ethics and government oversight. Will now come to order, we
have 2 items on today's agenda. First, a subject matter
hearing on the office of Inspector General's, audit and
program review, section 2025, annual plan and second a
subject matter, hearing on the proposed amendments to the
board of Ethics rules and regulations. We will begin with
the roll. Call vote to establish Quorum. Please note that
your yes or present response will be deemed a. Yes, vote.
When this Quorum call is used for a reference vote for
later items.
Chairman Martin is present. Vice chair Haden.
Alderwoman Lee Alderman, OSHA.
Alderwoman Taylor.
Alderwoman sabaris Alderman Talya Ferro.
Alderman waguespack Alderman's pisado.
Alderwoman nent Alderman Vasquez, Alderman, Reilly
Alderman, Lawson. We have a quorum, uh, Alderman Vasquez
has requested remote participation in this committee
meeting under rule 159, due to a qualifying event. Is there
a motion to allow or Vos to attend? Today's meeting
remotely?
So moved by alderwoman Haden. All those in favor, signify
by saying, I
All those opposed, in the opinion of the chair, the eyes
have it. Alderman Vasquez is, allowed to attend the
committee meeting remotely.
See that he is on there at this time.
You're welcome, we will begin public. Comment the period is
set for 30 minutes out of respect for everyone's Time. Each
speaker is limited to 2, 3 minutes of public comment. Uh,
the first of the 2 individuals we have signed up is Taiwan
Sims Mr. Sims?
Hello committee. It's been a while maybe since April 16th
when I was wrongfully arrested downstairs.
Constitutional Liberty violated, but I was also arrested.
Just recently. J, June 3rd.
Once again, humiliated dragged around.
All for what, for simply trying to come in appeal to the
city government about the situation that I'm dealing with
the 16th I was coming here. Y'all had to finance and y'all
had the housing committee up here. Same situation, I'm
dealing with the homelessness. I came to specifically speak
to those committees I was arrested.
Wrongfully arrested. And once again, miss witzburg without
the office of Inspector General without having someone to
check these criminals in here then we'll continuously be
kicked down and treated like what? Like nothing. So I've
asked and I and I and I pray that you all don't take this
in a disrespectful manner that when y'all address me from
now on do not call me Mr. Sims because you all do not see
me as a citizen nor a human. Y'all can call me Mr. Niger
Man From Now On The Man from Nowhere.
Mr. Niger. Man. From now on
Because without constitutional Liberties without anything
the the bar and check and get you all in check. Then that's
how you all will drag me around and that's how I have I
spent time in the county jail. Now, I spent time in cuffs.
I've been treated degraded
As if I have no constitutional Liberties at all. So Mr.
Civil rights attorney. You can call me, Mr. Niger, man, for
all that work, that that I, um, credit to your predecessors
did before.
Call it off.
Because it has no standing Mr. Starks.
My wisdom, you can call me Mr. Niger man. Bernett
Call me, Mr. Niger, man, because that's how they treat me.
So I say I say that and I don't say it in. No laughing
matter. I said straight from my heart until I'm recognized
as the American citizen. In this room, then I'll be treated
as The Man from Nowhere or as a Niger man or nobody or
nothing.
I'm saying.
Thank you for your public comment next. And our last public
speaker for today is George Blakemore, Mr. Blakemore
The abuse, the Frog, the corruption.
Right here.
With all these Democrats, these young white people over
here. They don't want to, they don't know what's going on
here.
They just pop up. It's a history of corruption. I'm Number
1, Mr. Niger man.
I am treated like, a, a steal, our arm on the plantation. I
saw and my mother. I have saw a mother say I have seen you
abused him.
I have it on the tape.
This n****, man, saw you abuse. This n****, man.
And and, and where are the niggars?
The little white are are right here and you having a public
meeting and and say, we have 2 speakers.
Why my black ones here? Why didn't you educate inform and
Enlighten your constituent to, to come down here?
To be a part of this uh uh, nonfunctional government. I was
was loud and this young man ran. So that's a crazy n****
there, right over there in your hand, you never seen
me. I've never seen anything like this. In all my life, my
50 years of public servant.
Never have I seen people fighting each other calling each
other Niger. I never seen that ultimate calling the other
almond look at their right over there that are only white
lady here. And she's talking they ignore me a law friend
and all up
Oh, what do they all have in common? They all Democrat.
They all Democrats when you have a 1 party system, young
people is fraud and Corruption. You need a checking
balance. This is a wicked up. And how, why would you say
that Mr? Blakemore, because all the altar men and women
and, and commission that that's been in guided,
what that then indicted, what that criminal and you have
some of them right over there that that's a a criminal
being invited.
And now he's the ultimate, they come in poor and they leave
our risk.
It's it's something else down here.
It's something on American down here. It's something evil
down here. I saw them hang up.
I saw it. I got it on tape for 1 n.
We are treated like a n****, they self, they don't use the
term, the white folk n****, but, but, but but but, but up
here, they don't use this term n**** because they treat you
like 1.
they treat you like 1 the whites down south
Thank you, sir. That completes public comment. We have uh I
want to recognize alderwoman Taylor for purposes of Quorum
as well as vice mayor Bernett. Um,
We will now begin uh subject matter hearing regarding the
oh sorry.
Oh, sorry, uh, rule 45. Uh, our first order of business is
the rule 45 report from May 2025, which was distributed to
the committee via email. Can I get a motion to approve this
report?
So moved by alderwoman Taylor, all those in favor. Signify
by saying, I all those opposed in the opinion of the chair,
the eyes have it? Uh we will now begin the subject matter
here in regarding the office of Inspector General's, audit
and program review, section 2025 annual plan. I'd like to
turn the microphone over to uh Inspector General. Deborah
witzburg to provide brief remarks General.
Thank you, chairman. Good afternoon members of the
committee. Thank you for having us. I'm Deborah witzburg.
Inspector General for the city of Chicago. I'm here with
Darwin Jones. Who is our Deputy Inspector General for audit
and program review. I very much, appreciate the invitation,
as always to appear before the committee. Um, we will talk
a bit today about our 2025 annual plan for our audit and
program review section by way of a quick reminder. Uh, in
terms of where the work described in this document sits in
the office, the office of Inspector General, primarily does
oversight work.
in 3 channels, the first is that we do, uh, administrative
and criminal misconduct investigations, uh, where we look
into allegations that actors in city government have broken
the rules. The second channel of work is program and policy
work, looking at, whether the operations of city government
work as effectively efficiently and equitably. As they
might, that is where our audit and program review. Work
sits, the third channel of our work is is transparency
initiatives where we work to make uh theoretically public
information more meaningfully publicly available animated
by the principle that information about the government
belongs. To the governed, you'll see a little bit of that.
A little bit of that work in this plan as well.
Um, each year, we produce an annual plan for the coming
year for our audit and program review section. And the, the
purpose of this document is to identify potential projects
for the coming year. It is not, um, it is not a
comprehensive, it's not an all-inclusive list and it's not
a binding list. Meaning we will do some projects that don't
appear on this list and we will not necessarily do every
project. It does appear. This is sort of an exercise. This
is a, this is a pencil drawing of our plans for the year
where we identify priorities as we see them in city,
government questions that need asking in terms of the
effectiveness efficiency and Equity of City programs,
The projects that appear on this plan are ones. We'll talk a
little bit about how ideas get generated and, and how the
field of possibilities we choose from gets generated, but
the projects that you see landing on this plan are selected
based on a number of prioritization criteria that we have
landed on for our project work. We look at, we do a risk
assessment, where we look at where in city government,
things are likely to go wrong.
We look at the unique value uh of a potential project to
City stakeholders. We try to avoid Reinventing wheels and
um Crossing wires where uh, there are questions that are
already under inquiry either by some other body and city
government or some other organization we try to. We try to
focus on those projects where we can add a unique value to
City stakeholders. Um, and then finally, of course we have
resource considerations around.
personnel and other resources that we have available,
um, as I mentioned, this plan is very much subject to
change, um, and and 1 of the reasons I want to highlight
that 1 of the reasons I reiterate, that is to say, we
welcome feedback from you from members of this body and
from your constituents on concerns that come up about City
programs and how well, they are working, that is not our,
our solicitation of feedback and our being anxious to hear
from you. And your constituents is not a once a year,
Endeavor, we are that is a, that is an evergreen process
and so
Um nothing in this document or the nothing about the
existence of this document should discourage anyone at any
time of year from from getting in touch with us with
concerns or suggestions.
Um for things that we might look at. I also want to note
that we very much encourage City, departments to
proactively assess any of the programs or issues that they
see flagged on this plan. Um, this is not oversight by
Ambush. This is very much intended to give City departments
a sense of where we might be headed where we think concerns
might lie and if there's an opportunity for City,
departments to address some of those concerns or those
potential shortcomings. Before we get there, to audit them
all to the good, everybody, everybody, everybody wins. And
we get improvements in City programs without the need for
an audit. So that's very much very much intentional.
I mentioned that there's sort of a process by which the
topics on this plan are generated and I want to talk a
little bit about that the
Of most important um is our community engagement, process
around project topics. So many of you have hosted us in
your Wars. Um either in your offices or at other kind of
convening locations in your Wards to do what we call our
listening tours and this is a process. Uh it's just like
what it sounds where we go out and we listen to Chicago and
we asked people to talk to us about the things, they are
are worried about in city government. Um, we will never do
of the work that needs doing in government oversight in
Chicago, all of the choices we make about the projects, we
undertake are prioritization, decisions. They all have an
opportunity cost every project.
We launched means we don't do something else that also needs
needs doing. Um, we try to make those prioritization
decisions in a way that aligned with the, the concerns of
of real Chicagoans. We try to
Identify and undertake those projects where we can best pay
down the deficit of legitimacy at, which the city of
Chicago operates with its residents. And we know where
those places are. Um, because we ask people to tell us or
we hope to know where they are because we ask people to
tell us what their most worried about in city government.
Um, so I appreciate all those of you who have hosted Us in
various places in your Wards to do that, to talk to your
constituents, we will come out and do that anytime anytime.
You think there is an organization or a convening, or a
place in your ward, where people might have something to
say, we will, we will be there to listen.
We have internal uh projects that are generated internal
proposals. You all have heard me talk for now. All of the
all of the time I have been in this job about the
importance of interdisciplinary, oversight work at oig
where we have tried very hard over the last few years to
make the most of all of the oversight practice areas that
we have under our roof at oig and, and are doing that.
Where we have our Auditors working, very closely with our
lawyers and our data scientists and our investigators Etc.
Has given us kind of a a better more 3 dimensional view
into things that go wrong in city government. And so we
have some topics that have been generated internally as a
result of that Insight. Um, we have a, we now have a, as
you all know, a centralized intake function which is not
limited to an investigative purpose. And so, some of our
Project topics come from Individual intakes that we get um
through that function. We do regular follow-up reports. You
all have seen some of these. We've had subject matter,
hearings on some of these before this committee, um, where
we will undertake an audit. And then we will follow up a
year or a year and a half or 2 years later to see whether
corrective actions have been implemented in response to the
original recommendations.
Um, I talked a little bit about the interdisciplinary
review that will that will generate some topics. This often
comes out of our misconduct investigations. It is, although
not always it is very often true that misconduct is
co-located with a lack of controls. So there is some
failure in rule, or policy or, or security or so, on which
allows misconduct to take place. And so, we sometimes, find
that our investigative work will identify a failure of
controls which is an appropriate, uh, audit topic. And then
then finally, we get public comments on a posted draft of
this document, some of you all and and your um your offices
offices and your constituents have submitted, some of this
part of our annual process is that we produce a draft of
draft of this document um and we post that for public
comment for 30 days. Um and then we incorporate some public
comments that we get into the final version of this
document and so all of those inputs combined uh, to inform
the, the final product such that it is. And and again
And I use final Loosely there, uh, but but come together to
form the document that's in front of you.
um,
I talked about our efforts to make sure that when we are
undertaking a project, we do. So in a way that adds some
value that's unique to our role in oversight and in city
government
Um that leads us to prioritize projects which have a couple
of a couple of features which are outlined here. Um, we
we prioritize projects, which give us an opportunity to,
um, analyze the performance of government operations and
programs, where that analysis best relies on or best draws
on data, which is not necessarily publicly available. We
have access uh to a great deal of city data and to City
information. Um and of course, city employees and City.
Departments are obligated to cooperate with our work. And
so we prioritize those projects where we can have the most
impact on the basis of our access to city data. We
prioritize projects where there is no recent independent
analysis. Um Chicago is a city of of we have very engaged,
Civic organizations and academic institutions and so on
there are some topics where because recent work has been
done by 1 of those other entities. There's um, a less
pressing need for us to attend to that topic as well. And
so again, in the interest of of
Not duplicating efforts. Um, we we tend to look for topics
where there has not been ink spilled recently.
Um, we look to develop knowledge of the operations of
Municipal programs and services and and for opportunities
to apply that subject matter expertise that we gain in the
course of our work to topics, which might be particularly
opaque. Um, and then of course we therefore prioritize
opaque or complex aspects of Municipal operations. I talked
a little bit about that transparency channel of our work.
Um, we find that because of the information we learn in our
travels because of the things we the the information we
gather and the access we have we are sometimes well
equipped to shine some light into dark corners of City Hall
and to to sort of illuminate and demystify uh some complex
aspects of city government.
um, we look to divide, we kind of organize our thinking
about project topics into portfolio areas, we think about
city government in a handful of different subject matter
buckets. Um and we organize our thinking about project
topics in those portfolio areas, we try to cover the
Waterfront in some sort of, um, sensible way. So that we
are not. For example, concentrating, all of our efforts on
the city's infrastructure. Departments,
Um, so by way of example, in terms of how we kind of try to
cover those different areas reports, we published out of
our audit and program review section in. 20124 are are
noted on this slide many of these with with thanks to the
chairman are ones that we had our reports that we had an
opportunity to present here in this committee. Um, which
has been very helpful and I sincerely appreciate the
opportunity to do that. Um, so so many of the projects on
this slide will look familiar to you all we have projects
in progress in each of these portfolio areas as well. And I
I won't go through these all in the interest of time, but
if any are of particular interest, we're happy to talk
about them further. Um, but these portfolio areas in which
we have ongoing work in progress, our City development and
Regulatory Community Services finance and administration
infrastructure and Public Safety. I will note of course
that this is separate from our devote, our Public Safety
section which is devoted specifically to oversight of the
police department. The civilian office of police
accountability and the police board, our audit and program
review section Public Safety. Portfolio area is devoted
large.
To, um, the city's non-police, Public Safety functions. So
fire opsa oemc, Etc,
Um, some of the potential projects on this plan, Again by
portfolio area are here, I'll go through these very
quickly.
Darwin and I are happy to answer any questions that come
that that you all have about any of these specific topics
in the area of development and Regulatory. Um, we have a
topic to look, look at issues around, uh, aldermanic
prerogative, city-owned Land, Management, tow truck,
license enforcement. This is certainly a topic that's been
active before the council recently.
Housing, home repair program, and get a sense of the kinds
of things that come up in development and Regulatory, uh,
in our community services portfolio area.
uh, the dfss is frequently a um, an oddity in this in this
area because they are a conduit for so many of the city's
services in uh in community services, human services. So we
have potential topics on youth employment, city services
for older adults and community service centers.
In the finance and administration portfolio area. This
isn't a portfolio area where we have concentrated a lot of
efforts in recent years. I anticipate, we will continue to
do that, um, because there's a lot of work that needs
doing, uh, in, in improving, the city's operations in
finance and administration. So we have potential topics on
the plan.
around city clerk record management uh city council and
committee meetings, the mayor's office of intergovernmental
Affairs, what that office is and and how it functions
Be swiping policy enforcement this 1 I think is is an
interesting 1. It sounds very in the weeds but it has a
huge impact on efficiency of the city Workforce and how
much we are getting for the investment of City salary
dollars having to do with timekeeping and um, how how well
the city is able to keep track of when city employees are
working and where
And then we have a topic on mayoral boards and commissions.
In the infrastructure portfolio area, we have potential a
potential topic on Blue cart recycling. We've had a number
of kind of installments of work on this various components
of the city's recycling operations. We've looked at, for
example, construction, debris and recycling. Um, this is
another, this would be another 1 of that kind of Suite of
projects around recycling. We have a potential topic on
Street, resurfacing and maintenance out of seed dot. Uh
dwms lead service line replacement, program storm, water
management. This is really a project topic that was heavily
informed by the very localized, flooding. That the city
saw, uh, over the course of the last year. Or so, and
street sweeping out of the Department of streets and
sanitation.
Finally, in the public safety. Portfolio area. We have
potential topics looking at civilianization outcomes.
In the office of public safety administration, as you all
know, of course, that's a city Department, which is still
relatively new in its uh in its existence. And it was built
to centralize and make more efficient. Some of the
administrative functions of the police department, the fire
department and oemc. Um, and so this topic would would look
at what weather. In fact, we have civilianization, whether
the Advent of that new department has gotten uniformed
police officers and and fire department members back out on
the street.
Policing and fighting fires.
Um and what the kind of efficiency outcomes have been
there. We have a potential topic on fire department member
wellness support strategies. The life, safety ordinance
enforcement and personnel and resource deployment in the
fire department. So, um,
That is all a very high level, a very high level View. And
as I say, we're happy to talk more about any of those. Any
any kind of aspects of our planning process or any of those
potential project topics that are of Interest. Great, thank
you for that 1. Uh, question I have before we uh uh, kick
it over to committee members is understanding that, uh, all
of these issues are very meaty and very worthy of
attention. How are you looking to prioritize, which ones
you address first, as well as, uh, in in this might come up
in Q&A. But for individual ones, uh, when
Could we expect to get updates in terms of the status of,
um, those, uh, uh, audits assuming they ultimately do move
forward. And I'm thinking by way of example you and I have
spoken about street sweeping in the past. Um, I'm curious
if that is ultimately something that makes it into, uh, the
the final plan for this year. When would it not be too soon
for me to follow up with that? Well, it's in the final
plan. So, I mean, it has made the final plan, but I, but,
um, so to take the last of those questions first, maybe in
terms of timeline. Um, we are, uh, the question of of which
projects have launched and are officially underway in the
status where we are engaging with departments is very much,
not a secret. Um, and so we are always happy to talk about
that once we get to the the point of engaging with the
Department to say, okay, we are now going to start doing,
you know, there's preliminary information gathering that
that happens before this. But once we get to a point where
we've engaged the department and we've said,
We are now going to ask you for a bunch of information
about this project topic. That is not a secret. We're happy
to talk about that. So we have not launched street sweeping
but um, but but that is um the status of that project is
not a secret. And so you're welcome to check in anytime.
We're happy to, we're happy to talk about it. Um,
the way, you know, the, the question of how we go about
choosing which projects to launch and when is some
combination of the various factors we've talked about the
most important of those again in my view really is um our
effort to make sure that we are launching those projects,
which capture topics, people are most worried about and you
all in your representative capacities, you know you know
best what is what problems are facing your ward and our
most pressing for the people you represent. Um, and, and
the best way for us to know that is for you to tell us. And
so if, if there are particular topics on this project,
which you think are of highest priority for you and your
constituents or the other way around, if you see a topic on
here which you say like that just doesn't resonate. Um, we
welcome that feedback as part of this annual process and
all year long.
Uh, opening up to questions from committee members.
On the lesson.
Great, uh, thank you chair. Hello, General witzburg. Good
to see you. As always, um, I just had a couple quick
questions. Um, please come talk to me about blue cards and
street sweeping, um, I followed these actually I go ahead
of the sweeper every uh, first pass in April to clear
around cars that don't move and clear drains. Um and it's
essential that we do that because otherwise we will have
flooding in the spring. Um so we I would be happy to talk
to you guys about those 2 Topics in more more detail
because I know it intimately. Um,
There were some things that came off the list and I just
want to ask about those real quick. Um, my favorite the
zoning board of appeals explainer. I'm being sarcastic.
Nobody likes the zoning board of appeals um that the OM
OMC, Workforce evaluation and the Animal Care control
review came off. And I, I think those, you know, uh, zba is
sort of its own Enigma. But the others are, I think are
concerns for residents when they're calling 911. Um, and
then certainly ACC I think has had its share of issues, um,
Freeda just asked like why why? Why did those not make the
final list? Yeah, this is a good question. And I should
have covered this in our discussion of the process. So I
appreciate the, the question um,
Sometimes topics come off the list. Not because we don't
believe them to be a priority, but because they have
appeared on the list for many years in a row and so, um,
know, that doesn't necessarily mean that we won't launch
them. Again, going back to the notion that we will launch
some projects that are not on this plan. Um,
We have some sense that listing a topic year after year.
After year does not necessarily, we've sort of already
served the signaling value of that to a department. You
know, that says that this is an area of potential concern.
Um, I totally agree with you that some of those topics,
including maybe primarily animal care and control is an
issue. We continue to hear about. We are pretty actively
engaged in um, in information gathering on that topic.
Particularly, which might, which will allow us to kind of
update our sense of where things are and where the the
highest priority questions are on animal care and control.
So that would in particular I hear you, I agree that is,
that is a project which we that's a topic that we hear a
lot about and so I I I hear the need for us to attend to
that, um, on some of the others. Um, I I'd be happy to talk
more about oemc work force. I think that's an interesting
1. I think, I think some of that would intersect with, um,
Some other work we are doing and have done around 311
responsiveness, Etc. So, um, we can certainly talk more
about that, the, um, the zoning board of appeals explainer
was a topic that was kind of a transparency driven topic
that was
Sort of, I think very close to the heartland of the kind of
work. I talked a little bit about where there are some
there are some dark corners of this building where things
happen that are hard to understand. And um we always
welcome feedback about where you think those things are
most opaque and hardest to navigate. Great great. Um,
anything sorry, anything to add on any of those things,
including animal care and control specifically with animal
care and control. Again, I'm Darwin Jones, Deputy inspector
over audit and program review. Thanks for having me here as
well. Um, that is very much on our radar. And for me, it's
an exercise of insurance that we're communicating a more
precise idea of what we're going to go the, the risk that
exists. And so we are engaging with Community, as well as
planning informational meetings within the department as
well so that we can be um have a more precise agenda there.
Great. Um,
Uh, happy to see that we're looking at the inventory of
city-owned land and figuring out how we can better wrap our
hands around it. Um, what are you finding? Very, I mean
there's no 1 Department that handles it right now. Correct
there's no list. Um, so in addition to that what other
barriers are are you finding to that, uh, so far
well, I think
Again, in our early stages of thinking about that topic.
Um,
You have I think put your finger on the initial uh problem
problem statement, which is that, uh, this is 1 of the many
things in city government where it's hard to know what we
don't know. And it's hard to manage risk and manage
liability around a universe. We can't quite get our arms
around. So I think that's, that's a topic, which would be
fairest to say, we're still kind of information gathering
about. Um, I, I will say, um, so we talked a little bit
about the portfolio areas. We have teams assigned to each
of those portfolio areas and 1 of the things that those
teams spend time doing in addition to their Project work is
um, information gathering. So, um, informational interviews
with departments with stakeholders in the community. It's
doc, you know, reviewing what records exist, Etc. So that
as Darwin mentioned, we can kind of get our arms around
specific questions. We might want to add. So I think that's
kind of where we are on. Land Management, anything to add
there.
Great then, just 1 last question. Um, when you're looking
at C dot resurfacing, schedules, get a little crazy you
know, a street will be torn up for 6 weeks. While we're
waiting for 1 Crew Or Another. We're probably paying out on
broken rims on that I've got Dusty neighbors. Um, just so
I want you to look at the effectiveness of that and how, you
know, the scheduling, um, you know, to close a whole Ally
for 8 weeks and to do the whole thing at once is that way
way better than doing it in sections, um inconvenience, you
know, is part of that. But also, you know, our costs and
our schedules, um,
Being put together in the most effective way. So I just want
to lift that up as well. Um, and that's all I have. Thank
you wanted to recognize Alderman. OSHA for purposes of
Quorum. Um, 1, uh, point. I wanted to uplift is is we've
discussed in the past if there is a way to prioritize
issues, um, that may impact, uh, the city's budget. Um, not
necessarily, maybe just whether you do it, but maybe, when
to the extent this is within your control, it comes out
could be quite helpful for us because I'm thinking about
opsa in particular, uh, every year that comes up, uh, after
that entity was constituted in the FY, 2020 budget. Um, and
it would be good to have your departments insight as soon
as they're ready. Absolutely.
Absolutely. I appreciate that. And and I think 1 of the
things we've talked about, I, I, I think that's good and
important guidance, uh, in terms of timing of, of our
findings, on some of these true that many of our audits,
um,
Produce findings and recommendations that have some sort of
budget component even where that is not the primary focus
of the questions that we set out to answer. But we often
for example,
Find shortcomings. We make recommendations to City
departments. And the response we get is like that's all
fine and good. We'd be happy to do that, but we can't get
OBM to approve. The, you know, whether it's a new software
system or Staffing analysis or whatever the case may be.
And so, um, we are certainly planning to, uh, in advance of
budget season, kind of gather our insights from over the
course of the last year, where those kinds of things have
come up in our fin,
And recommendations, just make sure those are all in 1
place for people.
Uh seeing no other questions. I think we can move on to the
next agenda item. Thank you very much. Thank you, thanks
for having us. Um, that agenda item will be a subject
matter here in regarding the proposed changes to the board
of Ethics rules and regulations. Um, uh, I will give our
executive director, Steve Berlin, uh, the opportunity to
just come over here and begin once, you're ready, uh, with
this presentation, which we will be sharing to, uh, share
with committee members, once he is done.
Director, whenever you're ready.
Chair.
And uh, welcome members of the, uh, City Council of ethics
and government oversight committee. So I do have a very
brief PowerPoint.
Uh, that explains what these changes are about. And the
first, the first slide is really the process.
So, um, the board of Ethics has rule-making Authority.
That's been in the governmental, ethics ordinance, since it
was first enacted in 1987.
And uh the uh rulemaking Authority is pretty General. Uh,
the board has the power and duty to promulgate rules for
the conduct of board board activities such as, for example,
hearings conducted pursuant to the governmental, ethics
ordinance, after An Inspector General investigation. Uh, if
the board concludes that somebody has violated the
ordinance, they have the right to take that matter, to a
confidential administrative hearing in front of an alj and
administrative law judge.
Um, the second part is administering waivers. Um we're not
addressing waivers in this in this rule. Uh rulemaking
third is contesting fines for training and viable filing
violations. We're not amending the rules in this respect
either.
A house settlements board, opinions, determinations and
findings are made public or not. Amending the rules. In
this regard either.
And then last, uh, the criteria for determining when
violations of the governmental ethics ordinance are minor
or technical, we're not. Amending the rules in this respect
either. I will that begs the question of what we are.
Amending the rules to cover which is coming up soon. But
the process works in the following way that uh, once the
board formally submits its Draft rules to the city council.
Uh, they become effective in 45 City business days. That's
the way. Uh, days are defined in the board's rules and
regulations, unless the city council during that period
votes by majority to disapprove them,
so the last time we had a rule making uh, was back in 2017,
so it's been 8 years. It's time to update these rules and
as a scheduling matter, our board meets a month, uh, a week
from today on. June the 16th in the afternoon. Uh, we put
these Draft rules out for public comment after the board's
last meeting on. May the 12th. Um, we did receive comments
from the office of the Inspector General.
And um we've Incorporated those comments into our latest
draft, that we will put before the board. Um if any of you
or your colleagues have suggestions, we would love to hear
them because we still have a week to tweak these, uh,
tweak, the draft amendments before we formally submit them
to the city council. So that's the way it works.
Uh, a summary of the Amendments. So, uh, hopefully you've
got if if, uh, if you don't have a draft, you can just go
to our website uh, where we have a red line, copy of the
draft itself.
But generally what these do. Um the first thing that they do
do is they uh remove obsolete, references to the former
legislative Inspector General which still existed when
these current rules took effect in 2017.
Uh, they can form the rules to matters where the board
finds probable cause without the need for an inspector
General investigation.
now, this doesn't happen very frequently, in fact, uh, the
last time this occurred was was more than 2 years ago, but
in the rare instance, where somebody files a complaint with
the board,
Or the board uh has information that's in the public domain
domain and the board believes that on its face. That's all
need to conclude that there might have been a violation of
the governmental ethics ordinance. And in other words, we
don't need a factual investigation from the Inspector
Inspector General, but the board could find probable, cause
on its own without that investigation, uh, these rules just
clarify, uh, when that happens. And uh, there was a
provision that was added to the governmental ethics
ordinance, a couple of years, ago section 21 156 390, that
codifies uh the uh notices that the board has to give when
it does believe. That there has been a potential violation
of the ethics ordinance, but does not need an inspector
General investigation. So, these rules clarify that they
also streamline how the board communicates with subjects of
board opinions or
Enforcement proceedings and to put it bluntly. Uh we're
moving away from certified mail because our experience with
certified mail and I and I've spoken with friends um in
private law practice. It's their experience as well, is it?
It's expensive and people duck certified mailings. So it's
always been the practice that whenever you send out a
certified mail, you also send out a piece of first class
mail to an individual. Uh,
when the first class piece of mail doesn't get returned to
us but the uh certified mail gets returned in no such
address or after a certain period of time, the post office
simply returns it. We've concluded that certified mail is
largely a waste of time and waste of City resources. So uh
we will communicate now with people in all different
manners. Whether it's, uh, either by telephone or typically
by email or by mail by US Mail, First Class,
so, um, that's uh, rule 213 2-13 streamlines that uh, also
clarify that the board has authority to render advisory
opinions to city, council contractors, since the board last
amended its rules. The term city council contractor was
added to the governmental ethics ordinance, and a number of
the changes in the package before you
Deal with city council contractors. So uh, number 1, the
definition is new. And we have to change the rules and
regulations in a number of different places to ensure that
City contractors have the same rights and the same
responsibilities for the most part as city council
employees or for that matter for all city employees.
So, um, among those other among the rights is, is the right
that a city council contractor, has to ask the board of
ethics for a confidential advisory opinion. We want to be
clear that that those are in our rules. The next is really
more housekeeping, uh, language. English language has
changed in certain ways. Pronoun usage has has uh, has
evolved so we want to modernize these rules and regulations
regulations and uh, move to, uh, gender neutral pronouns,
as well as take out, um, obsolete terms that are no longer
used in the governmental, ethics ordinance, such as
Alderman or alderwoman and just moved to city council
member
Uh, we want to also clarify that formal opinions, uh, not
informal opinions are made available to the public and
redacted form. This is always been in the law and just by
way of explanation, what's the difference between a formal
opinion and an informal opinion?
We issue about 4,000 opinions each year, probably all but 4
or 5 of them are informal. Meaning that a person calls us,
or emails us, and we give them an answer that, that answer
could be within 5 minutes. It could take a month, but, uh,
the board will discuss it at times, but it's not a formal
formal opinion. In other words, it's not, uh, addressed to
the individual and it's not signed by the executive
director that is me or by our chair.
Probably now about 3 or 4 times a year. We get a question
that is of General import or it's, so, factually
complicated, that the board issues, an individual advisory
opinion that either is signed by me or signed by the chair.
And then we make that opinion, public by law. But by law,
we also have to redact out the names of the individuals
that are involved in the Departments because all board
opinions are confidential. So the rule just clarifies that
Uh, next what it does is it um it updates actual practice
practice that has developed in the past 12 years with the
office of Inspector General, because board opinions are
confidential.
Um, the Inspector General simply can't say, hey, we
understand that you issued, you know, Mr. Smith an advisory
opinion. We cannot release the fact that we issued an
advisory opinion or the substance of an advisory opinion.
Unless we have a waiver from of confidentiality from the
individual to whom we issued that opinion.
So what this does is it just codifies practice and the
practice has been that when the Inspector General is
investigating somebody who then says, yes. You know, I did
receive an opinion from the board of ethics and of course
people are obligated to answer truthfully. If an IG
investigator says, did you ever consult the board of
Ethics? They have to answer truthfully, if they say, yes I
did. Then what this rule does is codify actual practice,
where the individual doesn't have to come to the board of
ethics and say, hey board. I'm under investigation by the
IG, I'd like to waive my confidentiality with you. Rather,
what happens is they wave their confidentiality with the IG
and then the IG simply transmits, their waiver of
confidentiality to us when they asked us for the substance
of the opinion that we gave. So it just, it just really
clarifies and streamlines actual practice. And then it
clarifies that, uh, meetings with the subject. Uh, it
clarifies also that we can ask the board of Ethics. Uh, we
can ask the Inspector General for further investigation,
that's
Specifically, what the law provides. And we've done that on
a on numerous occasions, when the IG, uh, submits a
completed investigation to us. Oh, we can clarify that. Um,
if we're in the process of finding probable cause the rules
currently provide for only 1 extension, unless it's at the
board's discretion, we just want to make that clear because
we have had a number of probable cause matters where the
board was not able to resolve it. After 1 confidential
meeting, they have to call the subject in the subject's
attorney. Back in some cases 3,
3 or 4 times before the board could come to a satisfactory
decision. And then we want to add this is a very important
1. We want to add at the uh request of the Law Department.
The uh, Law Department does have the ability to settle
board matters that the board has already referred to the
law department for a confidential hearing. After the board
makes a finding of a violation. The law department does
have the inherent authority to settle those matters, but
what this law, what this change will do was put that is put
that in the rules and regulations so that the law
department is protected, the board of Ethics is protected.
And also, what the rule will do is make sure that Law
Department settlements which do not need board approval, by
the way, that they are, in the same format,
When they get made public as board settlements. So that's
really what we're talking about is to give the Law
Department uh, a little bit more leeway and we want to make
sure that the rules reflect that leeway.
and then to clarify actual practice uh just in terms of
every year when we send out uh reminders to people who have
to file their statements of financial interests. We wanted
to modernize this because a couple of years ago, the filing
deadline for those forms was moved up a month. From May the
that are not Plumbing related,
not landscape related, but they're actually City service
related. For example, somebody that you hire to consult
with on real estate or zoning matters or somebody that you
hire to help you with your monthly Ward newsletter or your
weekly, you know, your weekly Communications.
Those people currently have to file if they are
individuals, but we want to cover what we want to cover is,
when a city council member will hire a company or an
entity.
Entities are not individuals, entities are not required to
file statements of financial interests, but we want to make
sure that the individuals who are affiliated with that city
council contractor who are actually doing the work that
they're the ones who file statements of financial interests
with the board of ethics.
And then we want to bring um we want to bring rule 6-4 into
compliance with the revised lobbying laws and here I again
want to give a shout out uh to Alder to chairperson Martin.
Who is very responsible for the fact that we now have a
superb lobbying law that in our view fairly covers not for
profit lobbyists but we just want to revise the rule that
streamlines the process by which lobbyists from not
for-profits. Can have their annual registration fees
waived. So it's really just simplifying the process and
then we want to um,
We just want to clarify that individuals who file
statements of financial interests are also required to
complete, uh, in-person ethics training once every 4 years.
And finally, clarify that the board can notify lobbyists,
uh, who are laid on training via certified mail or first
class mail.
Or email. So in other words it's again we're moving away
from certified mail. So um
that standard there but
Excuse it, elsewhere. Oh, uh, it's it's actually Universal.
So, all of our notices, um, are it's certified mail,
optional. So that's just a clarification with respect to
lobbyists because there's a separate rule that covers
Communications with lobbyists.
So we still could send out certified mail and we still
might. If for example we get crickets. If uh, you know,
that's just another, it's another tool in our Arsenal and
I'm not looking to spend more money on certified mail. I'm
just wondering, do we need to require certified mail for
the lobbyists Communications know? I don't believe we do,
uh, we have all of their email addresses. We have all of
their phone numbers in our experience. Uh, when we send out
certified males, they just come back, unopened Fair, okay.
Uh, thanks for the clarification. Yeah.
Thank you Alderman. Wanted to recognize all the women leave
for purposes of Quorum. Other questions Alderman, Lawson.
Thank you, chair. Uh, thank you director, Berlin. Uh, just a
couple quick things, you answered most of them. Um, so just
to be clear when the Law Department settles uh, matter.
It's now in it in the same format as the board. Correct.
And it was, was always made public. Oh yes, settlements are
settlements are always made public. In fact, we have had 1
case that was settled by the law department and uh, it is
public. So great great. Um,
I love the gender neutral language. Thank you for doing
that. It's June, happy Pride. Um there is still why you're
using city council member as opposed to the state term
Alder person.
uh,
I think just for consistency because I think we had city
council member in there once or twice before. So, just for
consistency purposes, we'll just use that term. I might, I
might suggest you use all the person everywhere, um, and
then just the last thing. So, um,
I have a contractor that works on Communications, right?
And I have 1 person who's assigned to me but sometimes
other people cover and then of course the head of that
company also looks at things that are done, who in that
company has to file and and and, you know, and take ethics
training and all of that. That's right. Uh, very good
question. Um, in that circumstance, certainly the person
that works for you. In other words, the person that comes
into your office or that you're communicating with via
email and reviewing documents, you mentioned the person who
might own the company, who actually could review the work
of that individual. The intention here. Is that that
person would also file, okay, so but the person so my
person's uh pregnant uh so the person who covers her
maternity leave
Is that, you know, which is separate from the person who I
have on a day-to-day basis of the person. If they are, if
they, if, if the person who covers is actually doing work
for you, in other words, we're doing work for your office.
That's not Landscaping. It's not Plumbing, that's sort of
thing. Yes. So that that's, I'm just sort of understanding
the schedule, right? Like, there's a whole team of folks.
Some person might staff me on 1 day that the other 2 are
out. But you know, someone who is
More regular in the office, or is there a standard of that
that is? There's not a standard. It's really anybody who
actually does the work. So even if it's a substitute, uh,
if the substitute, um, you know, answers questions that you
or your staff have right or covers for the individual, um,
then yes. The, the intention here is that those folks would
also file. And those folks would be subject to Citi ethics
training requirements. I may give you a list of what they
do and who does what? I mean, there's a person who pulls
Clips every morning and emails those out. I don't interact
with that person at all.
Does that meet the threshold of something? When you say
pull Clips, what do you mean? So, uh, there's a Google
alert right for my name for 44th Ward. You know that, you
know, I assume that she's doing it by Google alert. Um, you
know, that pulls together anytime City stuff has mentioned,
I mentioned and I get a email every morning that has all of
the press Clips. Yeah, where I'm in. So I went through the
network even though I don't interact with that person.
That's no, but that, well not, you don't directly.
But you get the email from that person, right? So, yeah, so
I guess maybe some clarification on that is helpful for
those of us that are, that are hiring a company, right?
It's not just the HR person or the head of the company,
correct? Most people doing the work and at what level that
they're doing it because I would not have thought about my
daily email at all, um, because I don't actually work with
her.
She's doing work on my pipe though so maybe some clarity,
there would be okay as you guys. It's a good point forward.
Great, that's all then. Thank you.
All right, I think that does it for questions, director.
Thank you very much for doing this. We appreciate it. We
know it's been a number of years since you did this and Mr.
Chair. I truly appreciate that the opportunity to come and
speak with your colleagues about it. Yeah. Um, so, you
know, we put these, we put these rules out or Board of
Ethics. Rules are probably not the most exciting thing in
the world.
But I really appreciate the opportunity to come and explain
them. We're we're happy that you're able to do so uh okay
well they're being no further business before the
committee. Can I get a motion to adjourn?
Alderman lost and so moves all those in favor signify by
saying, I all those opposed in the opinion of the chairs
that I've have it. The meeting is adjourned. Thank you all.