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 Thursday, March 22, 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 February 21, 2011 III. Old Business Item #1 Discussion Conflict of Interest Statement Form for various vendors IV. Comments/Questions from the Public V. Executive Session (Closed to the Public) New complaints received Review of Complaint 2011-08 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 March 22, 2012 – 5:30 p.m. Andrew Przybylo The Board of Ethics meeting was held on Thursday, March 22, 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 Randy Greco Matthew Lagodzinski Approval of Minutes Mr. Siegel made a motion, seconded by Mr. Greco, to approve the minutes of the February 21, 2012 meeting; on voice vote all concurred. Executive Session Motion made by Mr. Greco to move into executive session at 5:34 p.m. to discuss one past Hotline complaint, seconded by Mr. Gaudio; on voice vote all concurred. Motion to reconvene at 5:55 p.m. was made by a unanimous vote. Reconvene in Open Session Motion to reconvene in open session at 5:56 p.m. was made by a unanimous vote. Old Business Discussion Item #1 Conflict of Interest Statement for Vendors Chairman Hynes presented feedback from Directors on the Conflict of Interest Statement. Chairman Hynes suggested based on feedback that Sec. 2-403 and the definition of “covered person” be included in the form. Mr. Siegel indicated that evergreen contracts should be addressed. Village Attorney Annunzio stated that the Purchasing Agent would be the best person to answer questions that pertain to the evergreen contracts, which vendors to include and where to file these forms. Chairman Hynes stated that he would like to have this form easy to enforce and administer. Mr. Greco made a motion, seconded by Mr. Gaudio, to approve the Conflict of Interest Statement with the follow amendments; attach Code of Ethics Sec. 2-403, www.vniles.com  Board of Ethics Meeting, March 22, 2012 include the definition of “covered person” and forward to the Purchasing Agent for feedback. On roll call, the vote was: AYES: 5 Hynes, Greco, Siegel, Lagodzinski, Gaudio NAYS: 0 There bring 5 affirmative votes, the MOTION CARRIED. Mr. Siegel inquired with Chairman Hynes, whether or not the Board of Trustees took action on the Village Manager roles/duties or the Village Attorneys role. Mr. Siegel made a motion, seconded by Mr. Gaudio, to authorize Chairman Hynes to publicly inquire with the Board of Trustees as to the status of the Village Manager roles/duties or the Village Attorneys role at the next 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 Village Attorney Annunzio inquired with the Board of Ethics if the Board would object to the ethics training be done via video. The Board responded positively to this idea and gave the green light. Executive Session Motion made by Mr. Greco to move into executive session at 6:31 p.m. to discuss one past Hotline complaint, seconded by Mr. Gaudio; on voice vote all concurred. Motion to reconvene at 6:45 p.m. was made by Chairman Hynes, seconded by Mr. Gaudio; all concurred. Reconvene in Open Session Motion to reconvene in open session at 6:47 p.m. was made by a unanimous vote. Adjournment Motion to adjourn was made by Mr. Gaudio, seconded by Mr. Lagodzinski; all concurred and the meeting adjourned at 6:50 p.m. Kathy M. Thake Board of Ethics Secretary 2  Old Business Item #1 To All Department Heads: The Board of Ethics has created a Conflict of Interest Statement to be included in all contracts, applications, etc. Attached is the draft form, please review it carefully, comment and indicated where this form will be used within your department. If you have any further questions, please contact Joe Annunzio. Please respond to this request no later than Friday, March 9, 2012. Responses should be sent directly to me or Joe Annunzio. **Please note that all departments are required to respond. Feedback I think this form should include the definition of a “covered person” so that we don’t have to include our entire ethics manual to everyone we submit this form to. Since the form references section 2-402 and 2-403, they should be included in the form. The vendors who I may need to send this too don’t have a clue what our code of ethics is or where to find it. We need to make it easy for them to understand. MIS would use this form for large projects and software renewals that must go to the board for approval. Is this form to be used for all contract work or services or only for contract work or services that require board of trustees approval of $20,000 or more? Also, item number 3. should be revised to say-Section 2-402 covered by the Niles Code of Ethics. Line 8 at the end. The word “EMPLOYEES” is misspelled. Is this for ALL purchases or those of a certain threshold? I also agree that we will need to include the verbiage from the sited section of the code. If it’s for ALL purchases, its way too time consuming and will slow our operations down. It should be on major purchases of $20,000.00 or more. I have concerns that if this is required of all vendors we do business with that this is going to slow the process down significantly. Are we required to get this signed every time we place an order or if we get it signed once is that good enough? For larger vendors that we deal with that employ a large number of employees, I have a feeling there may be difficulty for them to confirm whether or not someone in the process has some connection to somebody on the Village’s end. Teen Center: I don't see this as something that I would have any reason or necessity to use. I believe that I only have 2-3 minor contracts of any kind. Golf Mill Mall for rent at about $1500- 1600 per month and my DJ service at about $500-600- 3 times per year, and monthly Comcast cable/internet. I do accept donations of money and equipment at largely varying values. Would I be required to have this completed prior to accepting donations? I’m assuming that this is required for expenditures requiring board approval; not for all contracts and services. Also, covered person needs to be clearly defined. What if we have an existing contract with contractor X. It comes up for renewal and needs Board approval for extension. Do they need to sign this form? The Fire Department, if we are talking about $20,000 or greater, would not be subject to this form often as the vast majority of purchases are under that amount. The only instances I can recall in the last few years would be the monitor/defibrillators and the scba (firefighter breathing apparatus). Our largest purchases, vehicles, are completed by public services. As far as contracts, I believe the only one we have that this would cover is for our ambulance billing service. They receive 6% of monies collected from our ambulance revenues. The amount they receive is approximately $50,000 to $60,000 per year.  VILLAGE OF NILES CONFLICT OF INTEREST STATEMENT PURPOSE IN ORDER TO ENCOURAGE TRANSPARENCY AND ETHICAL CONDUCT ON THE PART OF THE VILLAGE OF NILES, ITS CONTRACTORS AND APPLICANTS FOR DISCRETIONARY DECISION-MAKING BY ITS EMPLOYEES, APPOINTEES, ELECTED OFFICIALS AND BOARDS AND COMMISSIONS, (e.g. Bids for goods or services requiring Board of Trustees approval; personal services contracts, zoning changes, liquor licenses, etc.) THE VILLAGE HAS DETERMINED THAT ALL APPLICANTS FOR DISCRETIONARY ACTION BY THE VILLAGE AND ALL OF ITS EMPOYEES BOARDS AND COMMISSIONS SHALL SUBMIT WITH ANY APPLICATION OR REQUEST FOR ACTION THE FOLLOWING “CONFLICT OF INTEREST STATEMENT” FORM. FAILURE TO SUBMIT SAID FORM SHALL CAUSE THE APPLICATION OR REQUEST FOR ACTION TO BE DENIED. VILLAGE OF NILES CONFLICT OF INTEREST FORM Name of Person or Entity Submitting Form: ________________________________ Address: ______________________________________________________________ Telephone Number: _____________________________________________________ Fax Number: ___________________________________________________________ Email address: __________________________________________________________ ACTION REQUESTED BY VILLAGE: ____________________________________ 1. Are you or any of your officers, directors, partners, or principals, as appropriate, related by blood or marriage or reside in the same residence with any “Covered Person” as that term is defined in Section 2-402 or have any business interest with any “Covered Person” or own any real estate as set forth in Section 2-403 of the Village of Niles Code of Ethics? YES NO (circle one) a. If “yes”, state the name of the person(s), and your relation to him/her or them, or provide the name and address of the business interest and/or real estate address, and the Covered Person’s interest in them. 2. Have you or any of your officers, directors, partners, or principals, as appropriate, given any political contribution to any “Covered Person” or political party or political entity affiliated with the election or campaign of such a “covered person”, as defined by Section 2-402 of the Village of Niles Code of Ethics in the prior five (5) years? YES NO (circle one) a. If “yes”, state the name of the person(s), party or entity to which such contribution was made, the amount(s) of such contribution(s), and the date(s) when made. 3. Have you or any of your officers, directors, partners, or principals, as appropriate, given any gift(s) to any “Covered Person” as defined by Section 2-402 covered by of the Niles Code of Ethics within the last three (3) years? YES NO (circle one) a. If “yes”, state the name of the person(s) to which such gift was made, what the gift(s) was (were), the value of such gift(s), and the date(s) when made. NOTICE: FAILURE TO SUBMIT THIS COMPLETED AND SIGNED FORM WITH YOUR REQUEST FOR ACTION SHALL CAUSE YOUR REQUEST TO BE DENIED. The above statement is complete and correct to the best of my knowledge and belief. Date: ______________________________ Signature: ____________________________________________________________ Printed Name: ________________________________________________________ Title: ________________________________________________________________