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HomeMy WebLinkAboutMinutes 1987Minutes of the Board of Ethics February 24, 1987 fleeting Members Present: Dona Gerson, David Saunders, .Joyce Schrager, Robert Shonk Also Present: Member Designee - Bruce Ilopple Staff Present: Thomas R. Carlson, Deputy City Manager Presiding Dfficial: Dona Gerson, Chairperson Summary of Action: The meeting was called to order at 7:35 P.M., Aldermanic Library, Civic Center. Appointment of Chairperson: It was announced that Mayor Barr had appointed Dona Gerson as Chairperson for the Board of Ethics. This action was announced to the City Council on the evening of February 9, 1987. Appointment of New Member: flayor Barr completed the appointment of Bruce T. Ilopple as a member to the Board of Ethics. Due to a previous commitment, Mr. Ilopple could not remain at the meeting and while he was introduced to all members, additional information will be forwarded to him. Upon the completion of the Financial Disclosure and Affiliation Statement, fir. Ilopple ►•gill then become fully -seated as a member of the Board of Ethics. Minutes: The minutes of the October 14, 1986 meeting were reviewed and in a motion by Schrager, seconded by Saunders, were approved as submitted. Resiqnation of Board Member Winn: Chairperson Barry t:inn. Ar. had for:,arded to members of the Soard his letter of resignation, which was brought about due to his professional relocation. The Board acknowledged the significant contribution that fir. Winn had made to the Board and accepted the resignation with regrets. fir. Winn along with his predecessors contributed vast kno:jledge and experience to the furtherment of ethical behavior in government. His further contributions ►•:ill be missed. but well wishes for his success Nere expressed by all present. Ethics Issue: Mr. Blinn had forwarded to members of the Board a letter dated December 21. 1986, that described a telephone call from Blair Haltom, President of the Evanston Firefighters Union, in regards to what fir. lialtom believed was an ethical problem. fir. Carlson further described the situation where the Firefighters Union was soliciting advertising from local businessmen in a manner that was in Board of Ethics Minutes -2- 2.'25,'B7 fleeting of February 24, 1987 violation of the State Statute. fir. Carlson related that the matter had been brought to Court and duly adjudicated with the Firefighters Union directed to change their approach by eliminating the word "Evanston" from any and all of its correspondence in relationship to the soliciting of funds. fir. Ilaltom had received proper notice from management of the City asking him to cease and desist to no avail, and fir. Haltom as a result was suspended for a number of days from work without pay for violating a direct order. This action is being appealed to the Illinois State Labor Relations Board as an "unfair labor practice". As of this date no finding has been made as the case is incomplete. It was the consensus of opinion of Board members that in the event provisions of the Code of Ethics are being used in conjunction with any employee action, the Board requests that it be notified as soon as it is appropriate and,'or proper. The Board is vitally interested in how the Code is being used and its affect upon the City of Evanston. The Board further would want to be apprised of any potential issues of conflict of interest as they have a responsibility and an obligation to be advocates of ethical practices and behavior in City government. Review of Financial Disclosure and Affilication Statements: fir. Carlson presented 17 Statements that had been received from the City Clerk's office representing Board.'Commission members of the City of Evanston that had been appointed since the last meeting of the Board of Ethics. Each of the Statements were reviewed by members of the Board of Ethics and approved. llther Items: A letter addressed to fir. Harry Winn, Jr., an acknowledgement of his efforts as a member of the Board as well as Chairman, was reviewed and approved unanimously. fir. Carlson announced that due to his pending retirement on February 27, 1987, this would be his last Board of Ethics meeting. The Board acknowledged Mr. Carlson with appreciation for his diligent and conscientious service. Next fieetinq Date: The meeting has been set for April 14, 1987, 7:30 P.H., in the Aldermanic Library. If special items of business come before the Board, a special meeting will be called. Adjournment: (laving no further business the meeting was ad oyrned at 8: P Staff Representative: /1-i Deputy City Manager TRC:lr cc: Joel H. Asprooth MINUTES Members Present: Members Absent: Staff Present: Presiding Official: Summary of Action: BOARD OF ETHICS Meeting of April 28, 1987 Dona Gerson, Bruce Hopple, David Saunders, Robert Shonk, Joyce Shrager None Joel M. Asprooth, City Manager Done Gerson, Chair A quorum being present, the meeting was called to order by the Chair at 7:30 P.M. in the Aldermanic Library of the Evanston Civic Center. Minutes - On the motion of Ms. Shrager, seconded by Mr. Saunders, the minutes of the meeting of February 24, 1987 were approved as submitted. Review of the Responsibilities of the Board of Ethics - The Chair reviewed for the members the major responsibilities of the Board of Ethics, as established in the Evanston Code of Ethics, which include: 1. Review of Financial Disclosure & Affiliation Statements - The Chair noted that the Board was required to review annually the Financial Disclosure and Affiliation Statements filed by members of appointed Boards and Commissions of the City government, as well az those submitted b) elected officials. She noted that it had been the practice of the Board to review each Statement and to discuss potential conflicts arising from financial interests or affiliations of the various Board members on a case by case basis. As a procedural matter, the Board members initialled each statement as it was reviewed, discussed any questions which arose, and obtained further information when necessary. The Chair noted that the previous Board of Ethics had conducted a detailed study of potential conflicts of interest involving the Evanston Arts Council and the awarding of grants by that body. She asked that the report made by the Board of Ethics to the Mayor in that matter be provided to the current members of the Board. Mr. Saunders noted that the Board had recently considered a potential conflict of interest involving the spouse of an Alderman. The Chair asked that the Board set aside time at its June meeting to discuss in detail the matter of conflict of interest and the particular issues to be considered by the Board in determining whether such a conflict exists. In this regard, the Chair noted that the earlier discussion of the Arts Council situation would provide some guidance to the Board. 2. Review of Procedural Documents - The Chair noted that the Board had, at an earlier time, established Rules and Procedures for administration of the Ethics Code, as required in the Code. She asked that these Rules and Procedures be circulated to the current members of the Ethics Board, and that the Board set aside time at its next meeting to review and discuss these Rules and Procedures. The Chair noted that the Rules and Procedures provide for a certain measure of confidentiality in the Board's consideration of any request for an advisory opinion. Mr. Saunders asked that these Procedures be reviewed for compliance with the Illinois Open Meetings Act. Board of Ethics Meetinq of 4/28/87 -2- 3. Review of Ethics Legislation - The Chair noted that the City Council had in 1966 adopted an Ordinance removing the sunset provision from the Code of Ethics, and asked that copies of that Ordinance be distributed to the current members of the Board. Mr. Hoppie asked that staff prepare a packet of information for him similar to that provided to Mr. Saunders when he came on the Board. Ms. Shrager asked that she be provided with the same information. 4. Review of Financial Disclosure & Affiliation Statements - The Board then reviewed the Financial Disclosure 6 Affiliation Statements received to date from elected officials and members of the various Boards and Commissions. Two statements were found to be incomplete; one lacked specific addresses for real estate in Evanston owned by the filing party, and one referred in response to every question to the prior year's statement. Staff was asked to contact these individuals to obtain more complete information. Following completion of review of the Disclosure Statements, the Board discussed the form of response to each question in the Statement. It was noted that same filing parties responded only to those questions whit► applied to them, while others would mark each question with a slash (if they had no other response) or would write "none" or "does not apply." It was noted that question #5 on the form appeared to require the respondent to indicate if the respondent or his or her family had and economic interest or association which could give rise to a conflict of interest. It was further noted, however, that not all filing parties responded to this question in any way. The Board members agreed that it would be preferable to have some clear response to each question, even when the filing party had no substantive information to provide in response. It was agreed that changes in the Financial Disclosure & Affiliation Statement form might be made to assure such a response, and the Chair noted that it would be possible to request each filing part} to make a response {even a response of "none") to each question b� asking the City Clerk to include that direction in her memorandum sent to each Board and Commission member with the blank ethics form each year. The Board members agreed to discuss this matter nnnin nt tl-e r -- \ "leet i nQ. ,after some discussion, the Board members agreed that, with respect to Statements filed in 1987, no response or a slash mark through the response area would be considered a response of "none" to that question. Other Matters - The Chair asked that staff obtain a copy of the Chicago Ethics Code for the Board to review. She also asked that staff obtain copies of model ethics codes available from professional organizations, as well as ethics codes adopted by other communities. Finally, the Board asked that staff provide copies of those Sections of the Illinois Statutes which are mentioned in the Code of Ethics. Next Meetinq - The next meeting of the Board of Ethics will be held on June 9, 1987 at 7:30 P.M. in the Aldermanic Library. The meeting adjourned at 9:20 P.M. Re t ally submitted, Jo spraoth JMA:ct Ci Manager Members Present: Members Absent: Presiding Official: Staff Present: Summary of Action: MINUTES BOARD OF ETHICS Meeting of May 18, 1987 Gerson, Hopple, Saunders, Schrager, Shank None Dona P. Gerson, Chair Joel M. Asprooth, City Manager i The meeting was called to order by the Chair at 7:06 A.M. in the Aldermanic Library of the Civic Center. Ms. Schrager moved, seconded by Mr. Shonk, to approve the minutes of the meeting of May 11, 19871. Upon call for a voice vote: all ayes. The Chair noted that the meeting had been called as a continuation of the adjourned meeting of May 11, 1987. She noted that the Board had not concluded its discussion of the pending request for an advisor,. opinion, and that it would be appropriate to move into executive session for discussion of that matter. She noted further that the Board had received a letter from P,ldcrman Evelyn Raden concerning the request For an advisory opinion presents} under consideration. The Chair noted that she had discussed the matter with Alderman Raden, who had informed her that she would not attend the May 18 meeting of the Board of Ethics. Upon motion by Mr. Shank, seconded by Ms. Schrager, the Board voted unanimously to move into executive session to discuss the matter of personnel and professional ethics. Following conclusion of the executive session, the Board voted unani^o°usl� to reconvene in open session. The Board members agreed to adjourn to WednesdaN, May 27, 1987, at 7:30 P.M. for a continued discussion of the request for an advisory opinion. There being no other business, the Board of Ethics adjourned at 9:40 A.M. Respp. full,. submitted, Joel �4sprooth City Manager JMA:ct BOARD OF ETHICS MINUTES OF JUNE 23, 1987 Members present: Dona Gerson, Bruce Hoppel, Joyce Schrager, David Saunders, Robert Shank Members Absent: None Staff Present: Herbert Hill, First Assistant Corporation Counsel Presiding Official: Dona Gerson, Chair A quorum being present, the meeting was called to order by the Chair at 7:41 in the aldermanic library of the Evanston Civic Center. The Board commenced consideration of Alderman Raden's letter of May 2C, 1987 "to consider Whether a Conflict of Interest Arises from Elected and Appointed City Officials Serving on the Board of Directors or TOPCORP, Inc. and Research Park, Inc." (letter attached). Alderman Raden was unable to attend this meetina. Ms. Linda Dwoskin of 1121 Dobson was present as a representative of Aldermman Raden. hiderman .lack Korshak was also present. Ms. Dwoskin stated her belief t;at the public officials on the Board of Directors of TOPCORP, Inc. and/or Research Park, Inc. are faced with actual or potential conflict of interest. She stated that, as members of the Board of Directors of a private corporation, each has a'duty to serve the best interests of the corporation, but, as public officials of the City of Evanston, each has a duty to serve the best interests of the City. Whenever the interests of the private corporation(s) conflict with the interests of the City, these public officials are faced with a conflict. She described various areas of potential conflict, including the Open Meetinas Act, and possible financial liabilities of the private corporation(s) as offset by the City. Ms. Dwoskin provided these examples as illustrations of potential conflict; no allegations or concerns of actual conflict were made. Ms. Dwoskin and Alderman Korshak urged the Board to conduct a broad inquiry into this matter. They urged the Board not to limit the inquiry to direct financial gain, but to consider a broader analysis of potential conflict of interest involving 93 Page 2 • the Research Park/TOPCORP members. The Board discussed the issues raised by Ms. Dwoskin and Alderman Korshak at some length. The Board determined that as City Council proposed and approved the public official involvement, the Board should not reconsider the legal framework. The City Council, by amendment, may change this framework. The Board considered the ethical analysis presented but determined that the essence of a conflict was the potential for direct personal gain. As the Board found no direct personal gain nor allegations of such gain, the Board determined that there was no conflict of interest and that there was no need to have a public inquiry into the matter. The Board then discussed the reference by Alderman Brady concerning drafting a revised Code of Ethics. The Board was uncertain as to the scope of the reference and set the matter for hearing at the next meeting. The Board requested that the City Manager be present at that meeting. The Board adjourned at 9:07 P-NI. Her ert D. Hill First Assistant Corporation Counsel MINUTES r BOARD OF ETHICS Meeting of October 27p 1967 All members being present, the meeting was called to order by the Chair at 7:41 p.m. in the Aldermanic Library of the Evanston Civic Center. The minutes of the August 160 1987 meeting were amended and thereupon approved. The Board went into closed session to consider a request for an advisory opinion. the Board reconvened in open session and discussed the matter of revisions to the Code of Ethics. It was agreed that this matter would be set as a topic 'of discussion at the the next meeting, which was set for December 8, 1987. There being no farther business, the Board of Ethics adjourned at 9:20 pm. Fitet Assistant `CoIrporation Counsel Members Present: Members Absent: Staff Present: Presiding Official: MINUTES BOARD OF ETHICS Meeting of December 8, 1987 Dona Gerson, Joyce Schrager, Bruce Hopple, David Saunders, Robert Shonk None Joel Asprooth, City Manager Dona Gerson, Chair A quorum being present, the meeting of the Board of Ethics was celled to order at 7:34 p.m.•by the Chair. Minutes The minutes of the meeting of October 27, 1987 were approved as submitted. Review of Advisory Opinion The Chair called the attention of the Board to a pending request for an advisory opinion concerning the application of Code of Ethics. Upon the motion of Dona Gerson, seconded by Bruce Hopple, the Board voted unanimously to convene in executive session to discuss a personnel matter. At 7:36 p.m., the Board convened in executive session. At 7:54 p.m., the Board of Ethics reconvened in open session. Consideration of Revisions of Ethics Code The Chair called the attention of the Board to the Fact that the Board had received a reference from the City Council to consider the development a new comprehensive Code of Ethics for City of Evanston. The Chair also noted that the Board had received copies of Codes from other municipalities, as well as ethical standards promulgated by professional organizations. Ms. Schrager noted that many of the other ordinances provided to the Board focused on financial disclosure, while the Evanston Code is much broader in application. She stated she endorses the concept of a broader Code, and suggested that the Board consider what is lacking in the present Evanston Ordinance. The Chair noted that, in making the reference to the Board, Aldermen Brady and Davis had suggested specific examples of potential ethical concerns, which the Board was to consider in addressing the reference. Those were: A. The hiring of a relative by a City or Township official; Board of Ethics Meeting of 12/8/87 -2- B. Membership on a Board or Committee of an individual who may have an interest in matters under Board or Committee discussion - a college student on a Board which is to consider a matter affecting the college attended by the Board member; C. An Alderman or his/her family who may be affected by Research Park acquisition; D. An Alderman who may be employed by a Bank which may make a loan for a City -sponsored project; and E. An Aldermanic spouse who ma} be associated with a civic organiza- tion which is seekinq assistance from the City. The Chair stated she was intrigued with the idea of promulgating guidelines to define and clarify further the examples of prohibited conflicts of interest presently contained in the Code of Ethics. She stated that it might be possible for the Board to use examples drawn from past advisory opinions issued by the Board to elaborate upon each ethical standard in the Code. Mr. Hopple asked whether such guidelines would be prospective or only refer to past opinions and past questions of ethical conduct. The Chair stated her opinion that the Board should begin with past examples, but also comment on areas where potential problems of conflict of interest could be identified. She suggested the Board might also consider recommending revisions to the Financial Disclosure Statement. Mr. Saunders stated his opinion that the promulgation of guidelines might result in very limited or narrow interpretation of the principles contained in the Code of Ethics. He noted that the relatively few matters on which the Board of Ethics has rendered opinions in the past have been limited and are not wholly illustrative of the potential conflicts which might arise in the future. He stated his belief that the Board would have to go beyond the development of guidelines based on past cases in suggesting revisions to the Ethics Code. The Chair suggested the Code should also reiterate the State Iaw regarding conflicts of interest, rather than merely refer to it. Mr. Saunders agreed, but noted that the State law could not be considered a limiting factor. He stated his belief that local ethics legislation and the interpretation of that legislation will usually be more restrictive than the State Statute. Ms. Schrager noted that the Board needed to consider development of more clear and precise definitions of the terms contained in the Standards of Conduct section of the Ethics Code. She noted that the model ordinances obtained from other communities are not necessarily appropriate for Evanston. Mr. Saunders asked whether the Board was to consider a total revision or merely a series of amendments to the Ordinance. The Chair noted that the reference made by the City Council was for a comprehensive revision to the Ethics Ordinance. She suggested that the Board invite the Aldermen who made. the reference to attend the next meeting of the Board and discuss their concerns and their ideas with the Board members. She stated her opinion that the Board would have difficulty addressing some of the issues raised by the Aldermen. Board of Ethics Meeting of 12/8/87 -4- New Business There was no other new business brought up before the Board. Next Meetinq Date The Board established a meeting schedule for January and February, 1988, as follows: January 7, 1988 - 7:30 p.m. February 18, 1988 - 7:30 p.m. The meeting of the Board of Ethics was adjourned at 10:05 p.m. ` Ree#wutfully submitted, Joel M. Asprooth City Manager JMA:ct.