City Council Amends Ethics Guidelines

On August 23, 2009, I sent the following eblast:

In 2007, the City Council ("Council") adopted Ethics Guidelines, which require, among other things, that commission members not represent third-party clients in front of their own commissions and Council members not represent third-party clients in front of any commission. The guidelines permit, however, current commissioners to represent clients in front of other commissions or the Council. 

I believe that if people are on commissions, they are representing and making decisions on behalf of the City's interests. To then represent clients in front of a City decision-making body, seems to be too close for comfort. For example, a Plan Commissioner, who is an attorney, can currently represent a real-estate client in front of the Council. Although there is every reason to believe that all decisions are above-board, it looks improper, as if the commissioner has an inside track to getting a decision approved in his favor. To minimize these potential conflicts or appearances of impropriety, I have asked the Council to consider a prohibition on currently sitting commissioners representing clients in front of other commissions or the City Council.

In addition, I have asked the Council to consider a prohibition on commissioners or City Council members representing clients in front of commissions or the Council for one year after their retirement from their commission or the City Council. Another example: a Council member retires from the Council, but at the next Council meeting represents a client before the Council. Again, although there is every reason to assume that the decisions are fair and impartial, it looks improper and raises questions of objectivity. The federal government recently enacted a two-year prohibition on members of Congress lobbying other members of Congress upon retirement. I am asking for a one-year buffer between commission or Council terms and representation efforts.

I am proud to report that nearly three years later, on Monday, the City Council approved these amendments to our Ethics Guidelines with a 5 - 1 vote. We tweaked them to just apply to Land Use Commissions (Zoning Board of Appeals, Design Review Commission and Plan Commission) and have included limitations on representation before staff as well. The concept is clear, if you are going to act as an agent of the City on one night, you shouldn't advocate the City on behalf of a private client the next.

We are so fortunate to have terrific volunteers on our commissions; people who bring unparalleled professional counsel and dedication. But in a few instances, there have been those who did not recognize the appearance of impropriety given their dual roles.   These new guidelines should help clarify that conflict.

Thank you to Councilmen Tony Blumberg and Dan Kaufman for working with our Corporation Counsel to iron out the details on these improved Guidelines. I know they will serve our community well, and frankly, isn't that the goal all along: to serve all of our residents fairly.

Nancy Rotering
Highland Park Mayor 

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