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2009-500 1� 1� 0 RESOLUTION NO. 2009-50 A RESOLUTION ADOPTING A CODE OF BEHAVIOR AND CONDUCT FOR VILLAGE ELECTED AND APPOINTED "OFFICIALS FOR THE VILLAGE OF BUFFALO GROVE WHEREAS, the residents, as well as those who conduct their business, in the Village of Buffalo Grove are entitled to have fair and accountable local government, and - :WHEREAS, it has been and will be the policy of the Village of Buffalo Grove to uphold, promote and demand the highest standards of conduct and behavior from all its officials, whether elected or appointed, and; WHEREAS, the establishment and distribution of principals and examples of behavior and conduct, which constitute guidelines and standards for performance for elected and appointed officials, can identify and promote expectations of behavior and conduct. NOW, THEREFORE, BE'IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows: 1. The Village of Buffalo Grove does hereby adopt, as a matter of policy, the "Village of Buffalo Grove Code of Behavior and Conduct for. Village Elected and Appointed Officials" .dated December 14, 2009, and attached hereto as Exhibit "A ". 2. Upon adoption, copies of the policy shall be distributed to all Village departments and divisions so that the mutual expectations and obligations of both elected and appointed officials are communicated and understood as a matter of Village policy. AYES: 5 — Braiman, Glover, Trilling, Stone, Sussman NAYES: 0 —None ABSENT: 1 —Berman PASSED: December 14, 2009 ATTEST: APPROVED: Village erk Village President 12/14/2009 Exhibit "A" VILLAGE OF BUFFALO GROVE CODE OF BEHAVIOR AND CONDUCT FOR VILLAGE ELECTED AND APPOINTED OFFICIALS ARTICLE I The residents of, as well as those conducting their business, in the Village of Buffalo Grove are entitled to have fair and accountable local government. It shall be the policy of the Village to uphold, promote and demand the highest standards of conduct and ethics from all its officials, whether elected or appointed. For purposes of this Code, the term "Public Officials" is defined as an elected or appointed official of the Village; regardless of whether the official is compensated and shall include, but not by way of limitation, members of Village commissions, committees and boards appointed by the Village President by and with the consent of the Board of Trustees. Public Officials shall: • Comply with the letter and spirit of laws and policies that affect the governance and operation of the Village. • Maintain the utmost standards of personal integrity, truthfulness, honesty and' fairness in carrying out their public duties. • Be independent, impartial and fair in their judgment and actions. • Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility. • Use their public office or position for the public good, not for any personal gain. • Act in a way that will enhance public confidence in the integrity of local government. • Maintain the obligation to promote and support the key principles of this Code by leadership and example so as to maintain and strengthen the public's trust and confidence in the Village and its governance. Behavior and conduct by Public Officials during meetings, as well as outside of meetings, may be subject to sanctions set out within this Code of Behavior and Conduct ( "Code "). This Code sets forth principals and examples of proper behavior and conduct and also constitutes guidelines and standards that are enforceable, not merely suggestions. If there is deliberate violation of principals and guidelines set out herein, a Public Official may be subject to sanctions set out in this Code. Sanctions may be applicable if Public Officials fail to obey and observe the letter and spirit of the Constitution of the United States, the Constitution of the State of Illinois, and all federal, state and local laws, codes and ordinances, including this Code. 0 - 1 0 The President and Board of Trustees of the Village of Buffalo Grove ( "Corporate Authorities ") have the right to make and enforce its own rules and rules for its various commissions, committees and boards and to ensure compliance with those laws, rules, codes and regulations generally applicable to public bodies. Should any Public Official, act in any manner constituting a deliberate violation of this Code or other general laws, rules, codes or regulations, the Corporate Authorities may discipline that Public Official, including but not by way of limitation, by reprimand, public or private. To exercise the rights noted herein and to enforce the provisions of this Code, the Corporate Authorities has the right to investigate, or have investigated, the actions of any Public Official and impose any penalty or sanction, in a manner provided hereunder. ARTICLE II Behavior and conduct of Village Public Officials will be guided by the following Canons: CANON 1 Acting in the Public Interest The public interest must be a primary concern of Public Officials working for the common good of the residents of the Village and not for any private or personal interest. CANON 2 Compliance with the Law Public Officials shall, comply with the statutes of the State of Illinois and Village ordinances in the performance of their public duties. These laws include, but are not limited to: conflicts of interest, election campaigns, financial disclosure, purchasing, employer responsibilities, and open process for government. CANON 3 Conduct of Public Officials Public Officials shall refrain from abusive conduct, personal charges or verbal attacks, direct or inferred attacks, or implied attacks upon the character or motives of other Public Officials, Village staff or the public. Public Officials and Village staff who are belligerent, impertinent, slanderous, threatening, and abusive or who engage in personal or disparaging attacks on other Public Officials or Village staff denigrate the governance process and preclude effective discussions and the successful resolution of issues. CANON 4 Respect for Process Public Officials' duties shall be performed in accordance with and respect for the processes and rules of order established by the Village. 2 CANON 5 Conduct of Public Meetings Public Officials shall inform themselves of public issues, listen attentively to public discussions before them and focus on the business at hand. Decisions shall be based upon the merits and substance of the matter at hand. CANON 6 Communication It will be the responsibility of all Public Officials to publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision- making process with all other members of their respective Boards, Commissions or Committees. CANON 7 Confidential Information Public Officials and Village staff shall respect the confidentiality of information provided to them concerning the confidential matters of the Village. They shall never disclose confidential information without proper authorization nor use such information to advance a personal, financial or private interest. Public Officials shall not release information subject to attorney- client privilege, unless expressly authorized by the Corporate Authorities or as required by law. CANON 8 Advocacy To the best of their ability, Public Officials shall (i) represent the official policies and positions of the Corporate Authorities and (ii) shall support and defend the ordinances of the Village. When presenting their personal opinions or positions, Public Officials shall explicitly state that they do not represent the Corporate Authorities or the Village. CANON 9 Improper Influence Public Officials shall refrain from using their position to improperly influence the deliberations or decisions of Village staff, and boards, commissions or committees of the Village. CANON 10 Positive Work Environment Public Officials shall support the maintenance of a positive and constructive environment for residents, businesses and Village employees. 3 CANON 11 Personal Opinion Public Officials have a right to individual opinions, which should be respected. The assumption is that all Public Officials have the appropriate motives and interest of the public in mind and will not criticize differing opinions because they believe them to be lacking judgment or were improperly motivated. CANON 12 Being Accountable Public Officials and Village staff shall be accountable to the public for their decisions and actions and as such, must consider all issues and actions on their merit, taking into account the views of others and the results that are expected from their actions. CANON 13 Respect and Cooperation The governance of the Village relies upon the cooperative efforts of the entire Corporate Authorities, who set policy, and the Village staff, who .implement and administer the Corporate Authorities' policies and directives. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the Village, its residents and businesses. The Village staff has been directed to serve the Corporate Authorities as a whole, and therefore: 13.1 A member of the Corporate Authorities shall not direct Village staff to initiate any action, change a course of action or prepare any report, nor shall a member of the Corporate Authorities initiate any project or study without the approval of a majority of the Corporate Authorities. The Corporate Authorities may direct routine inquiries, or requests for information, to either the Village Manager or appropriate department/division director, as may be directed by the Village Manager. 13.2 The Corporate Authorities shall not attempt to pressure or influence discussions, recommendations, workloads, schedules or department /divisions priorities without the approval of a majority of the Corporate Authorities. 13.3 When preparing for any meeting of the Corporate Authorities, members should, to the greatest extent possible, direct questions ahead of time to the Village Manager, or designee, so that staff can provide the desired information at the Corporate Authorities meeting. 13.4 Any concerns of any member of the Corporate Authorities regarding the behavior or work of a Village employee should be directed to the Village Manager privately to ensure the concern is resolved. Members of the Corporate Authorities shall not reprimand employees directly nor should they communicate their concerns to anyone other than the Village Manager. 13.5 Information that is provided to a member of the Corporate Authorities in response to a request will be made available to all members of the Corporate Authorities so 4 that all have equal access to such information. Care must be taken in the sharing and discussion of information so as to not violate the Illinois Open Meetings Act. CANON 14 CONDUCT DURING MEETINGS During public meetings, the public is to feel welcome as an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of any Public Official toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. 14.1 Be welcoming to speakers and treat them with care and respect. 14.2 Be fair and equitable in allocating public hearing time to individual speakers. 14.3 Ask for clarification, but avoid debate and argument with the public. It is proper for only the Chair, to interrupt a speaker during a presentation. However, a Public Official can ask the Chair for a point of order if a speaker is off topic or exhibiting behavior or language that is deemed offensive or disturbing. Questions should be for the purpose of clarification or to expand information and should not be intended to challenge or belittle a speaker. 14.4 Make no promises on behalf of the Village. While it will always be appropriate to give an overview of Village policy and to refer the matter to the Village for further information, it is inappropriate to overtly or implicitly promise Village action, as well as staff action, to undertake a specific matter. The only exception is if a representation or promise has been duly authorized by the Corporate Authorities. 14.5 While it is acceptable to publicly disagree about an issue, it is unacceptable to make derogatory comments about other Public Officials, their opinions or actions, within any venue. 14.6 When making public comments or statements, Public Officials shall make it clear whether they are authorized to speak on behalf of the Village or the Corporate Authorities or whether they are presenting their own views. 14.7 If a member of the Corporate Authorities appears before another governmental agency or other entity to give a statement on an issue affecting the Village or its citizens, the member should indicate the majority position and opinion of the entire Corporate Authorities. 14.8 Personal opinions and comments will only be expressed if the elected or appointed official clarifies that such statements do not reflect the official position of the Corporate Authorities. 14.9 The Corporate Authorities are the policy making body of the Village. The Corporate Authorities speaks on policies and issues with one voice or not at all. While matters of opinion and debate are to be encouraged and respected, and while decisions of the Corporate Authorities may not be unanimous, once voted upon they should and will define the position of the Corporate Authorities. Village correspondence will reflect the Corporate Authorities adopted position, without regard to vote. 5 0 0 14.10 Members of the Corporate Authorities shall refrain from openly sending or receiving text messages during meetings of the Village Board. In addition, cells phones and similar devices shall be kept on "silent" and off the dais so as to not be distractive to both the public and Corporate Authority. 14.11 The passing of notes to or the receiving of notes from, the audience who are attending Village Board meetings is distracting and must be discouraged. However, the passing of notes between members of the Corporate Authorities absolutely necessary in the conduct of business can be undertaken but should only occur if absolutely necessary. CANON 15 INTERACTION WITH STAFF The Village of Buffalo Grove operates under the council - manager form of government as set forth in the Village's Municipal Code as well as State statute. Under this form of government, the Corporate Authorities provide legislative direction, set Village policy and monitor its execution by Village staff. The Village Manager serves as the Village's chief administrative officer and is responsible for directing the day -to -day operations of the Village. The Corporate Authorities shall: 15.1 Not interfere with the Village Manager's execution of his or her powers or duties, as they have been assigned by the Corporate Authorities. 15.2. Not interfere with the appointment by the Village Manager of any of the department or division directors or any other person to any position of employment with the Village; however, this is not intended to preclude the Village Manager from discussing: employment decisions with the Corporate Authorities. 15.3 Address matters related to community delivered services only to the Village Manager unless, for purposes of efficiency and effectiveness, the Village Manager suggests that such questions or comments be directed to the appropriate department or division director. In all cases, the Village Manager will follow up for purposes of accountability. 15.4 Not give orders to any subordinate of the Village Manager, either publicly or privately. 15.5 Direct the Village Manager acting as a body, not as individual members, unless directed by a majority of the Corporate Authorities. 15.6 Once a project or program has been approved for implementation, not interfere with or direct the Village Manager's method of carrying out the decision, even if the project or program was conceived and initiated by an individual member of the Corporate Authorities, unless requested by the Village Manager or staff. 15.7 Allow the freedom and discretion necessary for the Village Manager to responsibly ensure the implementation of the Corporate Authorities decisions and directions in an efficient and effective manner. C CANON 16 - RESPECT AND INTEGRITY Public Officials must act with a spirit of public service to the residents and businesses of the community with standards of conduct and integrity in all actions. Conduct and behavior must be fair, impartial, responsible and trustworthy so as to advance the common good for the Village. Accordingly, Public Officials must: 16:1 Treat everyone fairly and with respect. 16.2 Be professional and responsive. 16.3 Work to make public services accessible and effective. 16.4 Strive to make a difference to the well -being of the Village of Buffalo Grove and all its residents and business owners /operators. 16.5 Be dedicated to the highest ideals of honor and integrity in all public and personal relationships so as to merit respect and confidence. 16.6 Make decisions in a fair, objective manner, in public and understandable. 16.7 Maintain the political climate: that is required to enable us to work in a collaborative way with all stakeholders. 16.8 Carry out the functions of the Village, unaffected by any personal beliefs. 16.9 Support the Village so as to provide for dynamic and unbiased advice and information. 16.10 Respect the proper and appropriate authorities that affect Village operations. 16.11 Recognize that the chief function of local government at all times is to serve the best interests of all people. 16.12 Support the right of every citizen to full and equal participation in the Village's democratic processes. 16.13 Act lawfully and objectively. 16.14 Use the Village's resources carefully and only for intended purposes, avoiding waste and abuse. 16.15 Treat information with care and use it only for proper purposes. 16.16 Work to improve the performance and efficiency of the Village as we undertake day -to -day operations. 16.17 Be honest. 16.18 Ensure our actions are not affected by our personal interests or relationships. 16.19 Never misuse our positions for personal gain. 16.20 Never allow ourselves to be placed under any obligation or perceived influence. 16.21 Avoid any activities, work or non -work that may harm the reputation of the Village of Buffalo Grove. 16.22 Show respect for other Public Officials and Village staff. 16.23 Refrain from acting in a manner that would constitute a disturbance at any meeting. 7 CANON 17 MEETING PROCEDURES Meetings of the Corporate Authorities and appointed Village commissions and committees are governed by Chapters 2.02 and 2.03 of the Village's Municipal Code and State statutes. In addition to the Village's Municipal Code and State statutes, the following are to supplement established meeting procedures: 17.1 Members of the Corporate Authorities shall address all questions and comments to the Village President upon recognition by the Village President. Only the Village President, not individual members of the Corporate Authorities, may interrupt a speaker during a presentation. However, a member of the Corporate Authorities may ask the Village President for permission to question the speaker. 17.2 The Village President will maintain order during all meetings of the Corporate Authorities. This may include, but not be limited to, indication that a comment is out of order or that further inappropriate comments may be dealt with within the authority granted to the Village President. 17.3 Members of the Corporate Authorities shall assist the Village President to preserve decorum during meetings of the Corporate Authorities and shall not, by conversation or other action, delay or interrupt the proceedings or refuse to follow the directions of the Village President. Members of staff attending Corporate Authorities meetings shall observe the same rules of procedure, decorum and good conduct as applicable to the Corporate Authorities. s