2007-21RESOLUTION NO. 2007 - 2
A RESOLUTION REPRIMANDING VILLAGE PRESIDENT ELLIOTT HARTSTEIN
WHEREAS, the Village Board of the Village of Buffalo Grove is the legal governing
authority through which the business of the Village is conducted; and
WHEREAS, the Village Board has exclusive authority to determine and establish
policy for the Village; and
WHEREAS, implicit in the oath of office taken and executed by Elliott Hartstein, as
Village President, is an affirmative obligation to uphold Village policies as established by the
Village Board, to conduct himself at all times strictly within the scope and limitations of the
authority of his office, and otherwise to adhere to the principles of ethical conduct for
municipal officials established by Illinois law and the Village's Municipal Code; and
WHEREAS, at the regular meeting of the Village Board held on May 21, 2007, the
Village Board gave direction to the Village President to refrain from advocating on behalf of,
or voting in favor of an endorsement of the Metropolitan Mayors Caucus' proposal for school
funding, or any related proposals, and further directed the Village President to convey the
Village Board's policy position at the special meeting of the Northwest Municipal Conference
Board at which an endorsement of the Metropolitan Mayors Caucus proposal would be
considered; and
WHEREAS, contrary to the Village Board's specific direction and stated intent, Elliott
Hartstein, in his capacity as Village President, advocated extensively in favor of the
Metropolitan Mayors Caucus school funding proposal and related matters before the
Northwest Municipal Conference Board and aided in the drafting of a resolution in support,
and
WHEREAS, in so asserting, advocating, advancing or representing policy positions to
outside parties under color and claimed authority of his elected office and title as Village
President, without prior notification and express consent of the Village Board, and contrary to
the specific instructions of the Village Board, Elliott Hartstein has exceeded his authority as
Village President and thereby failed to faithfully and properly execute the duties and
responsibilities of his office; and
WHEREAS, Elliott Hartstein has on previous occasions similarly failed to communicate
with or seek the advice and counsel of the Village Board prior to advocating. policy positions
on behalf of the Village; and
WHEREAS, efforts have been undertaken by Village officials to constructively address
and remediate Elliott Hartstein's prior ultra vines conduct, both privately and publicly without
success; and
WHEREAS, Elliott Hartstein refused to advise or confirm to the Village Board his
actions at the Special Meeting of the NWMC Board on May 23, 2007; and
WHEREAS, the Village Board does not accept, condone or ratify the ultra vires
conduct undertaken and statements made by Elliott Hartstein; and
WHEREAS, it is the will and intent of the Village Board to promulgate this statement of
reprimand to Elliott Hartstein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows:
Section 1. Elliott Hartstein's conduct, in asserting, advocating, advancing and /or
representing policy positions under color and claimed authority of his elected office and title
as Village President, without prior notification and express consent of the Village Board, does
not meet the standard for proper establishment and promulgation of Village policy, and his
ultra vires acts and statements with regard to policy matters including, but not limited to his
statements and actions in furtherance of the Metropolitan Mayors Caucus proposal for school
funding reform are neither countenanced, condoned nor ratified by the Village Board.
Section 2. The Village Board hereby reprimands Village President Elliott Hartstein for
his actions in furtherance of policies and positions contrary to the stated direction of the
Village Board, including, but not limited to the Metropolitan Mayors Caucus school funding
reform proposal.
Section 3. The Village Board does not authorize or consent to any further action,
assertion, advocacy, advancement, statement, representation or vote by Elliott Hartstein, in
connection with his participation under color and claimed authority of his elected office and
title as Village President, in regional, municipal or mayoral caucuses, conferences, leagues
and other similar bodies, without prior notification and express consent of the Village Board
regarding the Metropolitan Mayors Caucus proposal, or any other proposal related to school
funding.
Section 4. Elliott Hartstein is once again reminded of his obligation to advise and
seek consent of the Village Board regarding any and all action requested or required of him,
or which he seeks to undertake in connection with or related to his representation of the
Village, under color and claimed authority of his elected office and title as Village President,
with respect to outside governmental institutions or agencies and other similar bodies.
APPROVED AND ADOPTED UPON AFFIRMATIVE VOTE BY THE BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE ON THIS 18TH DAY OF JUNE, 2007:
AYES: 5 - Braiman, Glover,. Berman, Kahn, Trilling
NAYES: 0 - None
ABSENT: 1 - Rubin
PASSED: June 18 , 2007
APPROVED: June 18 , 2007
Attest:
&
Vill— ag C erk