City of Evanston Board of Ethics met April 18.
Here is the minutes as provided by the Board:
DECLARATION OF QUORUM
Chairman, M. Sheldon declared that the Board had a quorum, with all members present
and called the meeting to order at 7:03 p.m. M. Sheldon reported that the Board had
three pending complaints under the Code of Ethics to review at the meeting and
requested staff attorney overview of the complaints received.
(A)Review Code of Ethics Complaint filed by Madelyn Ducre 17-BOE-001: M.
Masoncup provided a report that the City’s Law Department received an Ethics
Violation Complaint from the Complainant, Madelyn Ducre on March 13, 2017.
The respondents to the complaint are Alderman Delores Holmes and Alderman
Elect Robin Rue. The Complaint was distributed to the entire Board for review
prior to the meeting.
(B)Review of Code of Ethics Complaint filed by Betty Ester 17-BOE-001: M.
Masoncup summarized the second complaint filed by Betty Ester on March 15,
2017. The respondents to the complaint are Alderman Delores Holmes,
Alderman Peter Braithwaite, Alderman Eleanor Revelle, Mayor Elizabeth Tisdahl,
and Alderman Elect Robin Rue. The Complaint was distributed to the entire
Board for review prior to the meeting.
(C)Review of Code of Ethics Complaint filed by Misty Witenberg 17-BOE-002:
M. Masoncup summarized the second complaint filed by Betty Ester on March
23, 2017. The respondent to the complaint is Alderman Delores Holmes. The
Complaint was distributed to the entire Board for review prior to the meeting.
M. Masoncup reported that the Board scheduled the first two complaints to be reviewed
at the next regularly scheduled Board of Ethics meeting on March 21, 2017. The Board
did not have a quorum and had to reschedule the hearing to the next regular meeting,
April 18, 2017.
Madelyn Ducre 17-BOE-001:
M. Ducre addressed the Board and outlined her process to file the complaint. M.
Sheldon requested that she explain her allegations of violations of the Code of Ethics.
She relayed that she filed the complaint because she wanted Betty Ester’s complaint to
be answered.
Betty Ester 17-BOE-001
B. Ester reviewed the five allegations contained in her complaint with the Board. First,
she relayed that she alleges it is improper for current elected officials to endorse
candidates. Second, she stated that she believes it was improper for Alderman Holmes
to use City email to endorse a candidate. Third, B. Ester complains that Robin Rue
cannot serve on the Compensation Committee if she plans to run for alderman. Fourth,
B. Ester said that she believes it’s a violation of the Code of Ethics for Robin Rue, as a
member of the MWEBE Committee to present a grant funding request to a different City
committee, Economic Development Committee, as a contractor and subsequently an
employee of Sunshine Enterprises in 2015 and 2016. Lastly, B. Ester explained to the
Board that she alleges a complaint that a business owned by Robin Rue, Signature
Construction Services, cannot receive NSP funding if the company was involuntary
dissolved by the Secretary of State at the time of funding. M. Sheldon asked for
clarification that she was questioning both the endorsement of a candidate by an
elected officials and an endorsement done by email as separate allegations of violations
of the Code of Ethics.
Alderman Holmes addressed both the Ducre and Ester complaints. She stated that the
City changed from an Outlook email system to Gmail email system in January 2017 and
was having a difficult with the transition. She contacted the City’s IT Department for
help retrieving email addresses of people on her contact list for an endorsement of 5th
Ward candidate, Robin Rue. She wanted to send it to a list of e-mail addresses for
persons that subscribe to her e-newsletter.
Alderman Elect Robin Rue stated that her office is located at 1900 Asbury and is not
owned by the City. She stated that she is a member of the MWEBE committee; it
doesn’t make recommendations for CDBG funding. She was hired in 2015 as a
contractor for Sunshine Enterprises and hired on full-time in 2016 as a program
manager. As program manager she does not have the authority to execute contracts or
negotiate contracts. Lastly, she told the Board that Signature Construction Service
completed the work to rehab residential homes through the NSP grant funding program
in 2013 and sold the company in 2014.
Alderman Revelle said that her endorsement of Robin Rue was not done with City email
or any other City resources. Alderman Braithwaite said that he did not use City email or
any other City resources to make the endorsement of Robin Rue.
Misty Witenberg 17-BOE-002
Misty told the Board that she emailed Alderman Holmes and Mayor Tisdahl her
concerns with campaign activities. She said that wanted to privately sort out the issue
and found out that her emails to Alderman Holmes were forwarded to an individual that
she believes is a campaign manager for another candidate for alderman in the 5th Ward.
She submitted a Freedom of Information Act request to receive copies of the emails
attached to her complaint.
Alderman Holmes spoke about her intial contact with M. Witenberg in early December.
She answered questions that M. Witenberg had about the position as alderman.
Alderman Holmes indicated that she was concerned about M. Witenberg’s statements
about “race wars” in the community. She said that she accidently forwarded the email
onto the co-chair of a neighborhood group called “West Evanston Strategic Team”, Jan
Alexander. She stated that she would have done so intentionally because of her
involvement in WEST, but this was not intentional act. She also forwarded the email
onto Dar Francellno, the Mayor’s Administrative Assistant for her to print her a copy.
M. Sheldon adjourned the Board to executive session pursuant to 5 Illinois Compiled
Statutes (“ILCS”) 120/2a, to discuss agenda items regarding ethics complaints,
pursuant to the exceptions of the Open Meetings Act, 5 ILCS 120/2(c)(11), (c)(15).
The Board re-convened into Open Session and K. Bierman read the Board’s findings
which will be circulated in a separate report, findings were as follows:
1. Madelyn Ducre’s complaint raises the same Code of Ethics issues raised by Betty
Ester’s complaint, therefore the complaints will be decided together.
2. Elected officials are permitted to endorse a candidate for office. Therefore, the
allegations made by B. Ester and M. Ducre against Mayor Tisdahl, Alderman Holmes,
Alderman Braithwaite, and Alderman Revelle for providing endorsements to candidates
are found to be without merit and not a violation of the Code of Ethics.
3. Distributing endorsements via City email is a violation of the Code of Ethics, which
will be covered by an advisory opinion to be reviewed and approved at the next meeting
and covered at upcoming staff training to the City Council.
4. B. Ester and M. Ducre’s allegations against Robin Rue’s service on the City
Compensation Committee which voted to give aldermen raises is not a violation of the
Code of Ethics.
5. B. Ester and M. Ducre’s allegations that Robin Rue’s company, Signature
Construction Service’s involvement with the NSP program is not a violation of the Code
of Ethics as alleged.
6. The Board took two remaining allegations under advisement and will deliberate
further at its next meeting. The first issue is the potential conflict of interest between
Sunshine Enterprises and Robin Rue raised by B. Ester and M. Ducre. The second
matter that the Board took under advisement is the complaint filed by Misty Witenberg
alleging improper forwarding of emails sent to Alderman Delores Holmes by Witenberg.
The Board called for a Special Meeting to be held on May 2, 2017 at 6:30 p.m. to
reconvene on the remaining issues before the Board and to review draft advisory
opinions.
ADJOURNMENT
Upon motion and second, the meeting was adjourned at 9:53 p.m..
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