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2010-09° RESOLUTION NO. 2010-09 RESOLUTION RELATING TO LACK OF AUTHORITY OF TRUSTEE LISA STONE TO SPEAK IN BEHALF OF THE VILLAGE CORPORATE AUTHORITIES RELATING TO LAND AND LAKES AND ANY ISSUES THERETO Whereas the Corporate Authorities 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 Lisa Stone, as Trustee is an affirmative obligation to conduct herself in accord with the scope and limitations of office; and Whereas Resolution 2009 -50 was adopted by the Village of Buffalo Grove Corporate Authorities on December14,2010 establishing a Code of Conduct and Behavior for Village elected officials; and Whereas Canon 14 of the Code provides in Section 14.6 that when making public comments, Public officials shall make it clear whether they are authorized to speak on behalf of the Village or corporate authorities or whether they are presenting their .own views; and Whereas Canon 14 of the Code provides in Section 14.7 that 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 ;and Whereas Canon 14 of the Code provides in Section 14.8 Personal opinions and comment will only be expressed if the elected official clarifies that such statements do not reflect the official opinion of the Corporate Authorities; and Whereas Canon 14 of the Code provides in Section 14.9 that the Corporate Authorities are the policy making body of the village. The Corporate Authorities speak on policies and issues with one voice or not at all; and Whereas Canon 15 of the Code provides in Section 15.3 that matters related to the community delivered services are to be addressed only to the Village manager; and Whereas Canon 15 of the Code provides in Section 15.4 orders are not to be given to any subordinate of the Village Manager either publicly or privately; and Whereas Trustee Lisa Stone has spoken out on and made complaints about Land and Lakes, a business in the community to various public bodies and public officials and other persons and has sent emails expressing her concerns, opinions and accusations to many persons including widespread distribution to staff members of the village ;and Whereas she specifically sent out a mass email to which she attached a YouTube video in which she is identified as Trustee Lisa Stone expressing such matters without making clear that these are her own opinions; and Whereas in so asserting or advocating positions to outside parties contrary to the Code of Conduct without proper disclaimers Trustee Stone has violated the Code of Conduct and Behavior and not made clear that her positions are not positions of the Village of Buffalo Grove Corporate Authorities; and Whereas in so asserting or advocating positions to outside parties, Trustee Stone may have created confusion about the facts surrounding Land and Lakes or has implied or suggested or made statements or accusations that are not based in fact or which have not been reviewed or approved by the Corporate Authorities; and ,Whereas it is the intent of the Village Board to promulgate this resolution to reprimand Trustee Stone and make clear that she has no authority to speak on Land and Lakes and related issues in behalf of the Village Corporate Authorities. Now, therefore be it resolved by the President and Board of trustees of the Village of: Buffalo Grove, Cook and Lake counties as follows: Section 1. As trustee, Lisa Stone's conduct in asserting advocating or advancing any positions relating to Land and Lakes and the Land and Lakes operation under color of claimed authority of her elected office without consent of the Village Board does not meet the standard for proper promulgation of Village Policy, and her ulta vires acts and statements with regard to Land and Lakes and its operation in our community are neither countenanced, condoned nor ratified by the Village Board. Section 2. The Village Board hereby reprimands Trustee Lisa Stone for her actions in making statements and assertions without full compliance with the Code of Behavior and Conduct of the Village. Section 3. The Village Board does not authorize or consent to any previous or further assertion, advocacy, statement, or representation by Lisa Stone as Trustee relating to Land and Lakes and its operation and any related matters without prior notification and express consent of the Village Board regarding Land and Lakes and its operation and any related matters. Section 4.Trustee Lisa Stone is reminded of her obligation to fully comply with the Village Code of Behavior and Conduct and the terms of this resolution. �: Approved and adopted upon affirmative vote by the Board of Trustees of the Village of Buffalo Grove on this 8th day of March 2010. AYES: 5 - Braiman, Glover, Berman, Trilling, Sussman NAYES: 0 - None ABSTAIN: 1 - Stone ABSENT: 0 - None PASSED: March 8 , 2010 APPROVED: March 8 , 2010 ATTEST: Villag Clerk 3 Approved: Ole Village President