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 Chris Hanusiak MINUTES James T. Hynes BOARD OF ETHICS Joe LoVerde Village Hall, Council Chambers Louella B. Preston Andrew Przybylo May 13, 2010 – 6:00 p.m. Alan Weel The Board of Ethics meeting was held on Thursday, May 13, 2010, at the Village Village Manager George R. Van Geem Hall. The meeting was called to order at 6:00 p.m. by Chairman LoVerde. Village Clerk Present: Also Present: Marlene J. Victorine Chairman Trustee Joe LoVerde Compliance Plan Comm. Trustee Louella Preston (CPC) Attorney Joseph Annunzio Bob Ryan, Niles Resident Attorney Mike Siegel Michael Fries Approval of Minutes Trustee Preston made a motion, seconded by Chairman LoVerde, to approve the minutes of the April 29, 2010, meeting; on voice vote all concurred, Mr. Fries abstained because he was not present. Trustee Preston suggested that the name CPC be consistent throughout the minutes as well as time noted when the Board went into executive session. Review of Section 3 of the Proposed Draft Ethics Code Chairman LoVerde started with subsection A in section 3, reviewing the comments made by the CPC. A comment was made by Trustee Preston suggesting that employees be changed to supervisors. Attorney Annunzio stated that the correct language would be directors rather than supervisors. Chairman LoVerde stated that this should not apply to part-time employees. Mr. Fries suggested that he is not in favor of having employees other than elected and appointed officials disclose in this section due to other provisions in the Code. Trustee Preston would like a clarification whether or not the Village Board will receive the Code of Ethics with annotations or not. Attorney Annunzio suggested that the Village Board receive a clean copy after a consensus has been reached by the Board of Ethics. Attorney Siegel suggested that once the final draft will be given to the Village Board it should include reline changes as well as comments and concerns from the Board of Ethics and CPC, if there is any disagreement. Discussion continued on disclosure of property. Mr. Fries stated that he would think that any employee that owns property that comes up before a zoning hearing or such would disclose that they are an employee. Chairman LoVerde stated www.vniles.com  Board of Ethics Meeting, May 13, 2010 that you can go on and on regarding disclosure, but the real sense is that everything that is in your heart and mind should be disclosed. He also stated that the Code of Ethics will be sent to an outside attorney for its legality and enforcement and its Chairman LoVerde’s expectation that this document will be sent to the Village Board as a clean copy ready for adoption; in order to prevent more discussion and have it get watered down. Attorney Siegel stated that the disclosure in section 4 subsection B3 covers all necessary disclosure that in mind he agrees with Mr. Fries. Attorney Siegel also stated that although under the existing conditions that the Village experienced this language should stay in as it pertains to section 3. Attorney Annunzio stated that we can cover every piece to make a perfect document but his suggestion is to put a document together and with time, alterations can be made to identify what will work and what doesn’t; a document needs to be put out there. Discussion continued on subsection B. Attorney Siegel stated that all spouses and children should be disclosed. Mr. Fries would like to have clarified what we are trying to prevent with this type of disclosure. Rob Kurfirst stated that this disclosure will prevent anyone from hiding information. Bob Ryan, a long time Niles resident and business owner in Niles, made a comment that he disagrees with disclosure being very stringent because it will discourage many good people from serving on any committee or commission. Chairman LoVerde stated that it boils down to if any business is done with the Village of Niles it should be disclosed, whether it be directly or indirectly. Mike Cielinski agrees with this disclosure clause to avoid any games that can be played. Trustee Preston clarified that subsection A and C should be disclosed by everyone. Chairman LoVerde stated that if anyone does business with the Village it should be disclosed. Trustee Preston addressed the following changes so far: subsection (A) employee will be changed to directors. Subsection (B) employed will be changed to employment and remainder of the section should stay as is. Discussion continued as to who will handle these annual disclosures under subsection D. Attorney Annunzio suggested that the directors be responsible. Attorney Siegel stated that it should be the Village Managers responsibility. Mr. Fries stated that these documents should be filed, but someone needs to have the responsibility to look these over and make a determination as it is a policy decision. In conclusion Chairman LoVerde stated that the Board of Ethics should review these disclosures. Mr. Fries concern was that in regards to disclosure of other employment should require prior approval or subsequent disclosure, in order to determine whether this outside employment will be in conflict with duties as it relates to your job description. The Board agreed that prior approval must be given prior to outside employment as well as the Board of Ethics should be made aware of these disclosures. Discussion continued on subsection D as it might be problematic. The following change took place: the word may is stricken and will be replaced with shall also; ending the sentence with Village Clerk. Attorney Annunzio and Mr. Fries suggested that number 4 be stricken pursuant to state law. According to Mr. Fries there might be a problem with constitutionality in subsection E. Attorney Siegel and Trustee Preston suggested that subsection E be stricken in its entirety. Chairman LoVerde suggested this be given to the Board of Trustees. In conclusion this subsection E will be discussed at the next meeting. 2  Board of Ethics Meeting, May 13, 2010 The following issues remain unresolved and require further discussion: Annual disclosure review section 3, subsection D(1). Attorney Annunzio to work out the proper language. Attorney Annunzio will review the Local Records Retention Act to determine whether number 4 in subsection D should be kept in or not. Discussion to take place at next meeting regarding subsection E in section 3. Executive Session Motion made by Trustee Preston to move into executive session at 7:57 p.m., to discuss two complaints received and contract for service, seconded by Chairman LoVerde; on voice vote all concurred. Motion to reconvene was made by Trustee Preston, seconded by Chairman LoVerde, all concurred. Motion to adjourn was made by Trustee Preston, seconded by Mr. Fries, all concurred and the meeting adjourned at 8:22 p.m. Next meeting date was set for May 27, 2010 at 6:00 p.m. Kathy M. Thake Board of Ethics Secretary 3