Loading...
2010-08-17 - Ethics Commission - Minutes Board or Commission: ❑ Ethics commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 08/17/2010 Type of Meeting: ❑ Regular Meeting Minutes 8-17-2010.pdf Minutes 8-17-2010.doc N ETHICS COMMISSION N REGULAR MEETING MINUTES Tuesday, 17 August 2010 8:00 p.m., Village Hall, OVM Conference Room Present: President Elliott Hartstein Chair Brian Rubin Bruce Bohrer John Green Walter Jasinski Debra Ryarczyk Elena (Lenna) Scott William Raysa, Village Attorney Ghida Neukirch, Deputy Village Mgr./Manager Pro Tern Absent: N/A Welcome & Introductions All attendees provided an overview of their backgrounds. Chair Rubin reported that Nancy Aldrich resigned from the Commission due to personal reasons. President Hartstein will review the talent bank applications and will make an appointment of another commissioner to serve the Ethics Commission; trustee feedback is regularly sought for all appointed volunteers of the Village. Purpose Chair Rubin provided an overview of the Commission. The Commission was established by the Village Board by Ordinance 2009-084, which was distributed to the commissioners with their agenda packet. Chair Rubin will call a meeting of the commission in approximately six to nine months if there are no cases to be heard so the group can reconvene, and to possibly review other municipal regulations or case studies. Village President Welcome President Hartstein welcomed the commissioners and thanked them for their interest in serving the Village's Ethics Commission. His goal in selecting volunteers to serve the commission included individuals that did not run for elected office in a recent election, diverse backgrounds, and individuals with different professional backgrounds and interests. The goal was to select the best group of people— individuals who are objective, fair and will strive to address the mission of the commission. Staff Report Ghida reported that all commissioners received Local Ethics Statements & Oath of Office. If you have not done so already, please complete this document and return it to my attention at Village Hall. Attorney Report by William Raysa, Village Attorney 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.gov/). Sec. 1.02. For the purposes of the Open Meetings Act: "Meeting" means any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat, and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business or, for a 5:1member public body, a quorum of the members of a public body held for the purpose of discussing public business. A majority of a quorum is three people for the purposes of this Commission. The intent of the "gathering" is for the purpose of discussing business. Can an item be addressed which is not on the agenda? Yes. Can action be taken on an non-agenda item? No. Items must be published on the agenda for final action to be taken. The Ethics Commission meeting is an "open meeting". The Commission is able to go to "closed" meeting, i.e. Executive Session. In order to go to a closed meeting, it must fall into one of the exceptions, section 2(c). The most relevant sections that would pertain to this commission would include: • Discipline of an employee • Discipline of an occupant of a public office. 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 http://www.illinoisattorneygeneral.aov/. Freedom of Information Act (FOIA) FOIA regulations can also be found on he Illinois Attorney General's web site as noted above. There is no criminal penalty to the FOIA; a civil penalty can be applied. The FOIA covers any public record — email, hard copy document, disc, etc. 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 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. 2 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. Resolution 2009-50, Code of Conduct All commissioners are governed and shall adhere to the Code of Conduct. Any violation of the Code of Conduct as would not be subject to review by the Ethics Commission; any alleged violations would be reviewed by the Village Board. 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. 2. The timeframe for convening the Ethics Commission was guided by the Illinois statutes. 3. Phone conferences are not permitted when a complaint is reviewed by the Commission; the Village Board has the authority to allow phone conferences for public meetings, but has not considered or taken action on this matter. 4. The Corporate Authorities shall meet within 30 calendar days after receipt by the Village Clerk (2.49.040 D.). How is "receipt" determined? The Village would likely issue an email and deliver a hard-copy packet to each commissioner. 5. Is the complainant allowed counsel? Yes. 6. A complaint alleging a violation per the Chapter must be filed within one year after the alleged violation. 7. 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. Next Steps Brian indicated that a meeting will be scheduled in approximately six months if no cases are called prior to this date. Motion to adjourn —Jasinski, second Scott. Motion carried. The meeting adjourned at 9:17 pm. Respectfully Submitted, Ghida S. Neukirch Deputy Village Mgr./Manager Pro Tern cc: Village Board 3