Board of Ethics

“Where People Count” 1000 Civic Center Drive, Niles, Illinois 60714 Telephone (847) 588-8000 ● Fax (847) 588-8051 ● TDD (847) 588-8059 Mayor Robert M. Callero Trustees James T. Hynes Joe LoVerde MINUTES Louella B. Preston BOARD OF ETHICS Andrew Przybylo Alan Weel Village Hall, Council Chambers January 19, 2010 – 6:00 p.m. Village Manager George R. Van Geem The Board of Ethics meeting was held on Tuesday, January 19, 2010, at the Village Village Clerk Hall. The meeting was called to order at 6:00 p.m. by Chairman Joe LoVerde. Marlene J. Victorine Present: Also in Attendance: Trustee Joe LoVerde, Chairman Rob Kurfirst, Chairman of the Trustee Louella Preston Citizens Compliance Plan Committee Attorney Joseph Annunzio Mike Cielinski Attorney Mike Siegel Doug Bressler Michael Fries Bart McGuinn Citizens Compliance Plan Committee Approval of Minutes Chairman LoVerde made a motion, seconded by Trustee Preston, to approve the minutes of the November 23, 2009, meeting; on voice vote all concurred. Mr. Fries stated his approval of the minutes up until the time he left the meeting. Review of Comments from Citizens Compliance Plan Committee (CCPC) regarding Sections 4-5 of Proposed Ethics Code Rob Kurfirst stated that the attrition of the CCPC has left them with seven operating members. Rob Kurfirst questioned why Chris Hanusiak has been removed from the CCPC as he was an instrumental person to this accomplishment so far. Chairman LoVerde pointed out that the Code of Ethics states that a member of any Board or Commission cannot serve on CCPC. Discussion of the recommendation led on to conclude that appointments are made by the Mayor and approved by the Board of Trustees. Rob Kurfirst expressed his opinion of how we can recruit more members to CCPC. Bart McGuinn questioned why we create these kinds of restrictions between the elected officials and CCPC. Attorney Annunzio clarified that this has been set in place to make sure the public understands that there is no connection between the CCPC and the standing administration of government. Review of the comments from the CCPC would be best if addressed one-by-one. Rob Kurfirst read the questions/comments from the Board of Ethics and then read the responses from the CCPC. www.vniles.com  Board of Ethics Meeting, January 19, 2010 Rob Kurfirst expressed the CCPC feels that the best solution to these ethical problems would be to remove all temptation and have all elected officials enter a moratorium on all business in the Village. A zero tolerance policy is recommended by the CCPC to remove any opportunity of conflict of interest which applies to everyone equally. Some other concerns expressed by the CCPC are recusals, which should be mandatory. Mr. Fries stated he would like to return to the previous point to discuss a hypothetical situation regarding the White Eagle. Rob Kurfirst indicated that the CCPC is setting the highest standard for the Ethics Code for the Board of Ethics to work from. The discussion continued to point out that the CCPC believes this is how the Code of Ethics should look like but the CCPC doesn’t expect the Board of Ethics to agree on all points. Trustee Preston stated she would like a clarification on the draft of the Ethics Code put forth by the CCPC; in that the Board of Ethics is not expected to adopt it as it is. Trustee Preston went on further to say that a Code of Ethics put forth would be realistic for application. Rob Kurfirst went on to explain that at the last meeting the CCPC tightened up the Code of Ethics; referring to the example of zero tolerance and how the CCPC had no way of determining the dollar amount of what would be acceptable as a gift. Rob Kurfirst indicated that this is the citizen’s draft and next will come the Board of Ethics draft. Discussion on Village cars for personal use concluded with the CCPC recommending a stipend for individuals who require travel. Chairman LoVerde clarified that this is an employee related issue; due to his knowledge no elected official has a Village car. There was call for concern by the CCPC regarding the appointment process and special attention must be directed to it; due to the fact that this is where many of the problems arise in any form of government. The CCPC feels very strongly that this is a large loop hole for potential ethical transgression regarding the revolving door policy. Mr. Fries questioned the CCPC if they considered a time limit for individuals to accept future employment. Rob Kurfirst stated that might be the solution, but it should be addressed in the Board of Ethics draft. Chairman LoVerde concluded that the appointment process is a State statute and Village Ordinance giving the Mayor power to appoint individuals if there are vacancies. The CCPC is challenging the way things have been done in the past and are suggesting that these things be done differently. Chairman LoVerde indicated that in this past year there has been movement and change in the right direction. Discussion led to whether or not Sister Cities is Village business and if it receives appropriations from the Village budget. To the best of his knowledge, Chairman LoVerde indicated that Sister Cities is funded by donations and fundraisers. Trustee Preston stated that Village staff work on Sister Cities events and correspondence during their regular hours, which in turn, the Village funds the Sister Cities because staff time is used. Section 5 Gift Ban discussion led to conclude that again, a zero tolerance would be best to minimize opportunities for corruption to occur. Attorney Siegel indicated that on the federal level there is a zero tolerance policy. He also stated that at the last meeting of the CCPC there was a detailed discussion regarding this matter and everyone took it very seriously. 2  Board of Ethics Meeting, January 19, 2010 Rob Kurfirst recommended that the remainder of the Code be dealt with at once. The following schedule was set: February 5 – Board of Ethics comments on remaining sections due to CCPC February 9 – CCPC meeting to review comments February 16 – Board of Ethics meeting to review CCPC responses Executive Session Motion made by Mr. Fries to move into executive session, to discuss a hotline complaint received, seconded by Trustee Preston; on voice vote all concurred. Next Meeting Date February 16, 2010 - 6:00PM Motion to adjourn was made by Attorney Siegel, seconded by Chairman LoVerde, all concurred and the meeting adjourned at 7:03 p.m. Kathy M. Thake Board of Ethics Secretary 3