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, September 18, 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 August 20, 2012 III. Old Business Item #1 Discussion and Ordinance Amend Ch. 2 Administration Article IX. Board of Ethics Sec. 2-429 Item #2 Discussion and Ordinance Amend Ch. 2 Administration Article III. Officers and Employees Sec. 2-104 Village Managers Powers and Duties IV. New Business Item # Discussion Village Manager’s Role in Resolving Employee Issues V. Comments/Questions from the Public VI. Executive Session (Closed to the Public) Follow up on previously submitted complaints Review of New Hotline Complaints 2012-16 through 2012-xx VII. Reconvene in Open Session Action Items Arising out of Executive Session (if necessary) VIII. 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 September 18, 2012 – 5:30 p.m. Andrew Przybylo The Board of Ethics meeting was held on Tuesday, September 18, 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 George R. Van Geem, Village Manager Randy Greco Michael Siegel Approval of Minutes Mr. Greco made a motion, seconded by Mr. Gaudio, to approve the minutes of the August 20, 2012 meeting; on voice vote all concurred, Mr. Siegel abstained. Old Business Item #1 Discussion and Ordinance Amend Ch. 2 Administration, Article IX. Board of Ethic, Sec. 2-429 Chairman Hynes stated the problem identified by the Board of Trustees is when the Board of Ethics does an investigation and finds no violation. The Board of Trustees would like this section to encompass various situations. Chairman Hynes made a motion, seconded by Mr. Greco, to present the following language for Sec. 2-429(d) as follows; if an elected official, a member of the Village Board of Ethics, the Village Manager or the Village Attorney are the subject of the Complaint, they are barred from all participation directly or indirectly in the complaint process including voting on said Complaint, except where they are to provide testimony or evidence relating to the Complaint, or provide testimony or evidence to refute said Complaint. On roll call, the vote was: AYES: 5 Hynes, Greco, Lagodzinski, Gaudio, Siegel NAYS: 0 There bring 5 affirmative votes, the MOTION CARRIED. Chairman Hynes discussed Sec. 2-429(b) and that this should not go back and forth www.vniles.com  Board of Ethics Meeting, September 18, 2012 between the Board of Ethics and Board of Trustees. Mr. Lagodzinski stated we need to end it at some point. Mr. Siegel stated that the Board of Ethics is not here to be forced into making recommendations that fit the situation, once we make a report it ends. Attorney Annunzio agreed, since this can question the integrity of the Board of Ethics. Chairman Hynes added that the complaint and the accused should be kept confidential. Chairman Hynes made a motion, seconded by Mr. Siegel, that Sec. 2-429(b) should be eliminated and any complaint that we investigate and find no violation. No report will be written to preserve the confidentially of the complainant and complaint. On roll call, the vote was: AYES: 5 Hynes, Greco, Lagodzinski, Gaudio, Siegel NAYS: 0 There bring 5 affirmative votes, the MOTION CARRIED. Item #2 Discussion and Ordinance Amend Ch. 2 Administration, Article III. Officers and Employee, Sec. 2-104 Village Managers Powers and Duties Chairman Hynes stated this Ordinance was sent back from the Board of Trustees. The Board of Ethics recommended the Village Manager have the power to hire and fire. The Board of Trustees indicated that this should be limited; as referenced in the Village Budget. Mr. Siegel stated how is this different from what we recommended. Chairman Hynes indicated that there are several ways to a budget process and appropriation of funds. Mr. Gaudio indicated that if an individual has a duty to perform they need to follow the guidelines. Village Manager Van Geem indicated that the budget process is according to State Statute; we appropriate funds that stand alone. This means that the Village cannot spend over the appropriated amount, but money can be moved around. Village Manager Van Geem stated that he wants the hiring and firing out of the political arena and have professionals do the job. Mr. Siegel suggested that the language proposed lends itself that someone can be hired only if this is a budgeted position and it can be misconstrued. Chairman Hynes stated that he will report at the next Village Board meeting the Board of Ethics position of no change to the ordinance passed in July. Village Manager Van Geem informed the Board of Ethics that the Finance Committee will be reviewing the different appropriation models in the coming meetings. Chairman Hynes stated that this can be delayed to see the Finance Committee recommendations. New Business Item # Discussion Village Manager’s Role in Resolving Employee Issues Chairman Hynes indicated that Village Manager Van Geem would like to speak to the Board of Ethic about his role in resolving employee issues. Village Manager Van Geem stated that he would like to have this run smoothly and that we have good ethical oversight on Village operations. Village Manager Van Geem spoke about a couple incidences that have been reported to the Board of Ethics. It appears that going forward Village Manager Van Geem would like to be informed about work related issues and have an opportunity to provide input. Chairman Hynes indicated that if a complaint is directed at a specific department it should go directly to that department head to respond in order to speed up the process and keep the people involved to a minimum. Village Manager Van Geem informed the Board of Ethics that the line needs to be drawn between work related and ethical issues. Mr. Siegel questioned what is the role of the Village Manager in police or fire discipline related issues. Village Manager Van Geem stated that when it comes to sworn 2  Board of Ethics Meeting, September 18, 2012 positions, the Village Manager would not deal with such matters. Chairman Hynes indicated that the Board of Ethics will consider these issues. Comments/Questions from the Public No public comment. Executive Session Motion made by Mr. Siegel to move into executive session at 6:54 p.m. to discuss follow up on previous complaints and several new Hotline complaints, seconded by Mr. Greco; on voice vote all concurred. Motion to reconvene at 8:21 p.m. was made by Mr. Gaudio, seconded by Mr. Greco; all concurred. Reconvene in Open Session Motion to reconvene in open session at 8:22 p.m. was made by a unanimous vote. Next Meeting Date The next meeting date was set for October15, 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 8:27 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, September 18, 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 August 20, 2012 III. Old Business Item #1 Discussion and Ordinance Amend Ch. 2 Administration Article IX. Board of Ethics Sec. 2-429 Item #2 Discussion and Ordinance Amend Ch. 2 Administration Article III. Officers and Employees Sec. 2-104 Village Managers Powers and Duties IV. New Business Item # Discussion Village Manager’s Role in Resolving Employee Issues V. Comments/Questions from the Public VI. Executive Session (Closed to the Public) Follow up on previously submitted complaints Review of New Hotline Complaints 2012-16 through 2012-xx VII. Reconvene in Open Session Action Items Arising out of Executive Session (if necessary) VIII. Adjournment www.vniles.com  OLD BUSINESS ITEM #1 ORDINANCE 2012- AN ORDINANCE AMENDING 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 amending 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, 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. 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.  Ordinance 2012- 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 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. 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. 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 25th day of September, 2012 AYES: NAYS: ABSENT: ___________________________________ Village Clerk APPROVED by me this 25th day of September, 2012. __________________________________ President of the Village of Niles Cook County, Illinois ATTESTED AND FILED in my office this 25th day of September, 2012, and published in pamphlet form as provided by law in the Village of Niles, Illinois. ___________________________________ Village Clerk 2  OLD BUSINESS ITEM #2 ORDINANCE 2012- AN ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE III. OFFICERS AND EMPLOYEES, DIVISION 2 VILLAGE MANAGER, SECTION 2-104 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 III. Officers and Employees, Division 2 Village Manager, Section 2-104 of Niles Code of Ordinances shall be amended as follows: Sec. 2-104 Powers and duties. The Village Manager shall be the chief administrative officer of the village. He shall be responsible to the board for the proper administration of all the affairs of the village. To that end, he shall have power and shall be required to: * * * (4) Hire, suspend or remove all budgeted Village employees positions except Appointed Officials as defined by State Statute; a) to support those decisions, the Village Manager shall implement and execute a formal performance management process, and b) results from the performance management process shall be used as a input for making compensation decisions for Village employees. * * *  Ordinance 2012- (14) Perform such other lawful duties as may be required by Resolution or Ordinance of the Board. 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 25th day of September, 2012 AYES: NAYS: ABSENT: ___________________________________ Village Clerk APPROVED by me this 25th day of September, 2012. __________________________________ President of the Village of Niles Cook County, Illinois ATTESTED AND FILED in my office this 25th day of September, 2012, and published in pamphlet form as provided by law in the Village of Niles, Illinois. ___________________________________ Village Clerk 2