2011-03-03 - Ethics Commission - Minutes Board or Commission: ❑ Ethics commission
Docum
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Meeting ate: 03/03/2011
Type of Meeting: ❑ Regular Meeting
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Minutes 3-3-2011.pdf
VILLAGE OF BUFFALO GROVE
ETHICS COMMISSION
REGULAR MEETING MINUTES
Thursday, March 3, 3011
7:00 p.m., Village Hall, OVM Conference Room
Present:
Trustee Jeff Braiman
Chair Brian Rubin
John Green
Debra Ryarczyk
William Raysa, Village Attorney
Ghida Neukirch, Deputy Village Mgr.
Absent:
Bruce Bohrer
Walter Jasinski
Elena (Lenna) Scott
Welcome & Introductions
All attendees provided an overview of their backgrounds.
Attorney Report by William Raysa, Village Attorney
Bill Raysa provided a summary and overview of the discussion from the August 17, 2010 meeting.
Distribution:
1. Chapter 2.48, Ethics, of the Village of Buffalo Grove Municipal Code
2. State Officials and Employees Ethics Act, 5 ILCS 430/1-1 et seq., selected sections from the Act.
Illinois Open Meetings Act. Bill Raysa noted that the Village Board and all commissions, committees
and boards are subject to the Open Meetings Act. The entire Act can be found on the Illinois General
Assembly web site (http://www.ilga.aov/).
The Ethics Commission meeting is an "open meeting".
The Illinois Attorney General website has a valuable resource of questions/answers on their web site
for your review regarding the Open Meetings Act. The web site can be found at
htti)://www.illinoisattornevaeneral.aov/.
Freedom of Information Act (FOIA)
FOIA regulations can also be found on the Illinois Attorney General's web site as noted above.
The FOIA covers any public record, including but not limited to email, hard copy document, and
electronic transmission. What records are covered? 5 ILCS 140(2)(c) defines public records as "all
records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms,
cards, tapes, recordings, electronic data processing records, recorded information and all other
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documentary materials, regardless of physical form or characteristics, having been prepared, or
having been or being used, received, possessed or under the control of any public body."
State Officials and Employee Ethics Act, 5 ILCS 430
Bill Raysa reviewed the state regulations pertaining to solicitation and acceptance of gifts.
Prohibited political activities, 5 ILCS 430/5-15. State employees shall not intentionally perform any
prohibited political activity during any compensated time (other than vacation, personal, or
compensatory time off).
Gift Ban Act, 5 ILCS 430/10-10.
There are twelve exceptions to the Gift Ban Act including but not limited to a gift from a relative, based
on personal friendship, travel expenses for a meeting to discuss State business, food or refreshments
not exceeding $75/value in a single day provided that the food/beverage is consumed on the
premises.
Review of Chapter 2.49 — Ethics Commission
The powers/duties, complaints and procedures and other components of the Ethics Commissions'
regulations were reviewed including the following:
1. Term of Commissioners. Commissioners can not be appointed longer than the term of the
Village President. As a result, the term of all appointed volunteers is through April 30, 2011.
2. The timeframe for convening the Ethics Commission was guided by the Illinois statutes.
3. A complaint alleging a violation per the Chapter must be filed within one year after the alleged
violation.
4. Penalties (2.49.100). A person is guilty of a Class A misdemeanor if that person intentionally
violations any provision of subsection D. of Section 2.49.010 — this relates to prohibited
politically activity. The penalties were guided by state statute.
5. Please review powers and duties of the commissioners as set forth in Chapter 2.49.050.
Resolution 2009-50, Code of Behavior and Conduct
All commissioners are governed and shall adhere to the Code of Conduct. All appointed
commissioners are classified as "public officials" and governed by the Code. Any violation of the
Code of Conduct as would not be subject to review by the Ethics Commission, and public and private
reprimand.
ACTION ITEMS
✓ Neukirch will research if there are any cases where ethics matters have been heard by municipal
boards or commissions.
✓ It was suggested that standard operating procedures be established to guide the Commission if a
case is brought forward.
✓ The 2011 Ethics Training for appointees of State of Illinois Boards was discussed. The document
will be emailed to the Ethics Commission for reference only. This document does not apply to the
Ethics Commission —the document serves as reference only.
Next Steps
The next meeting will be held on Thursday, July 14, 2011 at 7:00 pm.
Motion to adjourn —Weiss, second Green. Motion carried.
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The meeting adjourned at 8:30 pm.
Respectfully Submitted,
Ghida S. Neukirch
Deputy Village Mgr.
cc: Village Board
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