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, January 17, 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 December 15, 2011 III. New Business Item #1 Discussion Adoption of Proposed Policy – Administrative Hearing Procedures Item #2 Discussion Proposed Changes to the Code of Ethics Relating to Employees Serving on Non-government Organizations Item #3 Discussion Report from Village Manager Conflict of Interest Statement (Makula Proposal) IV. Comments/Questions from the Public V. Executive Session (Closed to the Public) Review of New Hotline Complaints 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 January 17, 2012 – 5:30 p.m. Andrew Przybylo The Board of Ethics meeting was held on Tuesday, January 17, 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 George R. Van Geem, Village Manager Randy Greco Dean Strzelecki, Police Chief Matthew Lagodzinski Approval of Minutes Mr. Gaudio made a motion, seconded by Mr. Greco, to approve the minutes of the December 15, 2011 meeting; on voice vote all concurred. New Business Discussion Item #1 Adoption of Proposed Policy-Admin. Hearing Procedures Chairman Hynes stated that the Ethics Board has reviewed the Administrative Hearing Procedures. Under Sec. 2-429(b) “considered” is misspelled, correction needed. As it pertains to Sec. 2-438, “shall” will replace “may.” Chairman Hynes stated that going forward the Board of Ethics can amend the language if needed. Chairman Hynes made a motion, seconded by Mr. Gaudio, to approve the Administrative Hearing Procedures with corrections. On roll call, the vote was: AYES: 5 Hynes, Greco, Siegel, Gaudio, Lagodzinski NAYS: 0 There bring 5 affirmative votes, the MOTION CARRIED. Mr. Greco made a motion, seconded by Mr. Gaudio, to approve the Proposed Ordinance Ch. 2, Article IX, Sections 2-429 through 2-441 to the Board of Trustees. On roll call, the vote was: AYES: 5 Hynes, Greco, Siegel, Gaudio, Lagodzinski NAYS: 0 There bring 5 affirmative votes, the MOTION CARRIED. www.vniles.com  Board of Ethics Meeting, January 17, 2012 Item #2 Proposed Changes to the Code of Ethics Relating to Employees serving on Non- Government Organizations Chairman Hynes stated that Village Manager and Police Chief are present tonight to voice their opinions on this issue. Village Manager Van Geem stated that nothing in the Code of Ethics prohibits the employees to participate or serve on non-government organizations. Van Geem feels that this is a great way to have employees involved in the community but does not believe a general blanket should be on the employees. When serving on a non-government organization and should a potential conflict come up, the employee should recuse themselves. Police Chief Strzelecki supported that by indicating that when he served on the Chamber of Commerce, he would recuse himself. He also noted that he had spoken to Commander Penze as to what is expected of him in this position. Strzelecki pointed out that in law enforcement, all personnel go through ethics training and their goal is to breakdown the wall between citizens and law enforcement. Mr. Siegel stated that he feels confident at the executive level of management with this situation but at the lower level of employment, good in-service would avoid potential issues as you don’t want anyone to step into a situation of that kind. Chairman Hynes stated that supervisors should be notified when it comes to their staff in order to avoid any potential conflict of interest. He went on further to state that a provision in the Employee Handbook might be the solution. Chairman Hynes and Mr. Annunzio will present language at the next Ethics meeting. Item #3 Report from Village Manager/Conflict of Interest Statement (Makula Proposal) Village Manager Van Geem reported on the conflict of interest statement that is currently in place and it is the employee’s duty to disclose; but to have the vendor disclose is a great idea. More information is always welcome without any burden to the current process. Chairman Hynes indicated that the best way to implement this is to have a standard form which will point to the Code of Ethics. Mr. Siegel questioned whether we need to include anything else beside Liquor, Zoning and Bids. Chairman Hynes stated that this should be across the board. Chairman Hynes and Mr. Annunzio will create a standard form at the next Ethics meeting. Comments/Questions from the Public Village Manager Van Geem stated that back in November, the Board of Ethics reviewed the duties of the Village Manager; he would like to know where this issue stands? Chairman Hynes indicated that this information was passed on to the Mayor and Board of Trustees; as for the Board of Ethics, “we lost jurisdiction after that.” Executive Session Motion made by Mr. Siegel to move into executive session at 7:15 p.m. to discuss one Hotline complaint received, seconded by Mr. Gaudio; on voice vote all concurred. Motion to reconvene at 7:37 p.m. was made by Mr. Greco, seconded by Mr. Gaudio; all concurred. Reconvene in Open Session Motion to reconvene in open session at 6:37 p.m. was made by Mr. Greco, seconded by Mr. Gaudio; all concurred. 2  Board of Ethics Meeting, January 17, 2012 Adjournment Motion to adjourn was made by Mr. Gaudio, seconded by Mr. Lagodzinski; all concurred and the meeting adjourned at 7:40 p.m. Kathy M. Thake Board of Ethics Secretary 3  “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, January 17, 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 December 15, 2011 III. New Business Item #1 Discussion Adoption of Proposed Policy – Administrative Hearing Procedures Item #2 Discussion Proposed Changes to the Code of Ethics Relating to Employees Serving on Non-government Organizations Item #3 Discussion Report from Village Manager Conflict of Interest Statement (Makula Proposal) IV. Comments/Questions from the Public V. Executive Session (Closed to the Public) Review of New Hotline Complaints VI. Reconvene in Open Session Action Items Arising out of Executive Session (if necessary) VII. Adjournment www.vniles.com  Board of Ethics Meeting January 17, 2012 Agenda Item ITEM #1 Proposed Ordinance for Adoption by the Board of Ethics Chapter 2 Administration Article IX. Board of Ethics * * * 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) 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 or more than 60 days from the date of said Executive Session. Notice of the hearing shall be sent to the respondent via certified mail or equivalent written notice. c) 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 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. Sec. 2-430 Reserved. DIVISION 2. ADMINISTRATIVE HEARING PROCEDURES FOR ETHICS HEARINGS CONDUCTED BY THE BOARD OF TRUSTEES Sec. 2-431 Definitions Code means the Niles Code of Ethics. Hearing officers means, at least a majority of Village of Niles Board of Trustees whose duty it is to:  Board of Ethics Meeting January 17, 2012 Agenda Item preside at an administrative hearing called to determine whether or not a Code violation exists; hold conferences for the settlement or simplification of the issues; administer oaths and affirmations; hear testimony and accept evidence from all interested parties relevant to the existence of a Code violation; rule upon motions, objections and the admissibility of evidence; at the request of any party or on the administrative hearing officer's own motion, subpoena the attendance of relevant witnesses and the production of relevant books, records or other information; preserve and authenticate the transcript and record of the hearing and all exhibits and evidence introduced at the hearing; and regulate the course of the hearing in accordance with this division, or other applicable law; issue a final order which includes findings of fact and conclusions of law; and impose penalties and issue orders that are consistent with applicable Code provisions and assess costs upon finding a party liable for the charged violation. Sec. 2-432 Creation of Ethic Administration Adjudication a) Establishing a system of administrative hearings, pursuant to this Division, shall provide for enforcement of Code violations within the Village of Niles. The ordinance shall establish the jurisdiction of a Code hearing that is consistent with this Division. b) Adjudicatory hearings shall be presided over by the hearing officers. Sec. 2-433 Rules of Evidence Rules of evidence shall not govern. The formal and technical rules of evidence do not apply in an administrative hearing permitted under this division. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.  Board of Ethics Meeting January 17, 2012 Agenda Item Sec. 2-434 Subpoenas a) Hearing officers may issue a subpoena only if they determine that the testimony of the witnesses or the documents or items sought by the subpoena are necessary to present evidence that: 1) is relevant to the case; and 2) relates to a contested issue in the case. b) A subpoena issued under this division shall identify: 1) The person to whom it is directed; 2) The documents or other items sought by the subpoena, if any; 3) The date for the appearance of the witnesses and the production of the documents or other items described in the subpoena; 4) The time for the appearance of the witnesses and the production of the documents or other items described in the subpoena; and 5) The place for the appearance of the witnesses and the production of the documents or other items described in the subpoena. c) In no event shall the date identified for the appearance of the witnesses or the production of the documents or other items be less than seven days after service of the subpoena. d) Within three business days of being served with a subpoena issued in accordance with this division, the recipient of the subpoena may contest the order authorizing the issuance of the subpoena to the hearing officers, setting forth in detail the recipient's objections to the subpoena. Upon receipt of the contest to the subpoena, the hearing officers shall review the objections and, upon review, enter the appropriate order. Sec. 2-435 Representation at hearings a) The case for the village may be presented by any village employee or by an attorney designated by the village. b) The case for the respondent may be presented by the respondent, any agent of the respondent or an attorney. An agent shall present a written authorization signed by the respondent giving the agent power to act and to bind the respondent to any orders entered by the hearing officers.  Board of Ethics Meeting January 17, 2012 Agenda Item Sec. 2-436 Conduct of hearings The hearing officers shall conduct the hearings in an orderly manner and insist upon proper decorum by all persons present at the hearing. The intent of the hearings is to provide the village and the respondent full and fair presentation of the issues. Conduct of the Hearing shall be as follows: Opening arguments if requested by either party; Ethics Board case in chief; Examination of witness; Cross-Examination of Witness; Rebuttal; Respondents case in chief; Examination of witness; Cross-Examination of Witness; Rebuttal; Closing remarks if requested by either party. Sec. 2-437 Documentary evidence Relevant documents may be received into evidence without formal proof of authenticity. The hearing officers shall determine the weight, if any, to be afforded documents received into evidence. Sec. 2-438 Transcript of proceedings Either party may request that the proceedings be taken and transcribed by a certified court reporter. The cost of the reporter shall be borne by the party requesting the reporter. The village may, at its cost, tape record the proceedings. If a tape recording is made, a respondent may obtain a transcript at respondent's cost. Sec. 2-439 Continuances All hearing proceedings shall be conducted on the date set. For good cause shown, a postponement may be granted at the discretion of the hearing officers. The purpose of hearing proceedings is to provide a prompt resolution of alleged code violations and, accordingly, the request for and the grant of, continuances shall be curtailed to the extent fairness permits.  Board of Ethics Meeting January 17, 2012 Agenda Item Sec. 2-440 Administrative Hearing procedures not exclusive Notwithstanding any other provision of these procedures, neither the authority of the Administrative Hearing Officers to conduct administrative hearing procedures nor the institution of such procedures under these procedures shall preclude the Village from seeking any remedies for Code violations through the use of any other administrative procedure or court proceeding. Sec. 2-441 Other provisions not limiting a) Notwithstanding any other provision of the Code, including any enforcement action, including but not limited to which may be exercised by another department or agency of the village may also be exercised by the Hearing Officers. b) Nothing in these procedures shall affect the jurisdiction of the firefighter’s pension fund, police pension fund, or the board of fire and police commissioners.  January 17, 2012 Board of Ethics Meeting Agenda Item ITEM #2 Employees Serving on Boards and as Officers of Non-government Organizations Open Discussion Pursuant to Trustee Preston’s concern regarding Employees Serving on Boards as Officers of Non-Government Organizations. Discussion on the pros and cons of this matter. Possibly consider amending Code of Ethics.  January 17, 2012 Board of Ethics Meeting Agenda Item ITEM #3 Report from Village Manager Conflict of Interest Statement (Makula Request) Open Discussion Resident Joe Makula is proposing a Conflict of Interest Statement to be filed by the following: Every person, organization, corporation (and/or their representative and attorney) submitting a bid over $20,000, or any application for a liquor license or any zoning change shall submit a Conflict of Interest Statement. Please refer to your attachment.