HomeMy WebLinkAboutMinutes 1989MINUTES
BOARD OF ETHICS
Meeting of April 27, 1989
Members Present: Dona Gerson, David Saunders, Joyce Schrager, Robert Shonk
Members Absent: Bruce Hopple
Presiding Official: Dona Gerson, Chair
Staff Present: Joel M. Asprooth, City Manager
Summary of Action:
The Chair called the meeting to order at 7:40 p.m. in the Aldermanic Library of
the Civic Center.
Minutes - The Board reviewed the draft minutes of the meeting of March 2, 1989.
Ms. Schrager moved, seconded by Mr. Saunders, to approve the minutes as
submitted. Upon call for a voice vote - all ayes.
Request from the Rules Committee for Further Revision to the Proposed Code of
Ethics Amendment - The Chair called the attention of the Board to a memorandum
she had sent to the Board dated April 19, 1989 concerning the reaction of the
Rules Committee to the Report of the Board of Ethics concerning a comprehensive
revision to the Code. She also noted that a legal opinion had been provided
concerning certain questions raised and suggestions made during the discussion
with the Rules Committee.
The Chair noted that the Committee had suggested that the Code of Ethics be
modified further to provide that nothing in the Code should be construed to
preclude an elected official, who is an attorney, from representing a party in a
quasi -criminal or criminal proceeding against the City in the Circuit Court of
Cook County. The Chair noted that Corporation Counsel had :_ted an Illinois
Supreme Court Case, as well as the Code of Professional Respersibility of the
Legal Profession, in recommending against the suggested amentmerz. After some
discussion, Ms. Schraaer *Waved, seconded by Mr. Shonk, to cony,-._ the Opinion
of Corporation Counsel and not to recommend the amendment as s.:ogested. Uoon
call for a voice vote - all ayes.
The Chair again called the attention of the Board to her memora-7-im of April 19,
noting that the Rules Committee had also requested that a seoa:ste ordinance be
prepared relating to the Board of Trustees and the electe-_ _fficials of the
Township, under which a provision would be incoroorated into Approar,at_:n
Ordinance for the Townsnip that no funds would be prov;:�_- unless t~ese
officials subscribed to the Code of Ethics. The Chair nctec � ct Ccraorat_on
Counsel had determined that the Township Board of Trustees was hi:ncut authority
to promulgate a Code of Ethics which would apply to the Tow -snip Supervisor,
Collector, and Assessor, or their employees.
After some discussion, the Board agreed to postpone th_s issue to the 'gay
meeting.
Board of Ethics
Meeting of 4/27/89 -2-
Review of Financial Disclosure Forms - The Board reviewed a number of Financial
Disclosure Forms, filed by elected and appointed officials of the City of
Evanston for 1989. Certain of those were identified as incomplete, and staff was
directed to return them to the official for further information.
Other Matters - Staff noted that an inquiry had been received from a recently
elected Alderman, asking whether her membership on the Board of Directors of Koep
Evanston Beautiful (which receives a small amount of funding from the City of
Evanston each year) was a conflict with her Aldermanic office. After some
discussion, the Board agreed that there was no conflict of interest involved in
these two offices, but that the Alderman should abstain on any vote concerning an
allocation to Keep Evanston Beautiful.
Staff also noted that, in discussion at the first meeting of the Mayoral Task
Force on the Commonwealth Edison electric franchise renewal, three members of the
Task Force indicated that they personally, their spouse, or trusts to which they
were beneficiaries and of which they were in control, held stock in the
Commonwealth Edison Company. Staff reported that the members of the Task Force
had been asked to complete the Financial Disclosure and Affiliation Statement,
and asked whether there was any reason for the Board to review this matter.
All members of the Board agreed that this matter presented a serious question for
review by the Board. Mr. Saunders noted that the Evanston electric franchise is
material to the Commonwealth Edison Company, in and of itself and in terms of the
precedent it establishes for other such municipal franchises. He indicated that
the ownership of stock in Commonwealth Edison by members of this Task Force,
which was to advise the City on strategies and courses of action in negotiating a
new franchise agreement, could present a serious conflict of interest.
After some discussion with the staff, the Chair noted that there were varying
degrees of stock ownership among these members of the Task Force, and wondered
whether the ownership of one or two shares was to be considered of equal weight
as someone who owned several thousand dollars worth of stock, Mr. Saunders
suggested that it is difficult 4o draw the line between the ownership of one
share and multiDle shares of stock. After some additional discussion, the Board
agreed to hold this issue for further discussion at the May meeting when all
members were present and when Disclosure Forms from members of the Task Force
were available.
Mr. Saunders, noting that this was the last meeting at which Dona Gerson would
hold a position on the Board of Ethics, made a motion ty which the Board
commended Dona Gerson for her long and faithful service to t-e ?earc of Et-:cs
and to the City of Evanston, and expressed appreciation f-. "e7 cautious and
enlightened guidance, her patience, and her wisdom in aoc_ess:ng the !ss..es
brought before the Board. Ms. Schrager seconded the mot: and the Ec:,rd
adopted the motion by acclamation.
There being no further business, the Board adjourned at 9:20 p.m. The next
meeting of the Board of Ethics is scheduled for May 18, 1989.
RespVy
ly submitted,
MIanaaer
DRAFT - Not Approved
MINUTES
BOARD OF ETHICS
Meeting of July 18, 1989
Members Present: Bruce Hopple, Eleanor Revelle, David Saunders, Robert Shonk
Members Absent: Joyce Schrager
Presiding Official: David Saunders, Chair
Staff Present: Joel M. Asprooth, City Manager
Summary of Action:
The Chair called the meeting of the Board of Ethics to order at 7:40 P.M.
Minutes - The Board reviewed and approved by unanimous vote the minutes of the
July 6, 1989 meeting as submitted.
Reference to Consider Application of Ethics Ordinance to Polltzcal Campaigns -
The Chair noted that this was a reference resulting from discussion at the Rules
Committee meeting following the Board's previous action on the request from
former Alderman Summers. The Chair suggested that the Board pass on this item
and hold it for the next Agenda. The Board agreed.
Reference to Consider Revision of Financial Disclosure Statement to Require
Disclosure of Relatives Living Outside the Respondent's Hcme 'Who Have Dealinqs
with the City - The Chair requested that this matter ne held for a later
meeting, and the Board agreed.
Request for Advisory Opinions - Ms. Revelle moved, seconced 5y Mr. Hopple, to
adjourn to executive session for the purpose of consideration of matters of
professional ethics or performance. Upon call for a voice vote - all ayes. The
Board adjourned to executive session at 7:45 p.m.
The Board reconvened in public session at 9:50 p.m.
Review of Financial Disclosure 8 Affiliation Statements - '-�e Board reviewed a
number of such Statements, submitted by members of =_cvisory Boards and
Commissions.
Other Matters - The Board agreed to adjust the Auaus= meeting schedule to
establish a meeting on August 3, 1989 and a meeting or - ;Ls. 24. 1989, aith
August 23 as an alternative date.
The Board of Ethics adjourned at 10:10 p.m.
RespeFt7Nlly s:tm.tteo
City Manec�r
JMA:ct
MINUTES Draft - Not Approved
BOARD OF ETHICS
Meeting of August 3, 1989
Members Present: Bruce Hopple, Eleanor Revelle, David Saunders, Robert Shonk
Members Absent: Joyce Schrager
Also Present: Aldermen Brady, Paden, and Warshaw
Presiding Official: David Saunders, Chair
Staff Present: Joel M. Asprooth, City Manager
Summary of Action:
The Chair called the meeting of the Board of Ethics to order at 7:35 P.M.
Minutes - The Board reviewed and approved by unanimous vote the minutes of the
meeting of July 18, 1989, as submitted.
Request for Advisory Opinions - The Chair noted that, at the invitation of the
Board, Alderman Brady was present that evening to discuss her request for an
advisory opinion from the Board of Ethics. In response to a question from the
Chair, Alderman Brady stated that she had no objection to the discussion of her
request being conducted in public session under which circumstances the Chair
noted that the normal practice of conducting such discussion in executive session
would be waived.
The Chair noted that Alderman Brady's request for an advisory opinion involved
her relationship with persons on the staff and Board of Directors of Evanston
Hospital, and the potential conflict or interest that those relationships
presented for her as an Alderman. He asked the Alderman to explain her
relationships. Alderman Brady explained that her brother, :j`)o is a psychiatrist,
is a Director of the Alcohol & Substance Abuse Unit at Evanston Hospital. She
noted that he is one of nineteen doctors permitted, under the Evanston Zoning
Ordinance, C I)ave CFf ice soac" 7.7d see ; *C pCt icnl = '_`'n Hasoi tar . She
noted that orovision of the Ordinance had recently been the nub7ect of a petition
for a Zonino Ordinance amendment by the Hospital, and that sne ha❑ abstained when
the recommendation in that matter came to the Council from -ne Zoning Amendment
Committee. She noted that she intended to continue to aostain on any zoning
question involving the Ordinance provisions pertaining to acctors seeing o,ivate
patients ,n Evanston Hospital- offices.
Alderman 5rjc, also noted ..hat ner sister-_- :'.j c ail: __ C at
Evanston Hospital and, as such, is a mender ❑t tale 13ca f O,re==c: She
stated her concern that, if a relationship as distant as ^,'s s,steT-In-law was
going to be considered in determining whether a conflict interest existed,
then the Board might also have to take into consideration r=•lationships oetween
elected and appointed officials of the City and aunts, u*•c,es, and ev, more
distant relatives. She also questioned whether her relat,:nsnlp to her "other
or her sister-in-law created a conflict of interest for Infrequent minor issues
or issues of less sensitivity which came to the Counc,: involving Evanston
Hospital.
'Board of Ethics
Meeting of 8/3/89 -2-
In that connection, she cited such things as tent permits or the relatively non-
controversial hospital use permit granted for the construction of the Maternal &
Child Health Center at Evanston Hospital. She stated that she found it hard to
believe that she should abstain on such issues, given that her relationship to an
Evanston Hospital Board Member is a relationship to a sister-in-law. She asked
whether, if her sister-in-law was not an the Board, her brother's position as a
doctor and director of a Hospital unit would prevent her from voting on such
things as a tent permit.
The Chair noted that Evanston Hospital was a not -for -profit corporation, and
that financial involvement by any Board Member in the Hospital affairs was
indirect at best. There was general discussion among the Board members
regarding this request. The Chair noted that the Board could discuss and render
a decision now or discuss the matter later. After further discussion, the Board
agreed to render a decision on this request for an advisory opinion at a later
date. At that point Alderman Brady left the Board meeting.
The Chair then noted that Alderman Paden was present for the discussion of a
request for an advisory opinion from Mr. Clarence Elliott involving the
Alderman. The Chair first apologized to the Alderman for the fact that she had
not received a complete copy of the request for an advisory opinion in this
matter due to a clerical error. He then advised the Board that the Board should
consider whether this matter was appropriately discussed in executive session.
He stated he believed that the Board could discuss the matter in public, contrary
to the normal practice, if the Alderman who was the subject of the request made
such a request herself.
Alderman Rainey arrived at the meeting at 7:55 p.m.
There was a general discussion among the Board members regarding the question.
The Chair asked Alderman Paden whether she had any objection to the discussion
being conducted in public session. She stated she did not. There was a general
discussion among the Chair and Aldermen present regarding the inclusion of
Aldermen in executive session conducted by an advisory boars cr commission. The
Chair noted that a _enal c _on in this matter 'lad previ-ol . tec^ o+otained.
The Chair then asked for a notion to go into executive sessicr for the purpose of
discussing a request for an advisory opinion. There was nc such —otion, so the
Board•,remained an public session. The Chair then noted t`iat he !gad received a
request. for an advisory opinion from Mr. Clarence Elliott, Datec July 18, 101B9,
in which IMr. El'_lott stated his desire to file a complaint c a_nst �lcerman Betty
Burns paaen "7cr her _nterference .with my nusaness cn `eel
demcnst_,.te ,. nreec'i or '.miss on her part."
The Chair notes that, while the letter referred to a set of af:�_avats, ,hose
affidavits were not attached to the original letter, but we__e later prov!ced by
Mr. Elliott's attorney. Mr. Saunders circulated copies c-- t7ose affidavits at
the meetinq that evenina.
Mr. Shonk noted that neither Mr. Elliott nor his attar^e-' are officers or
employees of the City, and asked whether that affected t'-eir stancing to firing
such a complaint or request. The Chair noted that it did n-t, :,nc - _t the Scard
"_-cness tc ccns_r e. an. c'_' - ^T- --- - fir {1ht
before it. He stated that the issue is 'whether the alle�:a"_cr this letter
would constitute a violation of the Ethics Ordinance, if it ::ere pr ven true.
Board of Ethics
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III I �"'R '�'�' �q� Ili III �I Ilgll � 1 III P III �� �� � � I I 91
Board of Ethics -3-
Meeting of 8/3/B9
Mr. Hopple asked whether the attorney for Mr. Elliott had provided any additional
information than what was contained in Mr. Elliott's letter. Mr. Saunders stated
that the attorney started to provide additional information, but that Mr.
Saunders told him that he would be asked to provide any additional information if
the Board of Ethics determined that this matter as within the jurisdiction of the
Board and covered by the Code of Ethics. Ms. Revelle stated that she read Mr.
Elliott's letter to construe the term "ethics" in a very broad sense, as opposed
to the narrower application of that term in the Evanston Code of Ethics. She
asked why this matter should be considered to be within the jurisdiction of the
Board of Ethics since it appeared to her to be parallel to a request received
previously by the Board involving campaign practices, in which case the person
requesting the opinion was applying the term "ethics" in a much broader sense
than does the Evanston Code of Ethics.
Mr. Hopple and Mr. Shonk troth stated that they were unclear as to what the
grievance of Mr. Elliott was since neither his letter nor the attached affidavits
were informative. The Chair noted that he had read the affidavits, and that it
appeared that Mr. Elliott was alleging that the Alderman had prepared certain
affidavits which were signed by people who he suggested were misled by the
Alderman, and that the execution of those affidavits affected Mr. Elliott's
application for relocation assistance associated with his move from the
N.U./Evanston Research Park. He stated that, even if the Board were to assume
that the alleged interference with Mr. Elliott's business was true, and that
everything thattheAlderman is alleged to have done was true, he still could
find no violation of the Code of Ethics.
Mr, Hopple asked whether Mr, Elliott was denied relocation benefits. The
Aldermen present advised the Board that Mr. Elliott eventually received all
relocation benefits for which he had applied. Mr. Saunders then suggested that
the Board, for the purposes of discussion, assume that Mr. Ellictt was denied his
benefits, and then consider, even under those circumstances, ~nether there was a
violation of the Code of Ethics. Mr. Hopple noted that _�.ernan Paden had
notarized certain affidavits, and wondered whether the ?-erd should ask Mr.
Elliott or his attorney to make specific citations of the :uce of Ethics and
alleging a violation. The Chair askeo i'•1r. Hopple wnicn ci_a_iDns mignt be 'jade
from the Code in this case. Mr. Hopple responded that, f.: example, if the
Alderman was compensated for the preparation of aff,_davi: :here coulc be a
question of incompatible employment. He also suggested that i_ -,ioht be possible
that there was a question of abuse of the power of aublic _-`ice or a lack of
impartiality in this matter. He suggested that the Soar c - ,, to ci.. e ►•1r.
Elliott a chance to come oefore the Board and say his p:e.' _ is nc'===•
Alderman Paden .:skec the _carc to advise ner as to
might apply in this matter. Mr. Hopple stated that true coulc be
specific at this time, not knowing in detail what the clan f._s, Alderman =aden
asked whether the Board was not bound to deal only with the `t__s as cresen;.e� in
the letter from Mr. Elliott. Alderman Warshaw asked whether :-e Board woulz not
routinely expect the complainant or his/her attorney to cite ewecific violations
from the Code rather than have to attempt to determine whicn __::ions of the Code
might apply.
Board of Ethics
Meeting of 8/3/89 -4-
The Chair noted that the Board would always hope that such citations would be
made by a complainant but can't always expect every complainant to get an
attorney, or to otherwise understand the Code in such detail. He stated,
however, that, based on what he saw in this complaint, he could not determine
that there was any application of the Code of Ethics in this matter. He stated,
however, that he would be willing to go back to Mr. Elliott and tell him that, if
he had other information to raise with the Board, he was welcome to do so. All
the other members of the Board agreed with this statement.
Alderman Rainey then provided the Board with some historical information on Mr.
Elliott's claim for relocation assistance. She noted that the City Council's
Relocation Committee was initially split on this matter, but expressed the
opinion that those who read all the materials and information made available to
the Committee would agree that Mr. Elliott was not deserving of any relocation
assistance. However, she noted that he eventually received everything he had
asked for. Both Alderman Rainey and Alderman Warshaw expressed surprise that Mr.
Elliott's attorney would raise such a complaint as that contained in Mr.
Elliott's letter, and questioned the motivation of Mr. Elliott and his attorney
in this matter. Alderman Rainey also expressed concern that the stationery of
Mr. Saunders law firm had been used in transmitting the complaint to Alderman
Paden. She expressed concern that this gave the impression that there was a
private law firm involved in the matter, and that such impression was
inappropriate. The Chair expressed his apology for doing so, and explained again
that his intent was to get the material to her as quickly as possible. Alderman
Warshaw and Rainey also expressed concern that the address ..jhich appeared on Mr.
Elliott's letter was the same address at which (he had contended) he was not
living at the time his eligibility for relocation assistance was determined.
They suggested that this matter needed to be investigated further, and agreed
with the Chair that such an investigation was appropriate for another committee
or another forum.
After some additional discussion, the Chair asked for a notion regarding the
disposition of the Clarence Elliott complaint. Mr. Hopple made a motion that the
Board respond to Mr. Elliott acknowledging receipt of his complaint, explaining
that it had been r evie.-ied, and canc:Lf, i-g that, based . D37 hE-nfDrmation he
provided, they satin no item that came within the jurisdiction of the Board of
Ethics. Mr. Hopple suggested that the letter also include a statement that, if
Mr. Elliott or his attorney had further information to prcv_Ce, he was welcome to
do so. Ms. Revelle secondeo this motion. Upon call for a voice vote: all eyes.
The Chair asked the staff to prepare this letter and circulate -t to the Board
before the next meeting. The Board also discussed the =ficentlality cf Mr.
Ellint 's :ecL�est. It was agreed that, s,.rce t,7e C±scuss-_ - ---is mat_ _ :ras
connected _--ublic session, the response ,•could also be ^ac=_ =
There was some discussion regarding other matters perta-r:.rc to Alderman Paden
that had been raised previously. After some discussion itr. the City staff, it
was agreed that the matter previously raised conce_^-ng the potential
participation of Alderman Paden or her relative in the facace rebate program was
not an Ethics Code issue, and was withdrawn. It was noted t there was another
matter referre❑ to the Board in which Alderman Paden raz 8n• interest, and
Alderman Paden agreed to attend a subsequent meeting.
Board of Ethics
Meeting of 8/3/89
-5-
Finally, the Board agreed to cancel the meeting scheduled for August 24, 1989
and to conduct a special meeting at 7:30 A.M. on August 9, 1989 to review the
draft letter to Mr. Elliott.
The Board of Ethics adjourned to executive session at 8:55 p.m. upon motion by
Mr. Hopple, seconded by Ms. Revelle, to discuss the matter of professional ethics
or performance.
The Board reconvened in public session at 9:10 p.m. Mr. Saunders noted that,
since the Board had not taken any action in executive session, there would be no
action required in public session on the matter discussed.
Mr. Saunders asked if it was the view of the Board of Ethics that all matters
involving a request for an advisory opinion should be handled in executive
session initially, or whether the Board felt that such a requirement could be
waived. Mr. Hopple stated his opinion that, if such executive session were not
required by statute, then the question would be what the Board of Ethics Rules
and Procedures required. He noted that Section 5 of the Rules and Procedures
require that the Board maintain a request for advisory opinion in confidence
until the opinion is rendered or until the Board determines that it need no
longer be kept in confidence. Mr. Hopple asked whether the Board of Ethics could
exclude a parson from executive session who is the subject. of Board
deliberations. It was agreed that this was a matter to be addressed to
Corporation Counsel.
Upon the motion of Mr. Hopple, seconded by his. Revelle, the Board of Ethics
adjourned to executive session at 9:58 p.m. to discuss a matter of professional
ethics and performance. The Board reconvened in public session at 10:24 p.m.
The Board of Ethics adjourned at 10:25 p.m.
Resp f ly submitted,
Joel . Asproo h
City Manager
JMA:ct
DRAFT - Not Approved
MINUTES
BOARD OF ETHICS
Meeting of August 9, 1989
Members Present: Bruce Hopple, David Saunders, Robert Shonk
Members Absent: Eleanor Revelle, Joyce Schrager
Presiding Official: David Saunders, Chair
Summary of Action:
The Chair called the meeting of the Board of Ethics to order at 7:30 A.M.
The Board met to review and approve the draft of the written response to the
complaint filed by Mr. Clarence Elliott against Alderman Betty Burns Paden.
The response was prepared by the Chair, David Saunders.
The Chair announced that Ms. Revelle had recommended to him that �-^e sentence
in the response reading "We find nothing in those materials "nigh would
suggest that this matter falls within the scope of the Code of Ethics" be
changed to read "We concluded that the issues that you raised C:) not fall
within the scope of the Code of Ethics." After discussion, the Bcz-ra members
present unanimously agreed to this change.
The members further reviewed the response. Mr. Hopple sugges_ec ~nat the
letter response to Mr. Elliott should show that a copy was being sent to Mr.
Elliott's attorney, Mr. Steven J. Bernstein. It was also sugces-z-:: that the
letter should show that a copy was sent to Alderman Paden. further
discussion, the Board members present unanimously agreed to these changes.
The Chair called for further discussion or comments on the let'�_r. Hearing
none, he called for action. Mr. Shonk moved that the written resconse, as
changed to substitute the sentence provided by his. Revelle anc show the
distribution of copies Lo sir. Bernstein and alderman Paden, Uc _.:,rived for
issuance. The motion was seconded by Mr. Hopple and unan-mous:, _Do:oved by
the members present.
There being no further business to consider, the meeting was a _'.rned at
7:50 A.M.
Ro�7 G
Finance Director
RAS:ct
cc: Joel M. Asprootn
Draft - Not Approved
MINUTES
BOARD OF ETHICS
Meeting of October 12, 1989
Members Present: David Saunders, Bruce Hopple, Eleanor Revelle,
Joyce Schrager, Robert Shank
Members Absent: None
Presiding Official: David Saunders, Chair
Staff Present: Joel M. Asprooth, City Manager
Summary of Action:
The Chair called the meeting to order at 7:35 p.m.
Minutes - It was moved by Ms. Revelle, seconded by Mr. Shonk, to approve the
minutes of the August 3, 1989 meeting, as submitted. Upon call for a voice vote
- all ayes.
It was moved by Mr. Shank, seconded by Mr. Saunders, to approve the minutes of
the August 9, 1989 meeting, as submitted. Upon call for 4 voice vote - all ayes.
The Chair noted that the Board had previously discussed a reference to consider
the application of the Code of Ethics to campaign procedures in local election
campaigns. He noted that the Governor had signed the Illinois Fair Campaign
Practices Act, and stated that the Act would be circulated in advance of the next
meeting so that the Board could discuss it at that time.
Request for Advisory Opinions -- The Chair noted that there gore two
outstanding requests for advisory opinion with which the Board must deal. Those
include the request of Alderman Brady for an advisory opinicn concerning the
application of the Code of Ethics to her in her relations-'-,:. 4 th officers of
Evanston Hospital; and a reference concerning Alderman Paden and her involvement
in matters pertainina to the develoament of the Research Par.. The Chair noted
that, with respect to the latter reference, the next step wo!i-- oe to meet with
Alderman Paden, and the Board identified a number or potential times for a
meeting with Alderman Paden to discuss this reference with her. At that time,
the Board also agreed that there would be no meeting on OctonG_ 19. 1989. Staff
was directed to contact Alderman Paden to attempt to arrange a -'utually agreeable
meeting time.
The Chair then asked the Board to consider again the reiouec" --_ _cerTnarn Brady
for :in Advisory Opinion. In accordance with the Rules anc --_cceCires or the
Board of Ethics and in conformity with the Illinois Open "e_tinas Act, it was
moved by Ms. Schrager, seconded by Ms. Revelle, to convene -n an executive
session to discuss a matter of professional ethics and perf__mance. Upon call
for a voice vote - all ayes. The Board of Ethics convcned intc executive session
at 7:52 p.m. At 8:30 p.m., the Board reconvened in public session.
There being no further matters, the Board of Ethics adjourned a- a.m.
R ect u:!.
JMA:ct Joel . Aspreoth
City Manager
111 9I 11! 1 I '' 1 . 11 M, I I I I 'I it h ' M" , , III i . I I i
Members Present:
Members Absent:
Draft - Not Approved
MINUTES
BOARD OF ETHICS
Meeting of December 21, 1989
Bruce Hopple, Eleanor Revelle, Robert Shank,
David Saunders (arrived 8:06 p.m.)
Joyce Schrager
Presiding Officials: Eleanor Revelle (Acting Chair; David Saunders, Chair)
Staff Present: Joel M. Asprooth, City Manager
Summary of Action:
Ms. Revelle called the meeting to order at 7:40 p.m., noting that Mr. Saunders
had informed her that he would be arriving later.
Minutes - There was a motion by Mr. Hopple, seconded by Mr. Shank, to approve
the minutes of October 12, 1989 as submitted. Upon call for a voice vote - all
ayes.
Fair Campaign Practices Act - Ms. Revelle noted that both former Alderman
Michael Summers and Alderman Lorraine Morton had asked the Board to consider
whether the Code of Ethics should be applied to political campaigns for City
government offices. Ms. Revelle noted further that, following a previous
discussion of this matter, the Chair had circulated to the Committee a copy of
the Illinois Fair Campaign Practices Act, which had recently been signed by the
Governor. Ms. Revelle asked whether the other members of the Board believed that
it was necessary for the Board of Ethics to go further with this matter, beyond
the provisions of the Illinois Fair Campaign Practices Act.
Mr. Hopple stated his opinion that, if there was a local code of conduct needed
to govern political campaigns, it was not the role of the Board of Ethics to make
that determination. He stated his opinion that, if the City Council wished to do
something in this area, the Council members should undertake to do it themselves.
Ms. Revelle stated that Evanston residents with whom she had spoken did not
believe that there was a need at the local level for a code of campaign conduct
in Evanston. She stated she believed that local campaigns were run fairly well,
and she noted that all campaign conduct legislation the Board had found (in
Illinois and elsewhere) was voluntary in nature. She stated that, since Illinois
now had a Statute (which is not mandatory) to govern campaign practices, there
was no need for local legislation. Ms. Revelle did ask, however, what the role
of the City Clerk would be in promulgating this Statute, and staff was directed
to consult with the Clerk in this matter.
Board of Ethics
Meeting of 12/21/89 ,-2-
Mr. Hopple made a motion to respond to former Alderman Summers and Alderman
Morton that the Board of Ethics had examined this matter, and had determined
that, quite clearly, candidates for public office did not come under the purview
of the Board of Ethics as the legislation is presently written. Furthermore, the
Board has examined the question further, and has determined that the State of
Illinois now has a Statute governing local campaign practices. Finally, if the
Council wishes to enact legislation in this matter, it would be appropriate for
the Council to develop that legislation itself. This motion was seconded by Mr.
Shank. Upon call for a voice vote - all ayes.
1990 Meeting Schedule - The Board adopted a meeting schedule for 1990,
designating the third Thursday of each month as the regular meeting date.
Mr. Saunders arrived at 8:06 p.m.
Mr. Hopple moved, seconded by Mr. Shank, to convene in an executive session to
discuss a matter of professional ethics and performance. Upon call for a voice
vote - all ayes. The Board of Ethics then convened into executive session at
8:08 p.m. to discuss requests for advisory opinions. At 9:02 p.m., the Board
reconvened in public session.
It was moved by Mr. Hopple, seconded by Ms. Revelle, that the Board of Ethics
send a letter of advisory opinion in response to the request of Alderman Sue
Brady, explaining that the Board found that the presence of her sister-in-law on
the Board of Directors of Evanston Hospital created a potential personal
interest on her part, and the outcome of issues involving Evanston Hospital
which are presented to the City Council. Furthermore, the Board found that such
personal interest might be perceived as impairing her independence of action or
judgment. While it was the opinion of the Board of Ethics that issues of a
ministerial nature may not require her abstention from discussion and voting, the
Board advised that she abstain from all discussion of her vote taken on matters
of a more substantive nature.
Upon call for a voice vote - all ayes.
There being no further business, the Board of Ethics adjourned at 9:04 p.m.
Res lly suomiwted,
Joel . Asprootn
City Manager
JMA:ct