Hamtramck Star

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Alley vacation: Gordon said that there is litigation regarding the project. Klein said they shouldn't discuss litigation in public. Allen said there was nothing about the litigation which prevented them from taking action. Gordon asked if the approach had been decided in regards to the alleys. Majewski said they weren't to discuss it then because the resolution was only to set a public hearing.

Majewski noticed that John Conyers came in, and he was invited to speak without suspension of the agenda.

Congressman Conyers said that there were three council meetings in his district that night, and he came by to thank them for the good relationship. He is proud to represent Hamtramck, and there is a lot of improvement that can happen with the relationship between the federal government and the City of Hamtramck. Voters must be registered 30 days before the November 4 election, and the papers are very complicated. Having to fill out the application will not inspire someone who isn't registered to vote. Anyone who needs help filling one out can call his office for assistance.

Follow up:

Klein thanked Conyers for holding the Bush Administration accountable. Ahmed thanked him for coming to the meeting. Gordon asked if he could bring any money to the businesses. Conyers said the appropriations process is fluid, and $1.3 trillion dollars over 5 years has been spent on a war that never should have happened. He would like to review with the Mayor what some of the key must-haves are that he can take to the appropriations committee. He knows lawyers and judges, and people can help him get things done. Majewski said she would get input from the council, city manager, and department heads before contacting his office.

Holbrook garden: Gordon said it was a wonderful idea, and asked Cooper if the zoning had to be changed. Cooper said the zoning might be okay, but the city land use plan had to be amended. Ahmed said it is about time for more parks, especially by the school on the South end. All voted in favor.

Festival: Stackpoole wasn't on the council last year, and asked if the festival organizers are typically responsible for police overtime, or if they are only responsible for the private security firm. Cooper said the organizers would be responsible for the cost of police officers. There has been a contract for police in the past, but there has also been some confusion about what happened over the last 2 years. He heard the Chamber was responsible and didn't pay, and that they were responsible, but the cost was waived. If the council wanted to waive the cost of policing, he would like to see a separate motion to that effect so the intent is clear and there is no question in the future.

Gordon said that in the past, the City Manager and Chamber of Commerce have signed an agreement. She agrees that the festival shouldn't have to pay for the police because the parade committee has never paid for the police. The Chamber paid for the parade 2002-2004.

Gordon asked what they should do with the two bills that have not been paid. Cooper said he only knows that bill were sent. Gordon said Majewski and Klein worked on the festival last year and asked why the bills weren't paid. Majewski said Klein didn't work on it at all and she only kept in touch with the President of the Chamber. Gordon said she attended at least four meetings about the festival run by Majewski and Klein last year. Majewski said nothing had come of those meetings, and the festival was still entirely in the hands of the Chamber of Commerce.

Gordon said it was okay that the cost of policing the festival would come from the police budget, and suggested that the city forgive the two bills on the books and pay for this year. She thought the chief might be more careful about scheduling if the cost is coming from his budget. Majewski asked for a tally of what the Chamber owes at the next meeting.

Gordon asked if the application could be approved with the issues still pending. The city is getting calls and bills about outstanding sales taxes for the last 2 or 3 years. Gordon suggested tabling the resolution. Majewski asked if Gordon was suggesting withholding permission for two weeks. Gordon said they could call a special meeting early the next week. The Department of Treasury told her that no sales tax had been paid in 3 years, and she didn't want to approve it. No one would second Gordon's motion to table. Ahmed said they were only giving permission.

Klein said it was too late to do anything about this year, but the structure needs to change. He said they should discuss what the city council wants to see in the future in September. Gordon said the city shouldn't be executing any sort of power over a private entity. They can only be sure that the festival pays the bills.

Ahmed said the council was simply giving permission. Majewski said they were the final word on whether or not the Chamber can have a festival at all. All voted in favor of granting permission for the festival.

Polish Day Parade: Gordon suggested removing the cost of security from the resolution. Ahmed asked if the parade owes money. Gordon said they have never been charged, and she thought the council decided not to charge for parades last year. Cooper said the parade could have their own security, and he suggested adding a sentence excluding the cost of Hamtramck police officers. The resolution passed unanimously.

Code of Ethics: Gordon said the new proposed ordinance is much shorter than the last version. She asked if they could change a provision about lunches. Allen didn't know why she would want to change it because the provision allows council people to attend meetings where lunch is served, or to have a piece of pizza at a community event. It would also allow the city attorney to buy lunch for council people.

Gordon asked if it is in bad taste to recruit department heads and city employees to attend political fund-raisers. Majewski said that wasn't addressed by the section referenced. Klein pointed out that city business isn't conducted at fund-raisers. Gordon agreed.

Ahmed asked about a provision barring businesses from employing city employees. Allen said that employees under his control as a public servant could not be employed. Cooper clarified that most city employees are under the control of the city manager. Individual department policies would apply. Allen said that the ramifications of having a city employee work at his business should also be considered. It is not covered by the ethics ordinance, but council people can always ask for the opinion of the city attorney before taking actions.

Ahmed said that his business conducts road tests for the Hamtramck Police Department. Allen said that the ordinance prohibits services that would be incompatible with the discharge of his official duties, and he didn't think it was an issue.

Gordon said that accepting gifts and doing work outside of the council should be discussed, but they were also looking for things that are not ethical and things that could be misconstrued. She thinks the ordinance should be about perceptions. Allen said there are established rules, and there have been 4 or 5 different versions. He thinks the new ordinance strikes a balance for those on council. Nothing about the ordinance is counterintuitive.

Gordon asked if disclosures of campaign donations filed at the Hamtramck clerk's office would be the same as those required by the county clerk. Majewski said it is the same.

Gordon asked about requests for opinions from the city attorney. She wanted to add the city manager take the requests because she doesn't think that any public servant should be able to pick up the phone and ask the attorney for an opinion. Shulgon said consultations with the city attorney are private matters. Allen said he is the attorney for council and for the mayor, even though he reports to the city manager, and they have the right to call him and ask for his opinion. It is no different than ethics ordinances in other cities. Wayne County has a person in their office that deals almost exclusively with ethics issues. They should check with him for an opinion rather than wait until later.

Cooper said the definition of public servant would mean that any employee or appointee would be able to call for an opinion, and the size of the legal bills here are a concern. There is a potential for large legal bills without him knowing that counseling was provided. He would not ask questions of an employee who wanted to talk to the attorney, but he would like to know before there are expenditures. Klein suggested limiting the provision for legal council to elected officials. Allen said the city manager could be the gate keeper, but the services being discussed are covered by his flat fee.

Klein asked if the employees are ethically challenged and will spend forty hours a week conferring with the city attorney. Cooper said they had to prepare for the worst-case scenario.

Klein wanted to add candidates for office to a requirement for filing disclosure forms be elected officials with the city clerk. Ahmed, Gordon and Allen said that Wayne County already gets the filings. Klein said his suggestion was a correction because there was a requirement for candidates to file when they didn't accept money, but not if they did. Majewski suggested removing candidates from the requirements altogether.

Gordon said they couldn't rewrite election laws,and most provisions were mandated by the county clerk. Allen said the ordinance makes the information more accessible. Klein said it goes beyond the state requirements because people can check a box that they didn't raise more than $1000 under state law, and the ordinance would require disclosure of all money raised. (Shulgon left the room.) Gordon asked why they would want that because they all spent more than $1000.

Klein said that he has seen people check the box when they clearly spent more on advertisements, literature, and signs. He said they were revealing a basic ethical fraud because people who lie on state forms could lie about anything next. Majewski said that a person who lies on state forms would lie on city forms too.

Cooper said that the disclosure requirement was the same as the state and county. Majewski asked if a sworn notarized statement is required by the state or county. Cooper said it is not. If the original change suggestion was made, it would address both sides of the issues. They could also take out the notarized statement if they wanted to.

Ahmed suggested tabling the ethics ordinance. There was no second. Gordon suggested requiring the city manager to approve attorney consultations. There was no second.

Gordon moved to table the ordinance, seconded by Ahmed. Ahmed and Gordon voted to table it, but the motion failed. Klein called the question. Gordon voted against it, but the ordinance passed. A public hearing was set for the next council meeting. Cooper suggested that council should submit changes to him so that he can provide a summary for all members to reveiw prior to the meeting. (Shulgon returned.)