Traverse City Record-Eagle

Garfield Township

April 8, 2009

Garfield Twp. proposes conflict policy

Disclosure of financial interests would be required

By BRIAN McGILLIVARY

TRAVERSE CITY -- Garfield Township may require its officials to publicly disclose their financial interests in the township under a proposed conflict of interest policy.

Supervisor Chuck Korn said he wants specific rules in place that address potential self-dealing among township officials.

"The attitude of the previous administration was you know in your own mind if it's a conflict," Korn said. "I want a clear conflict of interest policy."

Korn wants all elected and appointed township officials, employees and vendors to disclose any property holdings or business interests in the township. The township board will discuss his proposal during a 6 p.m. work session today at the township hall.

In calling for a policy, Korn singled out a rezoning involving former township Supervisor Lee Wilson, ex-assessor Aaron Mead and township attorney Kent Gerberding. They were partners in RBT Properties LLC, a company that rezoned and developed a parcel in the township from 2003 to 2005.

Wilson recused himself from the board's rezoning vote.

"It was acknowledged and dealt with so there was nothing improper about it," Gerberding said.

But the action raised questions during last year's elections that saw six of seven board members swept from office.

"I suspect there have been other conflicts as well, but we don't know about them because we don't have a policy requiring disclosure," Korn said.

The proposed policy also requires officials with a conflict on a specific item to leave the room during discussion. Korn said that was prompted by planning commissioner John Nelson during a 19-month review of the disputed low-income apartment project called Brookside Commons. Nelson owned neighboring investment property and said the project would lower his property values.

Gerberding determined there was a conflict. Nelson objected but recused himself, and moved to the audience to speak against the project.

"When somebody has a conflict of interest, you don't go into the audience, you leave the room," Korn said.

Nelson disagreed.

"In a township as small as Garfield everything you debate affects your property values," Nelson said. "Where does a planning commissioner lose his right to speak as a citizen?"

Gerberding said the township can't force someone to leave a public meeting.

"Becoming a township (official) doesn't mean they give up their right to participate in and observe a public meeting," Gerberding said.

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