Board of Ethics

MAYOR VILLAGE MANAGER Andrew Przybylo Steven C. Vinezeano TRUSTEES George D. Alpogianis VILLAGE CLERK John C. Jekot Marlene J. Victorine Joe LoVerde Danette O’Donovan Matyas Denise M. McCreery Phone: (847) 588-8000 Dean Strzelecki Fax: (847) 588-8051 www.vniles.com 1000 Civic Center Drive, Niles, Illinois 60714 MINUTES BOARD OF ETHICS Council Chambers July 16, 2015 – 5:00 p.m. The Board of Ethics meeting was held on Thursday, July 16, 2015, at the Village Hall. The meeting was called to order at 5:00 p.m. by Chairman Gaudio. Members Present: Staff Present: Chairman Anthony Gaudio Joseph J. Annunzio, Village Attorney Steve Ostrega Kathy M. Thake, Secretary Randy Greco Matthew Lagodzinski Carol Bagley Also Present: Christopher B. Cohen, Inspector General Approval of Minutes Mr. Lagodzinski made a motion, seconded by Mr. Ostrega, to approve the minutes of the June 18, 2015, meeting; on voice vote all concurred. Old Business Item #1 Discussion on Sec. 2-428 of the Code of Ordinances Chairman Gaudio indicated that Mr. Greco and the Village Attorney would review this language and advise the Board if changes were necessary. The Village Attorney stated that Mr. Greco and he reviewed the language and did not see a need for change. The language that is present stated any appointed official can bring forward an issue that might not fit as a complaint. Ms. Bagley stated how would be handle going forward. The Village Attorney explained the difference between advisory opinions and complaints. Mr. Lagodzinski wanted to know how these can be tracked. The Village Attorney explained we are expanding the interpretation of the current language and this places a deeper responsibility on the appoint officials to bring matters forward. Mr. Greco and Mr. Ostrega both agreed that if the language is present there is no need to change it. Chairman Gaudio indicated that there might be a conflict between complaints and advisory opinions and lack of differentiation between the two. The Village Attorney explained that an ethics complaint is specific a violation of the ethics code while the advisory opinion might be a systemic problem. The general consensus is that advisory opinions will be categorized with AO#. Item #2 Discussion on Compliant 2015-03 Chairman Gaudio presented complaint 2015-03 to the Board. The Village Attorney explained it appears that this matter is more like a hybrid since it deal with a systemic problem but also is against a position that holds office while serving on the local election board. Chairman Gaudio indicated that the month prior the Inspector General presented a detailed report on the legality of this matter. The Village Attorney stated that one of the sub-allegations brought forward was the Board of Ethics might not the proper public body to handle this matter and it should be reviewed by a third party. Mr. Greco stated that according to state statue and other communities this issue can be handled one of two ways. Mr. Ostrega pointed out that a court order exists and the Board of Ethics can’t change that. Mr. Greco proposed the idea of this matter be forward to the Attorney General’s Office for their opinion and clarification of the law. Chairman Gaudio indicated that this fight is with the State of Illinois not the Village of Niles or the Board of Ethics. It was proposed that whatever the response will be from the Attorney General’s Office, it will be adopted. Mr. Greco made a motion to send Complaint 2015-03 to the Illinois Attorney General’s to ask for further interpretation of the law and to help apply to this complaint, the response will become part of our recommendation and we will close the complaint, seconded by Mr. Ostrega; on voice vote all concurred. Inspector General Cohen joined the meeting at 5:19 p.m. The Village Attorney also suggested that whoever will write this request letter get in touch with Mr. Makula so he is comfortable. Mr. Greco made a motion to say we no longer discuss this matter until we get the opinion back from the Attorney General, seconded by Ms. Bagley; on voice vote all concurred. Comments from the Public Resident Preston questioned the Code of Ethics Sec. 2-428 what if the appointed official refuses to bring something to the Board of Ethics, what would be the recourse. Chairman Gaudio indicated that he can be reached directly. Resident Preston also wanted clarification on the language of appointed officials and who would that be. The Village Attorney explained it can be any appointed officials in the Village. Brief discussion on website emails took place. All the members will inform the secretary whether or not they would like to disclose their personal email on the website. Chairman Gaudio indicated that it is each Board member’s choice to provide his or her email. Next Meeting A meeting is tentatively scheduled for August 20, 2015 at 5:30 p.m. Adjournment Motion to adjourn was made by Mr. Ostrega seconded by Ms. Bagley; all concurred and the meeting adjourned at 5:29 p.m. Kathy M. Thake Board of Ethics Secretary 2