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 November 17, 2011 – 5:30 p.m. Andrew Przybylo The Board of Ethics meeting was held on Thursday, November 17, 2011, at the Village Manager George R. Van Geem Village 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 Michael Siegel Kathy Barnat, Human Resource Coord. Matthew Lagodzinski Members Absent: Randy Greco Approval of Minutes Mr. Siegel made a motion, seconded by Mr. Gaudio, to approve the minutes of the October 18, 2011 meeting as amended; on voice vote all concurred. Chairman Announcement Chairman Hynes made an announcement that the Village Board approved the purchasing manual. New Business Discussion Item #1 Suggested Changes to Ch. 2 Article IX Chairman Hynes stated that currently Chapter 2, Article IX as written sets the Ethics Board as the prosecutor and Board of Trustees as the Hearing Officer. Mr. Annunzio confirmed that this is true as written currently. Chairman Hynes stated that he believes that the Board of Ethics should be the fact finding body but not render a final decision. Based on this suggestion Chairman Hynes stated that Mr. Siegel’s changes are appropriate as it pertains to Article IX, Section 2-429. Mr. Siegel stated that additional provision is needed for when a complaint is lodged against a Board of Ethics member or Elected Official. Chairman Hynes stated that once a finding is made by the Board of Ethics a step should be added to allow the respondent to ask for reconsideration of the finding. If the finding is rejected by the respondent and if the request for reconsideration is denied by the Ethics Board, then a public hearing would take place with the Board of Trustees acting as judge and the Board of Ethics acting as prosecutor. Section 2-429 www.vniles.com  Board of Ethics Meeting, November 17, 2011 under number 2, addresses whether or not the complainant should remain anonymous. Mr. Siegel stated that this might encourage people to come forward knowing that they will remain anonymous; the name could only be reveled if there is an exception with the Board of Ethics making a determination that disclosure was appropriate to the accused party. Mr. Annunzio stated that a provision is also needed regarding what to do if the compliance officer is the subject of the ethics complaint. Chairman Hynes stated that language will be incorporated that designates another individual to conduct the initial investigation such as the Chairman of the Board of Ethics if the complaint involves the compliance officer. Mr. Siegel questioned whether after a finding is reached by the Board of Ethics should the complainant receive a copy of the finding or should it be kept confidential. Mr. Siegel recommended that the complainant not be told about findings until a final decision is rendered by the Board of Trustees. Chairman Hynes stated that it should be kept simple and a letter sent to the complainant. Mr. Siegel mentioned that anyone can forward a complaint, if no violation has occurred then the Board will inform the complainant that no violation occurred and that would go out in form of a letter. If a violation has occurred the Board of Ethics will send the recommendation to the Board of Trustees without a full report released to the complainant. Mr. Siegel also stated that only after a final decision is made by the Board of Trustees should the report be released to the public. Chairman Hynes stated that he will put all these changes together and email them to the Board of Ethics members in order to have the Board of Trustees approve this at the December meeting. Mr. Gaudio made a motion, seconded by Mr. Lagodzinski, to accept the following changes as discussed on Chapter 2, Sections 427-430 On roll call, the vote was: AYES: 4 Hynes, Siegel, Gaudio, Lagodzinski NAYS: 0 There bring 4 affirmative votes, the MOTION CARRIED. Item #2 Employee Handbook Chairman Hynes stated that Village Attorney Annunzio drafted two options as it pertains to the “At Will Statement”. Both Mr. Siegel and Chairman Hynes agree that option #2 is the better of the two. Chairman Hynes also stated that Sec. 1.12 should be addressed. Human Resources Coordinator Kathy Barnat stated that she will put language together for this section and give the proposal next month. Item #3 Makula Proposal Chairman Hynes stated that Resident Joe Makula submitted language dealing with a request for a conflict of interest to be incorporated in items such as the liquor licensing, zoning changes or any bids over the $20,000. Mr. Siegel stated that the best way to handle this would be to ask each department or commission (ie; Zoning Board, Liquor Commission and Purchasing Agent) what they are currently doing and then to have them report back to the Board of Ethics. Comments/Questions from the Public Resident Joe Makula stated as to why he sent this proposal to the Board; he feels that the public is skeptical and to make sure the public will be confident in transparency process. Executive Session Motion made by Mr. Gaudio to move into executive session at 7:05 p.m., to discuss several Hotline complaints received, seconded by Mr. Lagodzinski; on voice vote all concurred. 2  Board of Ethics Meeting, November 17, 2011 Motion to reconvene at 7:30 p.m., was made by Mr. Siegel, seconded by Mr. Gaudio, all concurred. Reconvene in Open Session Motion to reconvene in open session at 7:31 p.m., was made by Mr. Lagodzinski, seconded by Mr. Gaudio, all concurred. Adjournment Motion to adjourn was made by Chairman Hynes, seconded by Mr. Lagodzinski, all concurred and the meeting adjourned at 7:32 p.m. Kathy M. Thake Board of Ethics Secretary 3