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 June 29, 2010 – 6:00 p.m. Alan Weel The Board of Ethics meeting was held on Tuesday, June 29, 2010, at the Village Hall. Village Manager George R. Van Geem The meeting was called to order at 6:18 p.m. by Chairman LoVerde. Village Clerk Members Present: Also Present: Marlene J. Victorine Chairman Trustee Joe LoVerde Compliance Plan Comm. Trustee Louella Preston (CPC) Joseph Annunzio Michael Fries Staff Present: George R. Van Geem, Village Manager Members Absent: Kathy M. Thake, Secretary Mike Siegel Approval of Minutes Mr. Fries made a motion, seconded by Trustee Preston, to approve the minutes of the May 27, 2010, meeting as amended; on voice vote all concurred. Review of Section 5 of the Proposed Draft Ethics Code Mr. Annunzio made a statement that section 5 mirrors the State Statute, the only thing that has been changed are amounts under subsection B number 8. State Statute allows for $50, and the code reflects $25. Also under number 12 State Statute suggests $100, and the Code reflects $50. Mr. Fries stated that this is very similar to the Attorney Generals Model Ethics Code with the exception of number 13, Mr. Fries stated that there might be an enforcement issue. The CPC responded that disclosure must be made if the gift is from the Village. The CPC also stated that a zero tolerance policy would be the best option as it would save time and cut administrative costs. Trustee Preston would like a clarification on section 4. A unanimous decision was made that the Board of Ethics would return to discuss section 4. Trustee Preston voiced her concerning regarding subsection B number 4, as it pertains to educational materials and missions and the individual that approves them. Mr. Annunzio stated that the reason why the Village Attorney is listed is at some point he will no longer serve on the Board of Ethics and will simply be the compliance officer. After much discussion www.vniles.com  Board of Ethics Meeting, June 29, 2010 a determination was made to replace Village Attorney with Compliance Officer and to keep the rest of the language as is. Trustee Preston suggested that subsection B number 6 is too exclusive and does not include all relatives. A suggestion made by the CPC is to strike each individual relative and just list a relative who is not a prohibited source. Unanimous decision was reached under subsection B number 6, which will read as follows: “A gift from a relative who is not a prohibited source.” No specification shall be made as to whether or blood relative or not. Trustee Preston expressed her concern under subsection B number 8 as it pertains to the amount in a single calendar day. Trustee Preston would like to see the State Statute referenced, which is fifty dollars ($50). Trustee Preston also disagrees with not being able to take home the catered food. Mr. Fries stated that this is standard language as it pertains to “catered food”. CPC stated that in order to violate this, one must order another meal to take home to their spouse. Chairman LoVerde, Mr. Fries and Mr. Annunzio all agree that this should read zero dollars ($0). Trustee Preston concern is when an individual goes to a mission; they are not able to receive any food or drink. Mr. Fries elaborated that if the mission has been approved by the Compliance Officer which would than be exempt from this zero tolerance rule. Discussion continued on the procedure from this point on. Chairman LoVerde suggested that the Board of Ethics should vote on an issue, if a disagreement exists that should be forwarded to the Board of Trustees, but a general consensus is needed. CPC made a statement that this document can be changed down the road once it is in place. Chairman LoVerde stated that zero tolerance would accomplish the goal that we are trying to achieve. A general comment was made to replace Village Attorney with the word Compliance Officer throughout the document. Under subsection B number 12, Mr. Fries would like to have this number deleted in its entirety. Trustee Preston stated this should stay as written per State Statute. Chairman LoVerde and Mr. Annunzio both agreed that is again should reflect zero dollars ($0). If the general consensus will reflect zero ($0), number 12 will be deleted in its entirety. Under subsection B number 13, discussion continued regarding retirement. Rob Kurfirst made a comment in regards to number 13, that language should stay as is. Trustee Preston disagrees with this provision as it invades personal privacy. Rob Kurfirst made a comment as it would not prohibit this activity but provide disclosure. Mr. Fries stated that enforcement would be difficulty. Trustee Preston wanted a clarification as to whether or not this has happened in the past. The Village Manager indicated he is not aware of any similar incidents that have happened in Niles or other Villages. Chairman LoVerde stated that this paragraph will be deferred this to an outside attorney for clarification. Under subsection C, if a zero tolerance policy is adopted this will be stricken. Otherwise, all agree to keep subsection C, with the exception on Village Attorney to be replaced with Compliance Officer. All members agreed to have Mike Siegel’s opinion on subsection B, numbers 8, 12, 13 in order to have a final vote on these open items. 2  Board of Ethics Meeting, June 29, 2010 Chairman LoVerde pointed out that this Board was put in place to set a Code of Ethics that is stricter than the States Code. Next meeting date will be on July 13, 2010 at an earlier time. Executive Session Motion made by Trustee Preston to move into executive session at 8:20 p.m., to discuss six Hotline complaints received, seconded by Mr. Fries; on voice vote all concurred. Motion to reconvene at 8:40 p.m., was made by Trustee Preston, seconded by Mr. Fries, all concurred. Motion to adjourn was made by Trustee Preston, seconded by Chairman LoVerde, all concurred and the meeting adjourned at 8:41 p.m. Kathy M. Thake Board of Ethics Secretary 3