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2011-08-11 - Ethics Commission - Minutes Board or Commission: ❑ Ethics commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 08/11/2011 Type of Meeting: ❑ Regular Meeting Minutes 8-11-201- 1.pdf VILLAGE OF BUFFALO GROVE ETHICS COMMISSION REGULAR MEETING MINUTES Thursday, August 11, 3011 7:00 p.m., Village Hall, OVM Conference Room Present: Chair Brian Rubin John Green Lenna Scott Martha Weiss Jeff Braiman, Village President William Raysa, Village Attorney Ghida Neukirch, Deputy Village Manager Absent: Bruce Bohrer Debra Ryarczyk Walter Jasinski Welcome Chair Rubin welcomed everyone to the meeting. Approval of Minutes, 8/17/2010 Approved by Commissioner Scott, second by Commissioner Green. Ayes: 4 — Green, Scott, Weiss, Rubin Nays: 0 — None Motion carried. Approval of Minutes, 3/3/2011 Approved by Commissioner Scott, second by Commissioner Weiss. Ayes: 4 — Green, Scott, Weiss, Rubin Nays: 0 — None Motion carried. Chair Report No report Rules of Procedure by the Village of Buffalo Grove Ethics Commission for Hearing of a Complaint Attorney Raysa noted that Village staff conducted research from other municipalities identifying cases whereby ethics matters had been heard by municipal boards or commissions. No research could be found in this regard. 1 Commissioner Green provided a Daily Herald article, "Kane County ethics ordinance in trouble?" dated 6/22/2011. Bill Raysa will review the information. Attorney Raysa provided an overview of the draft Rules of Procedures which was distributed to the Commission in advance of the meeting. The following information was shared: • The Ethics Commission is an administrative body and as a result, the rules are administrative in nature as opposed to the Rules of Civil Procedure such as a court rules. Rules of evidence are more "relaxed" for an administrative body such as this Ethics Commission. • Burden of proof in a criminal case is "without a reasonable double". The standard that would apply to the Ethics Commission is a preponderance of the evidence — more than 50% based on the commissioner's judgment. • The draft Rules of Procedure were taken from the Village's last Electoral Board. The Electoral Board is similar to the Ethics Commission in that they were an administrative body. • The Commission members suggested a number of changes to the draft rules. The changes can be found in the tracked changes document dated 8-11-2011. Motion by Commissioner Scott to approved the draft Rules as amended. Second by Green. Ayes: 4 — Green, Scott, Weiss, Rubin Nays: 0 — None Motion carried. Next Steps The updated draft Rules will be shared with the Commission for final review and consideration. The staff will plan to present the proposed Rules to the Village Board for formal consideration at the meeting on September 12, 2011. The Commission will plan to meet in March, 2012 unless a meeting is necessary in the interim. Motion to adjourn by Commissioner Weise. Second by Scott. Ayes: 4 — Green, Scott, Weiss, Rubin Nays: 0 — None Motion carried. The meeting adjourned at 7:45 pm. Respectfully Submitted, Ghida S. Neukirch Deputy Village Manager cc: Dane Bragg, Village Manager 2