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, August 20, 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 July 16, 2012 III. New Business Item #1 Discussion and Ordinance Amend Ch. 2 Administration Article IX. Board of Ethics Sec.2-429 IV. Comments/Questions from the Public V. Executive Session (Closed to the Public) Follow up on previously submitted complaints Review of New Hotline Complaints 2012-14 through 2012-15 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 August 20, 2012 – 5:30 p.m. Andrew Przybylo The Board of Ethics meeting was held on Monday, August 20, 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 Matthew Lagodzinski Joseph J. Annunzio, Village Attorney Anthony Gaudio Randy Greco Members Absent: Michael Siegel Approval of Minutes Mr. Greco made a motion, seconded by Mr. Gaudio, to approve the minutes of the July 16, 2012 meeting; on voice vote all concurred. New Business Chairman Hynes presented a new ordinance amending language in Sec. 2-429. Currently this section has no direction on recommendations when no violation is found. This amendment will offer language that will avoid any confusion when no violation has been found in the complaint with a higher standard for the independent review. Also, a new subsection is added to recuse an Elected Official who is the subject of the complaint. Mr. Lagodzinski added that this should also include members of the Board of Ethics. All members agreed that this should include the Board of Ethics members. Mr. Greco made a motion, seconded by Mr. Gaudio, to present the final ordinance as stated; b) When the Board of Ethics makes a determination of no violation, the decision is final and not a recommendation. The Village Board by a majority of the Elected Officials, by vote in executive session, can have an independent review of the Board of Ethics decision of no violation, said independent review can reverse the finding of the Board of Ethics decision only if the review finds by a majority of the Elected Officials that the decision of no violation was arbitrary and capricious. e) If an Elected Official or a member of the Village Board of Ethics is the subject of the Complaint, they must be recused of all participation in the complaint process including voting on said complaint; at the next Village Board Meeting in August. On www.vniles.com  Board of Ethics Meeting, August 20, 2012 roll call, the vote was: AYES: 4 Hynes, Greco, Lagodzinski, Gaudio NAYS: 0 There bring 4 affirmative votes, the MOTION CARRIED. Comments/Questions from the Public Trustee Hanusiak questioned Chairman Hynes on the legal definition of “Unethical,” not what you feel and believe. He went on further to read the definition. Trustee Hanusiak stated that the Board of Ethics only looks for things that are unethical and not illegal or unlawful. Chairman Hynes stated that this is untrue, specifically if something is illegal (against the law) that is also probably unethical in the confines of duties and responsibilities within the Village. Trustee Hanusiak wants to have an outline of unethical and unprofessional behavior. Attorney Annunzio stated that the current code in place is a higher standard than the minimum. Executive Session Motion made by Mr. Lagodzinski to move into executive session at 6:06 p.m. to discuss follow up on previous complaints and several new Hotline complaints, seconded by Mr. Gaudio; on voice vote all concurred. Motion to reconvene at 7:40 p.m. was made by Mr. Gaudio, seconded by Mr. Greco; all concurred. Reconvene in Open Session Motion to reconvene in open session at 7:41 p.m. was made by a unanimous vote. Next Meeting Date The next meeting date was set for September 18, 2012 at 5:30 p.m. Adjournment Motion to adjourn was made by Mr. Gaudio, seconded by Mr. Greco; all concurred and the meeting adjourned at 7:44 p.m. Kathy M. Thake Board of Ethics Secretary 2  ORDINANCE 2012- AN ORDINANCE ADDING CHAPTER 2 ADMINISTRATION, ARTICLE IX. BOARD OF ETHICS, SECTION 2-429 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 IX. Board of Ethics, Section 2- 429 of Niles Code of Ordinances shall be added as follows: * * * Sec. 2-429 Referral of Final Opinions of the Ethics Board to the Village Board of Trustees for Final Action The following are the procedures to be followed when a Final Opinion of an ethics complaint is forwarded to the Village Board of Trustees for action. a) The Village Compliance Officer or his or her designee shall forward the Board of Ethics Opinion to the Village Clerk. Upon receipt, the Village Clerk will put the Board of Ethics Opinion on the Executive Session Agenda at the next regularly scheduled Village Board meeting. b) When the Board of Ethics makes a determination of no violation, the decision is final and not a recommendation. The Village Board by a majority of the elected officials, by vote in executive session, can have an independent review of the Board of Ethics decision of no violation. b)c)At the Executive Session of the Village Board, the Board of Ethics Opinion will be considered. The Board of Trustees shall fix a date for the commencement of a hearing on the Board of Ethics Opinion. The Hearing shall not be less than 30 days nor more than 60 days from the date of said Executive Session. Notice of the hearing shall be sent to the respondent via certified mail return receipt requested or equivalent written notice. c)d)Any time prior to the issuance of the final opinion by the Board of Trustees, the Board of Ethics can negotiate a settlement of all allegations against the respondent. Any Final Settlement must be approved by the Board of Trustees. Whether the settlement is made public or not is  Ordinance 2012- determined by the Board of Trustees. For settlement purposes the hearing may be continued from time to time at the discretion of the Board of Trustees. 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 28th day of August, 2012 AYES: NAYS: ABSENT: ___________________________________ Village Clerk APPROVED by me this 28th day of August, 2012. __________________________________ President of the Village of Niles Cook County, Illinois ATTESTED AND FILED in my office this 28th day of August, 2012, and published in pamphlet form as provided by law in the Village of Niles, Illinois. ___________________________________ Village Clerk 2