HomeMy WebLinkAbout1997-12-11 Board of Ethics Minutes BOARD OF ETHICS
December 11 , 1997
� MINUTES
(As corrected and approved December 18 , 1997)
A meeting of the Board of Ethics of the City of Bangor was
called to order at 6 : 00 p.m. on December 11 , 1997 in the Third
Floor Conference Room at Bangor City Hall, pursuant to prior public
notice. The following Board members were present:
Michael Alpert (Chair)
Alan Boone
Garth Chandler
Wayne Mallar
Martin Sabol
Carrie Edwards-Welsh
David Zelz
Erik Stumpfel, City Solicitor, and Roxanne Moore Saucier of the
Bangor Daily News were also present. Cheryl Higgins , City
employee, and Leo J. Higgins , a resident of Bangor, also attended
the meeting.
Minutes of the Board' s previous meeting (November 13 , 1997)
were approved as submitted.
• Following approval of the previous meeting' s minutes , the
Board heard presentations from the following individuals concerning
fundraising activities by or on behalf of the City of Bangor.
Edward A. Barrett, City of Bangor City Manager, gave a general
overview of the types of gifts and donations received by the City
of Bangor in recent years . The City Manager offered some personal
observations on City fundraising activities , including potential
problem areas . Mr. Barrett' s remarks are summarized in a
memorandum to the Board dated December 11 , 1997 , attached.
Dale Theriault, City of Bangor Director of Parks and
Recreation, provided information on the City' s "Adopt-a-Park"
program. Mr. Theriault stated that in 1993 , by Council Order
93-384 , the City Council had authorized the Director of Parks and
Recreation to contact area businesses to solicit annual support for
a total of 23 City parks identified in the Council Order. Annual
support was established at pre-determined levels ranging from
$700 . 00 to $1 , 500 . 00 per park. The initial commitment of the
participating businesses was for a three year term. A total of 15
parks obtained sponsorship, and all of the original sponsors have
renewed their sponsorships since the initial term expired in 1996 .
Some solicitation remains ongoing for non-sponsored parks on the
original list. Mr. Theriault specifically mentioned that he
intended to contact Home Depot, a new business in the City, within
• the week. The initial solicitation of the original 15 sponsors was
by letter mailing to several hundred businesses with follow-up
personal contacts with those businesses expressing an interest in
the program.
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� Funds received from park sponsors are deposited to a
segregated account within the City' s accounting system. Under
recently-adopted procedures , expenditures from the account must be
approved by the City Council through a special appropriation.
Funds donated by park sponsors typically are used to fund
improvements or enhancements that are additional to the City' s
normal budget appropriations for park maintenance and
improvements . All donations are receipted and acknowledged in
writing to the donor. Funds within the donation account may be
used to fund improvements or enhancements to any sponsored park,
but not to non-sponsored parks . Program participants are informed
at the time of solicitation that the City' s use of donated funds is
not restricted to the individual park sponsored by the particular
donor.
The City erects signs in each sponsored park, identifying the
sponsor. All signs are of a uniform size and design, although
multiple signs sometimes are placed in the larger sponsored parks .
Mr. Theriault explained that the program had a two-fold goal:
First, to raise public awareness of the City' s park facilities
through active, private-sector sponsorship of particular parks , and
second, to generate supplemental financial support for the City
park system at a time (1993) when state budget shortfalls and cuts
in state aid to municipalities were reducing available public
sector support. The focus of the program itself grew out of an
• informal voluntary sponsorship of the City' s Cascade Park by a
local hospital, prior to 1993 .
Jeffrev Cammack, City of Bangor Fire Chief, provided handout
materials and other information on a variety of fund-raising
activities that involve Bangor firefighters in an official or
unofficial capacity. Fire Department fundraising activities
include the following:
(1) Infrared Thermal Imaqinq Eauipment - "Eves for Life"
Campaiqn. In 1996 , following the deaths of two children at a
residence fire on French Street, the Fire Department obtained
permission from the City Council to raise funds to purchase one or
more thermal imaging devices . (Council Order 96-224 , dated
5-13-96) . Specific fundraising activities are summarized in Chief
Cammack' s informational handout. Direct donation amounts are
received at the central fire station, primarily by check, and are
acknowledged in writing. All checks are photocopied, and the
originals are delivered to the City Treasurer' s office, for deposit
to a segregated account. A $40 , 000 donation received from Bangor
Hydro Electric Company on December 8, 1997 , closed out the initial
fundraising goal.
A number of years ago, a similar fundraising effort raised the
funds necessary to purchase the Fire Department' s first "jaws of
• life" equipment.
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� (2) Pro�ect DAL distributes free smoke detectors to parents
of newborn children at Eastern Maine Medical Center. The project
is run cooperatively with EMMC, the American Red Cross , and other
fire departments in the area. The American Red Cross is
responsible for funds administration, and receives and receipts all
donations . Bangor firefighters , including Chief Cammack, are
involved. directly in solicitations of area businesses , and target
new businesses in the City, e•q• , Home Depot, whose project
construction contractor made one of the larger recent donations .
Although firefighters are directly involved in soliciting
donations , City fire inspectors generally have not been active in
the program. Firefighter participation in this and other similar
projects is on a voluntary basis , during off-duty hours .
(3) Hose 5 Fire Museum preserves fire equipment, memorabilia,
� and historic artifacts from the Bangor Fire Department and other
fire departments in Maine. The museum leases a 19th century former
fire station building located on State Street from the City of
Bangor for this purpose.
The Museum is a legally separate, nonprofit corporation.
However, many Bangor firefighters are members or officers of the
corporation. Chief Cammack currently chairs the Museum' s board of
directors . The museum is closely associated with the City of
Bangor in the minds of many members of the general public . Bangor
• firefighters participate, off duty, in a variety of fundraising
activities undertaken by the Museum, as described in materials
distributed by Chief Cammack.
(4) Salvation Armv. In recognition of support provided to
the Bangor Fire Department and fire victims at fires by the
Salvation Army, individual firefighters assist the Salvation Army' s
annual kettle drive by serving as bell ringers at area stores and
shopping centers . Firefighter participation is voluntary and
occurs only during off duty periods . Some firefighters may be in
uniform while participating in this activity. Chief Cammack is
among those who have participated, serving as a "celebrity bell
ringer" on several occasions .
(5) "Box 7 Diner" . Off-duty firefighters sponsor and operate
this charity lunchwagon at various public events , such as the
Bangor State Fair. There is no direct City involvement or
sponsorship. Firefighters annually determine the use of proceeds
from the lunchwagon. In 1997 , proceeds were contributed to the
Eyes for Life campaign.
(6) Firefiqhters Union. Each year, the local firefighters
union participates in the distribution of a fire safety handbook to
area residents . Revenues raised through private advertising in the
handbook are used by the local to support its charitable
activities . There is no direct City involvement in this
• fundraising activity, but Chief Cammack stated that he frequently
receives calls from members of the public to ask if the handbook is
City-sponsored. Individual firefighters , in their capacity as
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� members of the local union, are involved in soliciting advertisers
for the publication.
James Douahtv, Bangor School Superintendent, provided
information on fundraising policies and practices and procedures
for acceptance of gifts in the Bangor School Department. In
general, the School Department limits school-sponsored fundraising
activities to those based on performances or services by student
organizations , to support student activities . Examples of
permissible fundraising activities are listed in the School
Department' s published policies . The Department generally will not
authorize direct solicitations . The Dep�rtment, as a matter of
policy, also does not accept gifts that incorporate advertising.
Exceptions to the policy are made for high-value items , such as
athletic scoreboards , on a case-by-case basis .
Parent Teacher Organizations (PTOs) and booster clubs are
involved in a variety of fundraising activities that are not within
the direct control of the School Department.
John Rohman, Banqor Citv Councilor, presented his perspective
as a new Councilor who also serves on numerous non-profit
organizations, and as a principal in a business (WBRC architects}
that is frequently solicited for funds . Councilor Rohman indicated
that there have been occasions when his firm felt that it had
little option but to respond to particular solicitations , out of
• concern that failure to do so might lead to a loss of business .
With respect to City solicitations , that feeling was most
pronounced when WBRC was directly solicited for contributions by
sitting members of the Bangor City Council.
Following Councilor Rohman' s presentation, City employee
Cheryl Higgins asked for an opportunity to speak to the Board. Ms .
Higgins asked that the Board look into personnel issues arising out
of Ms . Higgins ' employment by the City, and the City' s failure to
select her for promotion to two vacant positions for which she had
applied. Ms . Higgins was advised that the Board of Ethics acts
on�y on referral from the Bangor City Council, and that the proper
procedure would be to seek a referral from the Council to the Board
of Ethics on her issues .
There being no further business , the meeting was adjourned at
8 : 10 p.m.
Respectfully submitted,
., �i� �� �
Erik M. Stumpfel
� City Solicitor
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