Buffalo Grove creates ethics commission

The Buffalo Grove village board unanimously passed a new ethics ordinance, after trustees engaged in a long debate over one of its provisions, the creation of an ethics panel.

The ordinance, which has been in the works since June, amends a 2004 ordinance that incorporates state rules for officials and government employees. It bans them from accepting or soliciting gifts. It also prohibits participation in political activities prohibited under state statute.

What is new in the amended ordinance is the creation of an ethics commission, which will consist of seven members appointed by the village president, with the consent of trustees. Relatives of elected officials are not allowed to serve. The commission will hear complaints and make recommendations to the village, which can then initiate legal or administrative penalties. There are also penalties for frivolous complaints.

During the discussion, Trustee Lisa Stone, who originally suggested the ethics commission in the wake of complaints about the handling of the issue of off-track betting, raised concerns about issues she felt needed to be addressed.

She said what prompted that was the issue of off-track betting and how, she said, people were not properly alerted. Apart from such issues as accepting or soliciting gifts, she wanted the commission to bring to light hot button issues.

"My concern was actual ethics and some of the issues that need to be addressed in our government," she said. She said she also wanted the ordinance to address campaign behavior, specifically the issue of dirty campaigning.

She said those running for office should be held to a high standard and that the ordinance should provide for penalties for "sabotaging or acting in a way unbecoming to our government," so people would not be afraid to become involved in government.

Village Attorney William Raysa said state statute already has a provision for fair campaigning. But Raysa advised against putting such a provision in a local ordinance, out of First Amendment concerns, noting that the state legislature apparently had such concerns by not spelling out penalties.

Stone also suggested making ethics commissioners unanimous choices by the board, as well as mandating that the commissioners draw on new blood, rather than those who have been involved with existing commissions. Stone said this would ensure objectivity, comparing it to selecting the members of a jury.

"(Otherwise) it would just keep moving the same people around," Stone said. "This board is different from any board. (It) would have to be an objective group.

"If we're going to expand and get people more involved in our government, we have to do things that actually welcome new blood. Otherwise there is this feeling of a clique." Village President Elliott Hartstein said notification on hot button issues is the responsibility of the village board. "That's what we are elected to do."

Trustees Beverly Sussman and Jeffrey Braiman disagreed with Stone's view regarding prior experience on commissions.

"I really disagree with what you are saying," said Trustee Beverly Sussman. Sussman said she would rather have someone who is active in the community and attends meetings and is interested in giving up their time fill out an application.

"Why should they be eliminated just because they had some experience?" Braiman asked.

Turning Stone's comparison back on her, Braiman said, "If I want a jury of my peers, I want someone who has experience." Braiman said, "You're using these generalities. You think that we're going to put people on who are buddies and friends."

But he said that probably 95 percent of the appointments in the last several years are people who have never been involved in the village before.

"We always welcome new blood."

But Stone said, "It's a unique area to tell someone what you're doing is ethically wrong," she said, adding that a member of the ethics panel should come from outside the community to avoid bias.

Braiman also had objections to her call for a unanimous vote, saying, "You will never have a commission," since board members who disagree with each other would probably vote against the other's nominee.

"I think we have to rely on our village president and the good faith of this board. You may not have respect for us. (But) we are doing the best we can."

During the meeting, Stone's use of "you guys" irritated some board members.

Trustee Steven Trilling said, "I am deeply offended by the reference of 'you guys.' I'm an independent person, an independent thinker. And any reference to you guys is deeply offensive to me personally."

Trustee DeAnn Glover also took offense to references to "you guys" and cliques.

"I have been out of high school for many years."

Ultimately, the ordinance passed by the board was what was submitted before the meeting.