The Appearance of Conflict: Letter to City Council
From: Ashley O’Reilly <ashleymkor@icloud.com>
Date: December 5, 2024 at 5:23:17 PM GMT
To: Graham Tom <tom@grahamre.com>, Michael Behrmann <mhbehrmann@gmail.com>, Jamie Melke <Jamielynnmelke@gmail.com>, kathy.motschall@yahoo.com, wendy@reeve4hscouncil.com
Cc: Victor Sinadinoski <citymgr@cityofharborsprings.com>
Subject: When conflicts of interests are addressed, the result – community first embedded in public trust governance
For the Public Record, please add to the December 9, 2024 City Council packet.
To the Members of City Council;
Honorable Mayor Graham
Councilperson Behrmann
Councilperson Melke
Councilperson Motschal
Councilperson Reeve
Mr James’s and Mr Mulder’s opposing views expressed during Public Comment (see YouTube link below) served as a moment’s pause for us all. We as a community need and require a better foundation in Conflict of Interest policy and it’s ramifications when not brought forward to Harbor Springs governance and it’s community.
In municipal governance the issues around Conflict of Interest are based in loyalty to purpose, and the public trust in non-biased decision making.
Southgate, Michigan defines Conflict of Interest:
- “Conflict of interest” is either a personal interest or a duty or loyalty to a third party that competes with or is adverse to a City official’s or employee’s duty to the public interest in the exercise of official duties or official actions.
Traverse City, Michigan defined in Planning Commission’s Bylaws Conflict of Interest:
- ’An appearance of conflict of interest exists when a reasonable person would believe that because of certain facts a Planning Commissioner’s participation in a proceeding would create an appearance of impropriety, impartiality, bias or lack of fairness.’
In the role of Planning Commissioner, loyalties must lie in the balanced representation of the community, democratic vote, and the needs through planning and zoning that realistically can be met in the community within the guidance of the Master Plans rather than a loyalty to the success of other organizations which would benefit greatly through zoning changes, enabled through the position that the Planning Commissioner could advantage.
Conflict of Interest – providing advantage to one public service position over another – is well referenced in aspects of Michigan law (Michigan Municipal League ‘Ethics’ link below) and is echoed in municipal Conflict of Interest policy practices throughout Michigan.
Many of the communities here in Emmet County and Northern Michigan are struggling with similar questions of ‘Conflict of Interest’ and it’s nuances. Charlevoix, Michigan for example saw Mayor Kurtz join the audience during a tax issue discussion at a City Council meeting so that public trust in non biased decision making would not challenge the integrity of the office of Mayor. It was a clear example of the community loyalty first mindset embedded in public trust.
- ‘’Mayor Luther Kurtz feels that even if a conflict of interest doesn’t “technically” exist it is important for each elected official to be transparent in their disclosure to the public.’’ (see Petoskey News Review link below).
In November 2020 Mr Mulder was appointed to a three year term on Planning Commission to serve January 1, 2021 – December 31, 2023 tasked with one year of the Master Plan process and 2 years of the Zoning review process. Even though Mr Mulder was not reappointed by Mayor Bugera at the end of 2023, the normal timing of Commissioners reappointments, the City’s website claims Mr Mulder’s term ends December 31, 2025 thereby creating a 5-year term on Planning Commission. This point needs review in all fairness to every volunteer wanting to serve and every appointed official, term expectations, various bylaws, and the community understanding of protocol and due process.
Along with a variety of previously mentioned issues and conflicts from other members of the community regarding Mr Mulder’s designated tasks on Planning Commission, before Mr Mulder returns to Planning Commission and the selection of Chair and a meeting schedule is procedurally established at the Planning Commission’s January meeting, and before any new review process to change our Zoning Code can begin, Mr Mulder’s position on Planning Commission needs review, a Mayor-City Council process for any reappointment and clarification of the 5-year term.
- It appears Mr Mulder plans to continue on Planning Commission and as Chair, which is an elected position each January from within Planning Commission for a one year term.
- It appears Mr Mulder plans to continue to set the community’s agenda to change zoning prior to any clear advisory action points from City Council and plans to establish a process schedule prior to agreement among Planning Commission members that also takes place at the January meeting.
The 3-year term and the validity of the extended two years, and with consideration that Mr Mulder has already served the community for a number of years and that there are others in the community that could fulfill this role, Mr Mulder’s continued service requires proper review from the Harbor Springs government that appointed the position, City Council (City Code excerpt see below).
The community’s delegated representatives, and in whom the community lays it’s community-first trust, City Council I thank-you in advance for reviewing and clarifying these issues for the good of the community.
Sincerely,
Ashley O’Reilly
523 Spring St
Harbor Springs
Resident
Registered Voter
Property owner
Resources:
1) Ethics Michigan Municipal League
https://www.mml.org/pdf/resources/publications/ebooks/HMO_by_chapter/CH%208%20Ethics.pdf
(2) “Conflict of interest” is either a personal interest or a duty or loyalty to a third party that competes with or is adverse to a City official’s or employee’s duty to the public interest in the exercise of official duties or official actions.
(4) “Official duties” or “official actions” are decisions, recommendations, approvals, disapprovals, or other actions which involve the use of discretionary authority
https://codelibrary.amlegal.com/codes/southgatemi/latest/southgate_mi/0-0-0-24024
3)2021 Petoskey News Review
Mayor Luther Kurtz, Charlevoix
‘Mayor Luther Kurtz feels that even if a conflict of interest doesn’t “technically” exist it is important for each elected official to be transparent in their disclosure to the public.’
“I think it is important for us to disclose where there is some interest even though there is not technically a conflict of interest so that the public has the opportunity to take that into consideration when you are talking about something,” said Kurtz.
4) 2018 Planning Commission Bylaws
Traverse City, Michigan
https://www.traversecitymi.gov/userfiles/filemanager/prpj9358qm3fh14k2olg/
5) 2024 City Council Meeting
December 2
Mr James and Mr Mulder COI
https://m.youtube.com/watch?v=DE1Cu3AsrcI
6) 2020 City Council Minutes
Mr Mulder to Planning Commission Resolution 9020
https://www.cityofharborsprings.com/wp-content/uploads/2021/01/Council-Meeting-Minutes-FY2020.pdf
7) 2023 City Council Minutes
No record of Mr Mulder’s reappointment to Planning Commission
https://www.cityofharborsprings.com/wp-content/uploads/2024/01/2023-City-Council-Meeting-Minutes.pdf
8) City of Harbor Springs
Planning Commissioners appointed for 3-year terms
https://www.cityofharborsprings.com/government/planning-commission/
9) Bylaws Planning Commissioner
3-year terms, appointed by Mayor, majority vote of City Council
Conflict of Interest
10) City Code
3.401 – 3.405 The term of each appointed member shall be three (3) years. Members, other than the member selected by the Council, after a public hearing, may be removed by the Mayor for inefficiency, neglect of duty or malfeasance in office. The term of the Chairman shall be one (1) year, with eligibility for reelection…and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be open to public examination in the office of the City Clerk at any reasonable time during business hours. The City Planning Commission shall make reports and recommendations to the City Council relative to the City’s planning needs, its anticipated growth, and shall submit plans to control future growth, promote community development and shall report on any and all other matters related to city planning as may be necessary, or as may be specifically charged to said Commission by the Council.