Ethics commision meeting

[Bear]

http://blogs.mysuburbanlife.com/2009/03/03/berwyn-ethics-commission-meeting

Submitted by Danya Hooker on March 3, 2009 - 6:11pm
To kick off the Berwyn Blog, I'll be blogging live from the Berwyn Ethics Commission meeting tonight. First on the commission's plate is an allegation that Ald. Joel Erickson, 8th Ward, violated city ethics ordinances. Read the full story about that here.

This is one of the first meetings for the newly-formed, three-member commission, made up of residents. The meeting starts at 6 p.m. so check back around then for regular updates.

[n01_important]

How do we make sure "ethics" isn't used as a weapon to bring down political opponents?

I also wonder if we need a "Fiscal Responsible" committee more than we need an Ethics committee.

[OakParkSpartan]

How do we make sure "ethics" isn't used as a weapon to bring down political opponents?

I also wonder if we need a "Fiscal Responsible" committee more than we need an Ethics committee.

That's certainly what this complaint appears to be...Skryd and company trying to dirty Joel for the upcoming election.  I found the last council packet very interesting reading.  Some of the emails were pretty enlightening.

[Bonster]

should put together a synopsis of them...

[Shackles]

http://calendar.berwyn-il.gov/Upload/EVENTS/515/Ethics%20Commission%20Agenda.pdf

...looks mighty interesting.

[Cathy]

The Berwyn Ethics Commission Monday dismissed a complaint against Eighth Ward Alderman Joel Erickson, after commissioners said they did not find sufficient evidence Erickson violated city ethics ordinances. 

"When we looked at the (complaint) versus the code, there just was no violation," Commissioner Wayne Parthun said.

But that's not end of the debate  whether it was unethical for Erickson to request the addresses of pet license holders and then use the list to send copies of his "Grass Roots Journal" to the residents. The commission's decision has sparked anger among the city officials who submitted the complaint, and City Clerk Thomas Pavlik said Monday, March 9, he intends to send complaints to county and state officials.

"My next step is the Cook County State's Attorney's door step and the State Board of Elections," Pavlik said.

The controversy began in January 2008 when Erickson sent an e-mail to Computer Services Director Jim Frank requesting the mailing addresses of all pet license holders and asked that the request remain confidential, according to e-mails compiled in the official complaint.

Frank responded, saying he did not have a problem fulfilling a public official's request but that he "(took) issue with the confidential nature" of the request. The e-mails said Frank consulted with Pavlik and the city collector, who determined that Erickson was entitled to the information as a city official.

Erickson did not attend Monday's commission hearing and did not return phone calls seeking comment Monday night or Tuesday, March 10.

About a month later, according to a post on Erickson's Web site, BerwynBrick.com, Erickson mailed copies of the journal to residents, including the pet owners. In April, Pavlik sent a letter to the mayor and City Council saying he was concerned the use of the mailing addresses to send copies of the journal constituted a violation of the city's ethics ordinance, which prohibit the intentional use of city resources for prohibited political activities.

In a letter Erickson submitted to the City Council in February, he said sending the newsletter did not meet any of the definitions of a "prohibited political activity" listed in the ethics ordinance and that because the newsletter was meant to inform residents of the proposed animal ordinance, that it was specifically exempted from qualifying as prohibited activity.

Attorney Lawrence Zdarsky Monday presented the case against Erickson to the three-member commission, which includes Parthun, Chairman Ray Fron and Jaime Flores. Zdarsky was retained by Alderman Michele Skryd, 4th Ward, on behalf of the city's Administration Committee, which unanimously voted in February to refer the complaint to the Ethics Commission.

Skryd said the Administration Committee, which she chairs and also includes aldermen Thomas Day, 5th Ward, and Robert Lovero, 7th Ward, had attempted to investigate the complaint, but Erickson refused to respond to their questions.

Zdarsky said the pet licensee information was provided to Erickson in an unredacted form because city officials thought he was using the information to help create an animal management ordinance.

"Alderman Erickson utilized information, utilized his position as an alderman, to obtain information that otherwise would not be available to the public," Zdarsky said. "He took that (private information) and used it for political purposes, and not just political purposes, but even more disturbing, for commercial purposes."

The newsletter contained information on his proposed animal management ordinance, as well as information about the Berwyn Resident Independence Coalition, and an advertisement for a raffle for "an authenticated copy of the last will and testament of Elvis A. Presley," according to a copy of the newsletter provided in the complaint.

Zdarsky said that because BRIC is registered as a committee with the State Board of Elections, it constitutes a political organization, and the raffle may have been illegal because it was not approved by the board of elections.

After hearing Zdarsky's case, the commission discussed the allegations in closed session for about 30 minutes, before dismissing the complaint. Had the commission found the complaint justified, a public hearing would have been held Tuesday night to hear evidence from both sides.

Commission members said they did not believe BRIC constituted a political organization and that they did not find any evidence Erickson intentionally used city time or services for a political purpose. As an alderman, Flores said, Erickson had a legitimate reason to use city resources for the pet ordinance.

Commission members did express dismay over the fact that Erickson did not attend the hearing and over what they saw as an unwillingness to cooperate with the Administration Committee's attempts to investigate the original complaint.

"But that wasn't the issue before us," Flores said.

Skryd said she was "shocked" by the commission's decision and that it sets a bad example for appropriate behavior by city officials.

"Ethics have to do with dealing with what is good and bad," Skryd said. "They have said that it is good to break FOIA laws, ask employees to keep his request confidential, publish a political newsletter under the guise of a grass roots movement."

Skryd also questioned whether the decision was politically motivated. The newly formed commission is made up of three residents appointed by the mayor with the council's approval.
"It's a sad day that the mayor's ethics commissioners are likened to the three wise monkeys because they wouldn't even look into the matter and have a hearing," Skryd said.

Likewise, Mayor Michael O'Connor said the complaint was a political maneuver stemming from bickering between council members. He called the investigation a waste of time and money, noting  the city must pay to have an attorney present at the commission meetings.

"It's just petty stuff. There was no money transferring hands and he sent out some good information," O'Connor said. "Alderman Erickson and I are on opposite sides of the issues many times, but there are more important things."

[AngieBear68]

Looks like someone made a deal with the devil...

[Bear]

Business as usual

[Bonster]

yep...Michele can now continue on as usual without fear of ethics violations.