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 Rosemary R. Palicki Louella B. Preston October 18, 2011 – 5:30 p.m. Andrew Przybylo The Board of Ethics meeting was held on Tuesday, October 18, 2011, at the Village Village Manager George R. Van Geem Hall. The meeting was called to order at 5:30 p.m. by Chairman Hynes. Village Clerk Members Present: Staff Present: Marlene J. Victorine Chairman Trustee Jim Hynes Kathy M. Thake, Secretary Anthony Gaudio Joseph Annunzio, Village Attorney Randy Greco George R. Van Geem, Village Manager Michael Siegel Kathy Barnat, Human Resource Coord. Matthew Lagodzinski Approval of Minutes Chairman Hynes made a motion, seconded by Mr. Greco, to approve the minutes of the September 20, 2011 meeting; on voice vote all concurred. Old Business Discussion Item #1 Village Manager Role and Responsibilities Mr. Lagodzinski stated that Mr. Gaudio and he met with the Village Manager and Village Clerk to get a better understanding of the position. They have also reviewed the Niles Ordinance, State Law and two professional organizations. Based on this research, this subcommittee is making two recommendations. One: which would give the Village Manager the ability to hire, suspend or remove all Village employees. Two: would allow the Village Manager to append operations related to the agenda of the Niles Village Board Meeting. Mr. Siegel questioned whether the Mayor was interviewed to get his perspective on this. Village Manager Van Geem responded by stating that he should be able to place items on the agenda. Mr. Siegel stated that the agenda processed should be reviewed. Chairman Hynes stated that the second recommendation on the Village Manager Report should move forward but discussion should be put on hold as it pertains to agenda process. Village Manager Van Geem stated this is a good start but he would like to see these points in a Village contract. www.vniles.com  Board of Ethics Meeting, October 18, 2011 Chairman Hynes made a motion, seconded by Mr. Siegel, to accept the following recommendation to give the Village Manager the ability to hire, suspend or remove all Village employees. On roll call, the vote was: AYES: 5 Hynes, Siegel, Greco, Gaudio, Lagodzinski NAYS: 0 There bring 5 affirmative votes, the MOTION CARRIED. Chairman Hynes made a motion, seconded by Mr. Lagodzinski, to accept the following recommendation; current language in Sec. 2-104(3) “time to time” to be removed and the Village Manager should have a regular item on the agenda to present to the Board of Trustees either at the regularly schedule Village Board Meeting or Committee of the Whole. On roll call, the vote was: AYES: 5 Hynes, Siegel, Greco, Gaudio, Lagodzinski NAYS: 0 There bring 5 affirmative votes, the MOTION CARRIED. Item #2 Village Attorney Role and Responsibilities Mr. Siegel and Mr. Greco presented suggested changes to the Village Attorney Role and Responsibilities. They have reviewed the State Statute, Village Ordinance, sample ordinances from other Villages and interviewed the Mayor and Village Attorney. Mr. Siegel stated that “client” has to be made clear which would create a similar setting to a corporation. After the interview with Mayor Callero, Mr. Siegel stated that the Mayors’ concerns could be addressed on a line item in the budget for outside council to be used by the Mayor, if needed to discuss matters with an attorney. Mr. Siegel presented two options that should be considered, under Tab 4 Village Attorneys client is the Village and under Tab 5 Village Attorneys client is the Mayor. Mr. Siegel and Mr. Greco have both agreed that the Village should be the client. Chairman Hynes has also agreed that this would be the best option and that the Mayor and management need to know that all conversations with the Village Attorney may be disclosed. Chairman Hynes made a motion, seconded by Mr. Gaudio, to accept the following recommendation; current language in Sec. 2-136 to be amended to reflect the Village as a client. On roll call, the vote was: AYES: 5 Hynes, Siegel, Greco, Gaudio, Lagodzinski NAYS: 0 There bring 5 affirmative votes, the MOTION CARRIED. Mr. Siegel added that a policy needs to be set by the Board of Trustees as to it concerns reporting to an elected official. Chairman Hynes added that this is beyond the jurisdiction of this Board and a Governance Committee should be set up. New Business Discussion Item #1 Suggested Changes to Ch. 2 Article IX 2  Board of Ethics Meeting, October 18, 2011 Chairman Hynes stated that sections 2-425 through 426 should stay as written. As for 2-427 he posed a couple questions; do we make recommendations? do we make final decisions? do we hearings? The Board of Ethics has no authority to punish, but it is outlined in the Code of Ethics. Mr. Annunzio stated that the Board of Ethics becomes the prosecutor and takes it to the Board of Trustees, but also include that this Board cannot be the investigator and judge at the same time. He also mentioned that we need to provide the administrative due process. Chairman Hynes stated this needs to be looked at again and brought back next month. Item #2 Employee Handbook Chairman Hynes stated this handbook should include “At Will” statement in the beginning. Due to the length of this document it will be pushed to next month agenda. In the mean time a word version will be sent out without red lines. Chairman Hynes stated once the Board of Ethics will complete the review, he would like for it to be sent for review to a employment lawyer for review. Comments/Questions from the Public Resident J. Makula proposed an addition to Sec. 2-404 of the Code of Ethics to increase transparency and ensure proper disclosures. He would like this to be considered on next month agenda. Executive Session Motion made by Mr. Greco to move into executive session at 7:30 p.m., to discuss several Hotline complaints received, seconded by Mr. Siegel; on voice vote all concurred. Motion to reconvene at 8:00 p.m., was made by Chairman Hynes, seconded by Mr. Gaudio, all concurred. Reconvene in Open Session It has been brought to the Board of ethics attention that the November & December meeting will need to be moved to another day in order to avoid conflict with the Village Board meeting. New dates for the meetings will be as follows: November 17th and December 15th at 5:30 p.m. Adjournment Motion to adjourn was made by Mr. Siegel, seconded by Mr. Gaudio, all concurred and the meeting adjourned at 8:03 p.m. Kathy M. Thake Board of Ethics Secretary 3