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 Monday, July 16, 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 June 18, 2012 III. Old Business Review of Proposed Ordinances Village Manager and Village Attorney Roles/Duties IV. Comments/Questions from the Public V. Executive Session (Closed to the Public) Review of New Hotline Complaints 2012-09 through 2012-13 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 July 16, 2012 – 5:30 p.m. Andrew Przybylo The Board of Ethics meeting was held on Monday, July 16, 2012, at the Village Hall. Village Manager George R. Van Geem 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 J. Annunzio, Village Attorney Anthony Gaudio Randy Greco Matthew Lagodzinski Approval of Minutes Mr. Greco made a motion, seconded by Mr. Gaudio, to approve the minutes of the June 18, 2012 meeting; on voice vote all concurred. Old Business Chairman Hynes introduced a revised Ordinance pertaining to the Village Manager duties to hire and fire submitted by Mayor Callero for review by the Board of Ethics. Mr. Siegel stated that regardless of what is going on with the current situation; the idea was not to undermine the position of the Village Manager. Chairman Hynes made a motion, seconded by Mr. Gaudio, to present the final ordinances as previously submitted pertaining to Village Attorneys and Village Manager roles/duties at the next July Village Board Meeting. On roll call, the vote was: AYES: 5 Hynes, Greco, Siegel, Lagodzinski, Gaudio NAYS: 0 There bring 5 affirmative votes, the MOTION CARRIED. Comments/Questions from the Public Trustee Hanusiak stated that all aspects need to be covered including the expenditure of money with the Village Manager responsible. For example, the posting of vacancies has not been followed after the Village Board requested it. www.vniles.com  Board of Ethics Meeting, July 16, 2012 Executive Session Motion made by Mr. Siegel to move into executive session at 5:50 p.m. to discuss several new Hotline complaints, seconded by Mr. Lagodzinski; on voice vote all concurred. Motion to reconvene at 7:03 p.m. was made by Mr. Gaudio, seconded by Mr. Lagodzinski; all concurred. Reconvene in Open Session Motion to reconvene in open session at 7:05 p.m. was made by a unanimous vote. Next Meeting Date The next meeting date was set for August 20, 2012 at 5:30 p.m. Adjournment Motion to adjourn was made by Mr. Greco, seconded by Mr. Gaudio; all concurred and the meeting adjourned at 7:08 p.m. Kathy M. Thake Board of Ethics Secretary 2  ORDINANCE 2012- AN ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE III. OFFICERS AND EMPLOYEES, DIVISION 2 VILLAGE MANAGER, SECTION 2-104 TO THE NILES CODE OF ORDINANCES, VILLAGE OF NILES NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Niles, Cook County, Illinois, as follows: SECTION 1: Chapter 2 Administration, Article III. Officers and Employees, Division 2 Village Manager, Section 2-104 of Niles Code of Ordinances shall be amended as follows: Sec. 2-104 Powers and duties. The Village Manager shall be the chief administrative officer of the village. He shall be responsible to the board for the proper administration of all the affairs of the village. To that end, he shall have power and shall be required to: * * * (3) Recommend to the board, from time to time, adoption of such measures as he may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services. (4) Recommend to the board the appointment and, when necessary in the best interests of the village, the suspension or removal of all employees of the village. All such recommendations shall be based upon merit and upon the qualifications or disqualifications of such employee without regard to political belief or affiliation. Hire for replacement positions and/or new positions as approved in Village Budget. Suspend or remove all Village employees except Appointed Officials as defined by State Statute;  Ordinance 2012- a) to support those decisions, the Village Manager shall implement and execute a formal performance management process, and b) results from the performance management process shall be used as a input for making compensation decisions for Village employees. * * * SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. SECTION 4: That any section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions which shall remain in full force and effect thereafter. PASSED: This 24th day of July, 2012 AYES: NAYS: ABSENT: ___________________________________ Village Clerk APPROVED by me this 24th day of July, 2012. __________________________________ President of the Village of Niles Cook County, Illinois ATTESTED AND FILED in my office this 24th day of July, 2012, and published in pamphlet form as provided by law in the Village of Niles, Illinois. ___________________________________ Village Clerk 2  ORDINANCE 2012- AN ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE III. OFFICERS AND EMPLOYEES, DIVISION 4 VILLAGE ATTORNEY, SECTIONS 2-136 AND 2-141 TO THE NILES CODE OF ORDINANCES, VILLAGE OF NILES NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Niles, Cook County, Illinois, as follows: SECTION 1: Chapter 2 Administration, Article III. Officers and Employees, Division 4 Village Attorney, Sections 2-136 and 2-141 of Niles Code of Ordinances shall be amended as follows: Sec. 2-136 Duty to conduct legal business of village. Duty to conduct the legal business of the Village of Niles on behalf of the Village of Niles. The Village Attorney shall superintend and conduct all the legal business of the village. The Village Attorney shall on behalf of the Village of Niles superintend and conduct all of the legal business of the Village. The Village Attorney shall represent the Village of Niles and shall not represent without the prior written approval of the Village of Niles Board of Trustees any individual Village of Niles Officer, employee, or citizen in any matter. In representing the Village of Niles, the Village Attorney shall comply with the requirements of Illinois Rule of Professional Ethics Rule 1.13 which governs the representation by an attorney of an organization. It is the duty of the Village Attorney to be familiar with and follow the requirements of Rule 1.13. * * *  Ordinance 2012- Sec. 2-141 Village Attorney as compliance officer As provided in Village of Niles Code of Ordinances Sec. 2-402, the Village Attorney shall function as compliance officer in the event that the President and Board of Trustees do not appoint a compliance officer. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. SECTION 4: That any section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions which shall remain in full force and effect thereafter. PASSED: This 26th day of June, 2012 AYES: NAYS: ABSENT: ___________________________________ Village Clerk APPROVED by me this 26th day of June, 2012. __________________________________ President of the Village of Niles Cook County, Illinois ATTESTED AND FILED in my office this 26th day of June, 2012, and published in pamphlet form as provided by law in the Village of Niles, Illinois. ___________________________________ Village Clerk 2