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 BOARD OF ETHICS Chris Hanusiak James T. Hynes AGENDA Joe LoVerde Rosemary R. Palicki Louella B. Preston Tuesday, February 21, 2012 Andrew Przybylo 5:30 p.m. Village of Niles Administration Building Village Manager Council Chambers George R. Van Geem 1000 Civic Center Drive Village Clerk Marlene J. Victorine I. Call to Order II. Approval of Minutes January 17, 2011 III. New Business Item #1 Language Proposal Employees Serving on Non-government Organizations Item #2 Discussion and Proposal Conflict of Interest Statement Form for various vendors IV. Comments/Questions from the Public V. Executive Session (Closed to the Public) Review of Complaint 2011-08 VI. Reconvene in Open Session Action Items Arising out of Executive Session (if necessary) VII. Adjournment www.vniles.com  “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 February 21, 2012 – 5:30 p.m. Andrew Przybylo The Board of Ethics meeting was held on Tuesday, February 21, 2012, 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 Michael Siegel Joseph Annunzio, Village Attorney Anthony Gaudio Randy Greco Matthew Lagodzinski Approval of Minutes Mr. Siegel made a motion, seconded by Mr. Gaudio, to approve the minutes of the January 17, 2012 meeting; on voice vote all concurred. Old Business Discussion Item #1 Proposed Changes to the Code of Ethics Relating to Employees serving on Non-Government Organizations Chairman Hynes stated that this language should be included in the Employee Handbook to administer easily. He also added that this does not apply to elections since that is governed by State Statute. Mr. Gaudio made a general statement that the Board of Ethics is moving in the wrong direction and by adding this language we have disregarded all testimony we heard in January. He also added that we have good and hard working people in the Village without any previous problems and this should be rejected. Mr. Lagodzinski stated that having it in the Employee Handbook makes sense to educate people and that is key through Ethics in-service. Mr. Siegel added that our goal is not to dissuade people from joining various organizations but to make them aware of potential conflicts especially in the higher positions such as directors and officers. Mr. Siegel mentioned that Officer Penze is a perfect example of the proper steps he took prior to becoming a higher member of the Chamber of Commerce. www.vniles.com  Board of Ethics Meeting, February 21, 2012 Mr. Siegel made a motion, seconded by Mr. Lagodzinski, to approve the amendment to the Employee Handbook under Sec. 1.1 regarding appointments to the Board of Trustees. On roll call, the vote was: AYES: 4 Hynes, Greco, Siegel, Lagodzinski NAYS: 1 Gaudio There bring 4 affirmative votes, the MOTION CARRIED. Item #2 Conflict of Interest Statement Chairman Hynes presented a draft Conflict of Interest Statement for review and added that this form will serve as an informational tool. Mr. Siegel pointed out that question number 2 needs to be amended as it pertains to party affiliation. Chairman Hynes stated in order to have a general idea as to where this form belong we need input from all directors. Village Attorney Annunzio will distribute this form to all directors and seek feedback prior to the next meeting. Comments/Questions from the Public Resident Makula stated that this is too much involvement by the Village as it pertains to employees who serve on non-government organizations. Executive Session Motion made by Mr. Greco to move into executive session at 6:25 p.m. to discuss one past Hotline complaint, seconded by Mr. Gaudio; on voice vote all concurred. Motion to reconvene at 6:55 p.m. was made by Mr. Siegel, seconded by Mr. Gaudio; all concurred. Reconvene in Open Session Motion to reconvene in open session at 6:57 p.m. was made by Mr. Greco, seconded by Mr. Gaudio; all concurred. Adjournment Motion to adjourn was made by Mr. Greco, seconded by Mr. Gaudio; all concurred and the meeting adjourned at 7:02 p.m. Kathy M. Thake Board of Ethics Secretary 2  Item #1 Amendment to Employee Handbook Section 1.11 Outside Employment or Appointments Employees should consider the impact that outside employment may have on their health and physical endurance. All employees will be judged by the same performance standards and will be subject to the Village of Niles’ scheduling demands regardless of any existing outside work requirements. Employees holding outside jobs shall not conduct any business or preparations concerning their outside jobs during their normal work schedule nor on the Village’s premises. Village equipment, staff, or facilities shall not be utilized for any outside employment or work of any kind. Employees who hold or are considered for appointment or election as a Board Member, Director, or Officer of a non-government social, athletic, business or charitable organization shall notify their immediate supervisor of such current or pending appointment or election, fully disclosing the responsibilities and time commitment involved in such appointment or election. Particular attention should be paid to any potential conflict of interest that could occur if said appointment or election occurs. If the Village determines that an employee’s outside work or appointment or election to any non-government organization noted in the prior paragraph, interferes with performance or the ability to meet the requirements of the Village as they are modified from time to time, or presents the potential for a conflict of interest that the Village deems substantial, the employee may be asked to terminate the outside employment if he/she wishes to remain employed with the Village of Niles.  Item #2 VILLAGE OF NILES CONFLICT OF INTEREST STATEMENT PURPOSE IN ORDER TO ENCOURAGE TRANSPARENCY AND ETHICAL CONDUCT ON THE PART OF THE VILLAGE OF NILES, ITS CONTRACTORS AND APPLICANTS FOR DISCRETIONARY DECISION-MAKING BY ITS EMPLOYEES, APPOINTEES, ELECTED OFFICIALS AND BOARDS AND COMMISSIONS, (e.g. Bids for goods or services requiring Board of Trustees approval; personal services contracts, zoning changes, liquor licenses, etc.) THE VILLAGE HAS DETERMINED THAT ALL APPLICANTS FOR DISCRETIONARY ACTION BY THE VILLAGE AND ALL OF ITS EMPOYEES BOARDS AND COMMISSIONS SHALL SUBMIT WITH ANY APPLICATION OR REQUEST FOR ACTION THE FOLLOWING “CONFLICT OF INTEREST STATEMENT” FORM. FAILURE TO SUBMIT SAID FORM SHALL CAUSE THE APPLICATION OR REQUEST FOR ACTION TO BE DENIED. VILLAGE OF NILES CONFLICT OF INTEREST FORM Name of Person or Entity Submitting Form: ________________________________ Address: ______________________________________________________________ Telephone Number: _____________________________________________________ Fax Number: ___________________________________________________________ Email address: __________________________________________________________ ACTION REQUESTED BY VILLAGE: ____________________________________ 1. Are you or any of your officers, directors, partners, or principals, as appropriate, related by blood or marriage or reside in the same residence with any “Covered Person” as that term is defined in Section 2-402 or have any business interest with or own any real estate as set forth in Section 2-403 of the Village of Niles Code of Ethics? YES NO (circle one) a. If “yes”, state the name of the person(s), and your relation to him/her or them, or provide the name and address of the business interest and/or real estate address, and the Covered Person’s interest in them. 2. Have you or any of your officers, directors, partners, or principals, as appropriate, given any political contribution to any “Covered Person” or political party or political entity affiliated with such a “covered person”, as defined by Section 2-402 of the Village of Niles Code of Ethics in the prior five (5) years? YES NO (circle one) a. If “yes”, state the name of the person(s), party or entity to which such contribution was made, the amount(s) of such contribution(s), and the date(s) when made. 3. Have you or any of your officers, directors, partners, or principals, as appropriate, given any gift(s) to any “Covered Person” as defined by Section 2-402 covered by of the Niles Code of Ethics within the last three (3) years? YES NO (circle one) a. If “yes”, state the name of the person(s) to which such gift was made, what the gift(s) was (were), the value of such gift(s), and the date(s) when made. NOTICE: FAILURE TO SUBMIT THIS COMPLETED AND SIGNED FORM WITH YOUR REQUEST FOR ACTION SHALL CAUSE YOUR REQUEST TO BE DENIED. The above statement is complete and correct to the best of my knowledge and belief. Date: ______________________________ Signature: ____________________________________________________________ Printed Name: ________________________________________________________ Title: ________________________________________________________________