board shall belong to the same political party at the time such appointments are made. Party affiliation shall be determined by affidavit of the person appointed. Members shall serve without compensation. Section 3 — 2. At the first meeting of the Board of Ethics, the initial appointees shall draw lots to determine their initial terms of 3, 2, and 1 year(s), respectively. Thereafter, all members of the Board of Ethics shall be appointed to 3-year terms by the County's Board of Commissioners as described in Section 3 — 1. Board of Ethics members may be reappointed to serve subsequent terms. At the first meeting of the Board of Ethics and thereafter at the discretion of the Board of Ethics, the Board of Ethics members shall choose a chairperson from their number. Meetings shall be held at the call of the chairperson or any 2 Board of Ethics members. A quorum shall consist of two Board of Ethics members, and official action by the Board of Ethics shall require the affirmative vote of two Board of Ethics members. The business of the Board of Ethics, including its hearings, shall be conducted at a public meeting held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 et seq. Section 3 — 3. The County's Board of Commissioners may, by at least a three-fourths (3/4) vote, remove a Board of Ethics member in case of incompetency, neglect of duty, or malfeasance in office after service on the Board of Ethics member by certified mail, return receipt requested, of a copy of the written charges against the Board of Ethics member and after providing an opportunity to the Board of Ethics member to be heard in person or by counsel upon not less than 10 days' notice. Mid-term vacancies shall be filled for the balance of the term in the same manner as original appointments. Section 3 — 4. The Board of Ethics shall have the following powers and duties: (1) To promulgate procedures and rules governing the performance of its duties and the exercise of its powers, but it may not expand its powers beyond those stated in this Section 3 —4. (2) To institute and organize, in conjunction with the County's Human Resources Department, regularly occurring (at least twice per year) ethics training workshops for the County's officers and employees to ensure that officers and employees are familiar with this ordinance and understand what conduct it prohibits. (3) Upon receipt of a signed, notarized, written complaint against an officer or employee alleging a violation of this ordinance occurring after this ordinance has been enacted: to investigate, conduct hearings and deliberations, issue referrals for disciplinary hearings, and refer violations of Chapter Two of this Ordinance to the attention of the appropriate prosecutor's office with a request for the filing of the appropriate criminal prosecution or civil infraction enforcement. The Board of Ethics shall, however, act only upon the receipt of a written complaint alleging a violation of this ordinance occurring after this ordinance has been enacted and not upon its own initiative. (4) To receive information from the public pertaining to its investigations and to seek additional information and documents from officers and employees of the County. (5) To request the attendance of witnesses and the production of books and papers pertinent to an investigation. It is the obligation of all officers and employees of the County to cooperate with the Board during the course of its investigations. Failure or refusal to cooperate with requests by the Board shall constitute grounds for discipline or discharge of appointed officers and employees of the County. (6) The powers and duties of the Board are limited to matters clearly within the purview of this ordinance. See: Model Ethics Complaint Form Section 3 — 5. (a) Complaints alleging a violation of this ordinance shall be filed with the Clerk of the County. The Clerk or member of the Clerk's staff shall attend the Board of Ethics meetings and act as secretary for the Board of Ethics. (b) Within 3 business days after the receipt by the Clerk of a complaint, the Clerk shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her together with a copy of the complaint. Within 3 business days after receipt by the Clerk of a complaint, the Clerk shall send by certified mail, return receipt requested, a notice of confirmation of receipt of the complaint together with a copy of the complaint to the complainant. The notices sent to the respondent and the complainant shall also advise them of the date, time, and place of the Board of Ethics hearing to determine the sufficiency of the complaint and to establish whether there is a reasonable basis to believe that the respondent has violated Chapter Two of this ordinance. The Clerk shall also concurrently send copies of the foregoing complaint and notices to the members of the Board of Ethics. (c) The Board of Ethics shall conduct a hearing to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of Chapter Two of this ordinance, to determine whether there is a reasonable basis to believe that the respondent has violated Chapter Two of this ordinance based on the evidence presented by the complainant and any additional evidence provided to the Board of Ethics at the hearing pursuant to its investigatory powers. The complainant and respondent may be represented by counsel at the hearing. Within a reasonable period of time after the completion of the hearing which may be conducted in one or more sessions at the discretion of the Board of Ethics, the Board of Ethics shall issue notice to the complainant and the respondent of the Board of Ethics' ruling on the sufficiency of the complaint and, if necessary, as to whether they find that there is a reasonable basis to believe that the respondent has violated Chapter Two of this ordinance. If the complaint is deemed sufficient to allege a violation of Chapter Two of this ordinance and the Board of Ethics finds that there is a reasonable basis to believe that the respondent has violated Chapter Two of this ordinance, then the Clerk shall notify in writing the attorney designated by the County's Board of Commissioners and shall transmit to the attorney the complaint and all additional documents in the custody of the Board of Ethics concerning the alleged violation, with the Board of Ethics' request for the filing of appropriate criminal or civil proceedings. The Clerk shall also provide these documents to the respondent's appointing authority within the County with the Board of Ethics' request for the commencement of appropriate disciplinary action consistent with any applicable collective bargaining agreement, civil service commission rules, or employment regulations of the County. (d) Sections 2b - 2e of the State Ethics Act, MCL 15.341 et seq, set forth protections for officers and employees who act as whistleblowers regarding the conduct of the County's officers and employees. Additional whistleblower protections are set forth in the Whistleblowers' Protection Act, 1980 PA 469, MCL 15.361 et seq. (e) Any person who files a complaint alleging a violation of this ordinance knowing that material information provided therein is not true or that information provided therein was made in reckless disregard for the truth may be subject to a fine of up to $500 as well as the reasonable costs incurred by the County in investigating the complaint and the reasonable costs incurred by the Respondent in responding to the complaint. (f) A complaint must be filed with the Clerk within 1 year of the date the offense is alleged to have occurred. CHAPTER FOUR — SANCTIONS Section 4 — I. Sanctions shall not be construed to diminish or impair the rights of an officer or employee under any collective bargaining agreement, nor the County's obligation to comply with such collective bargaining agreements. Section 4 — 2. State statutes cited in this ordinance contain criminal penalties and civil remedies that apply, as provided in those statutes, to the conduct regulated by those statutes. Section 4 — 3. A violation of this ordinance may be punished as a civil infraction by a fine of up to $500. Section 4 — 4. In addition to any other penalty, whether criminal or civil, an employee or officer who intentionally violates this ordinance may be subject to disciplinary action including censure, reprimand, removal, dismissal, or discharge. Section 4 — 5. In addition, the common law offense of misconduct in office (misfeasance, malfeasance, and nonfeasance) constitutes a felony as provided in the Michigan Penal Code, MCL 750.505 and willful neglect of duty constitutes a misdemeanor as provided in MCL 750.478. 1. MODEL AFFIDAVIT OF DISCLOSURE — TRANSACTIONAL (This form should be filed with the Clerk of the local unit) 1, make the following disclosure under oath: (name of officer/employee) Yes No I am an elected or appointed officer or employee of Oakland County, holding the position of in the department. 2. I may derive income or benefit directly from a contract with Oakland County or from any Oakland County action detailed below. I may have a conflict between a personal interest and the public interest, the nature of which is disclosed below. I may have a financial interest in a matter proposed to be acted upon by Oakland County as described below. I make this disclosure because of a possible appearance that I may be in violation of, or in conflict with, Oakland County's Ethics Ordinance and/or Charter. 3. My position is: Full Time Part Time (less than 25 hours/week) Unpaid 4. PLEASE DESCRIBE IN DETAIL YOUR REASON(S) FOR SUBMITTING THIS DISCLOSURE AND EXPLAIN WHY YOU THINK A CONFLICT MAY/MAY NOT EXIST: (Please attach additional sheets if needed.) I hereby certify that this disclosure is complete and accurate to the best of my knowledge, information and belief. This Affidavit of Disclosure was executed on this day of , 20 Signature of Officer/Employee Printed name of Officer/Employee STATE OF MICHIGAN COUNTY OF The foregoing instrument was acknowledged before me in County, Michigan this day of, 20 . Notary Public County, Michigan Acting in County, Michigan My Commission Expires: • JA MODEL AFFIDAVIT OF DISCLOSURE - ANNUAL (One original and one copy to be filed with the Ethics Board/Advisor/Officer annually.) The following elected and appointed officers and employees shall file an annual disclosure statement: members of Oakland County's Board of Commissioners, the Oakland County Executive and his/her Deputy Executive(s), the Oakland County Prosecutor and his/her Chief Assistant Prosecutor(s), the Oakland County Clerk and Register of Deeds and his/her Deputy Clerk(s), the Oakland County Treasurer and his/her Chief Deputy Treasurer(s) and Deputy Treasurer(s), the Oakland County Sheriff and his/her Undersheriff, the Oakland County Water Resources Commissioner and his/her Chief Deputy(ies) and Deputy(ies), the Judges of the Oakland County Circuit Court, the Judges of the Oakland County Probate Court, the Road Commissioners governing the Road Commission for Oakland County, the members of the Oakland County Parks and Recreation Commission, all directors and deputy directors (or those in effectively equivalent positions) of the County's administrative departments, and all employees who regularly exercise significant discretion over the solicitation, negotiation, approval, awarding, amendment, performance, or renewal of contracts with the County and/or with any of the County's subdivisions or departments. The annual disclosure statement shall include a summary listing of each business transaction with Oakland County involving a financial interest during the TWO (2) CALENDAR years prior to the filing of the disclosure. If there is no reportable financial interest, the official/employee shall file a disclosure statement to that effect. If additional space is necessary, please attach an addendum to the disclosure with the information outlined below. Yes No 1. I, or a member of my immediate family, have an interest as a partner, member, employee or contractor in or for a co-partnership, limited liability company, or other unincorporated business entity that has/had the following contract(s) with Oakland County: Date and duration of contract: Amount and terms: Parties involved: Description of products or services to be provided to Oakland County: Yes No 2. 1, or a member of my immediate family, have an interest as a beneficiary or trustee in a trust that has/had the following contract(s) with Oakland County: Date and duration of contract: 0 -a x Amount and terms: Parties involved: Description of products or services to be provided to Oakland County: Yes No 3. I, or a member of my immediate family, have an interest as a director, _ officer, employee or contractor in or for a corporation that has/had the following contract(s) with Oakland County: Date and duration of contract: Amount and terms: Parties involved: Description of products or services to be provided to Oakland County: Yes No 4. I, or a member of my immediate family, have legal or beneficial _ ownership of stock with a market value of $25,000 or more in a company which is doing business with the city and which is not listed on the New York or American Stock Exchanges that has/had the following contract(s) with Oakland County: Date and duration of contract: Amount and terms: Parties involved: Description of products or services to be provided to Oakland County: I hereby certify that this disclosure is complete and accurate to the best of my knowledge, information and belief. The foregoing Affidavit of Disclosure was executed on this day of , 20 Signature of Officer/Employee Printed name of Officer/Employee STATE OF MICHIGAN ) COUNTY OF The foregoing instrument was acknowledged before me in County, Michigan this day of , 20 . Notary Public County, Michigan Acting in County, Michigan My Commission Expires: MODEL ETHICS COMPLAINT FORM (This Complaint form should be filed with the Clerk of the local unit.) Any person may file a Complaint if he or she has information that a public officer or employee has violated the Ethics Ordinance. It is not enough to merely allege that a public officer or employee has acted improperly. A Complaint must contain credible information supporting the allegation(s) that one or more of the Standards of Conduct contained in the Oakland County Ethics Ordinance has been violated. This Form is not required, but its use is encouraged as a Complaint must be in writing and verified by oath or affirmation. A Complaint must be filed with the Clerk within I year of the date the offense is alleged to have occurred. A Complaint is deemed filed upon receipt by the Clerk. Complainant: Address: Telephone: Email: Public officer/employee subject to complaint (i.e. Respondent): Public position held by Respondent: Approximate date of alleged violation(s): Description of conduct by Respondent and section of the Oakland County Ethics Ordinance alleged to have been violated: (Please attach additional sheets i f needed.) , the Complainant herein, being duly sworn, state (or affirm) that the allegation(s) contained herein is/are true, except so far as they are stated to be based upon information, and to the extent they are based upon information, I believe them to be true. This Ethics Complaint was executed on this day of , 20_, by: Signature of Complainant Print name of Complainant STATE OF MICHIGAN ) COUNTY OF The foregoing instrument was acknowledged before me in Michigan this day of , 20 . County, Notary Public County, Michigan Acting in County, Michigan My Commission Expires: Any person who files a Complaint alleging a violation oldie Ethics Ordinance knowing that material information provided therein is not true or that information provided therein was made in reckless disregard for the truth may be subject to a fine of up to $500 as well as the reasonable costs incurred by the [type of local unit] in investigating the Complaint and the reasonable costs incurred by the Respondent in responding to the Complaint as provided in the Ethics Ordinance. A • MEMO TO: Commissioners Greimel FR: Sheryl L. Mitchell, Senior Analyst DA: July 7, 2010 RE: Resolution Introduction and Referral to Committee The blue backed original of the resolution is attached. Please have the sponsoring Commissioners sign the original (and if desired, obtain signatures of other Commissioners interested in signing on). Copies are provided for you to distribute to both the Republican and Democratic Caucus, prior to the Board meeting. Board procedure allows for the introduction of resolutions at the end of the Board meeting under "New and Miscellaneous Business." The resolution should be referred to the General Government Committee. The blue backed original with the signatures is handed over to the Clerks of the Board meeting. Please feel free to contact me, if I can be of any further assistance. from the desk of... Sheryl L. Mitchell Senior Analyst Oakland County Board of Commisstoners 1200 North Telegraph Road Pontiac, MI 48341-0470 248.858.4078 fax 248.452.9772 e-mail mitchells@co oakland.rni us Resolution #10175 July 7, 2010 The Chairperson referred the resolution to the General Government Committee. There were no objections.