Chicago City Wire

BOARD OF ETHICS

BOARD OF ETHICS MEETING

OPEN SESSION MINUTES

DECEMBER 11, 2023, MONDAY-4:05 P.M.

740 NORTH SEDGWICK, SUITE 500

BOARD MEMBERS PRESENT 

William F. Conlon, Chair

Ryan Cortazar

David L. Daskal

Norma Manjarrez

Hon. Barbara McDonald

STAFF PRESENT

Steven I. Berlin, Executive Director

Lisa S. Eilers, Deputy Executive Director

Richard Superfine, Legal Counsel

Lauren Maniatis, Attorney/Investigator

Paully Casillas, Staff Assistant

GUESTS ATTENDING

Pete Czosnyka, Citizen

A.D. Quig, Tribune

Sanford Roth, Office of Inspector General

Tessa Weinberg, WBEZ

The meeting was convened and conducted in person and through the use of the Zoom remote video and audio meeting platform.

I. APPROVAL OF MINUTES

The Board VOTED 5-0 to approve the Open Session Minutes of the November 13, 2023 meeting.

II. CHAIR’S REPORT

The Chair reported that at last week’s COGEL (Council on Governmental Ethics Law Conference), he

attended the luncheon at which the Board’s Executive Director received the 2023 COGEL Award.

III. MEMBERS’ REPORTS

None

IV. EXECUTIVE DIRECTOR’S REPORT

A. Amendments to the City’s Ethics Laws

The Board’s own proposals. On November 14, pursuant to its powers and duties under §§2-156-

380(e), (f), and (g) of the Governmental Ethics Ordinance, the Board formally submitted its revised

proposed amendments to the City’s ethics laws to the Mayor and City Council. They are posted

Open Session Minutes

December 11, 2023

Page 2

here: https://www.chicago.gov/city/en/depts/ethics/provdrs/reg/news/2024/november/pro

pAmends.html

These proposals: i) would impose tighter regulation of City Council independent contractors; ii)

address the use of photographs of City property (such as Chicago Police or Fire Department

insignia, badges, uniforms, or equipment) in electioneering communications by, among other

things, subjecting political fundraising committees to the Ordinance’s restrictions, thereby

granting the Board and Inspector General jurisdiction over such committees in this respect; iii)

address improper coercive electioneering communications addressed to City employees or

officials, and impose a “stand by your ad” requirement that candidates for City office certify that

they have reviewed all electioneering communications disseminated by their authorized political

fundraising committees; iv) clarify the political activity prohibitions; and v) address closing a gap

in the City’s campaign contribution limitations law, realizing that work is being done on a public

financing law, which, if enacted, could moot this recommendation.

(Note: the Board’s proposals do not address changes to the City’s lobbying laws, or the latest

proposals to make the position of alderperson full-time. (Those are, respectively, the subjects of

O2023-0002937: https://occprodstoragev1.blob.core.usgovcloudapi.net/matterattachmentspub

lic/28740a2a66d9-4f04-8afa-073b7e0c825f.pdf,

O2023-2167: https://occprodstoragev1.blob.core.usgovcloudapi.net/lsmatterattachmentspublic

/b6c99d86-fa94-4462-9d4a-14f7f1c6e2ff.pdf

and O2023-0002228: https://occprodstoragev1.blob.core.usgovcloudapi.net/matterattachments

public/66607fc5-83d1-40e9-a76d-4771988d09cb.pdf).

However, we have researched how our peer cities handle this City Council outside employment

issue (New York City, Philadelphia, Washington DC, Atlanta, San Diego, Los Angeles, San Francisco,

and Seattle), and will make this information available to the public and the City Council’s

Committee on Ethics and Government as appropriate.

Lobbying Law Revisions. Board legal staff has worked closely with representatives from the City

Council’s Committee on Ethics and Government Oversight, Mayor’s Office, Law Department, and

the philanthropic and public charity communities on amendments. Last week, I attended four (4)

briefings for City Council members on the amendments. Today, I testified in favor of the current

substitute ordinance, submitted by Ethics and Government Oversight Committee Chair Ald. Matt

Martin (47th). The Committee approved the substitute, and it will be before the full Council on

Wednesday for approval.

By way of highlight, the amendments would: i) re-impose thresholds for all individuals that must

be met before they would be required to register as lobbyists (more than 20 hours in lobbying as

defined, or expending or being compensated more than $1,250 for lobbying as defined, per

calendar quarter); ii) exempt individuals who lobby solely on behalf of any nonprofit with an

operating budget or a net assets or fund balances of less than $5 million dollars; iii) cap all lobbying

fines at $20,000 per violation; iv) add a “self-defense communication” exemption from lobbying

for non-profits; v) codify Board opinions from late 2019-early 2020 that nonprofit personnel who

serve on advisory committees at the City’s request are not thereby lobbying unless they advocate

for new resources or programs for their own nonprofit; and vi) clarify which actions constitute

“administrative action” and “legislative action.”

The measure would not take effect until July 1, 2024; until then, the Board will work closely with

the Committee to engage in education and outreach efforts.

Open Session Minutes

December 11, 2023

Page 3

Note that 122 individuals from the non-profit community are already registered with the Board.

B. 2023 COGEL Conference

Last week, staff attended the annual Council on Governmental Ethics Laws (“COGEL”) Conference

in Kansas City, MO, together with more than 450 other attendees from ethics, lobbying, and

campaign financing regulators, private practitioners, and academics from all over North America.

Personally speaking, I was honored to be the recipient of the 2023 COGEL Award, and am pleased

and touched to report that Chair William Conlon made a special appearance at the award

presentation. For more on the award and its previous recipients, please see: https://www.cog

el.org/page/Call4Nominations

The 2024 annual conference will be held in December 2024 in Los Angeles.

C. 2024 Statements Financial Interests

In late January 2024, we will contact all departments, ward offices, City Council committees, and

the Mayor’s Office of Intergovernmental Affairs, to compile the list of all those City employees and

officials who will be required to complete these Statements for 2024. Then, on February 28/March

1, as required by law, we will notify approximately 3,925 City employees and officials required to

file 2024 Statements of Financial Interests (“FIS forms”) of their requirement to file before May 1,

2024, with the link to file electronically.

All filed 2023 forms are posted and viewable here, where they stay for seven (7) years after they

are filed: https://webapps1.chicago.gov/efis/search

D. Education

On-line Training

For all employees and officials.

To date, approximately 31,666 employees (and 33 City Council members) have completed

the 2023 mandatory online training (~ 97% of the expected total). The deadline for

completing the training is before January 1, 2024. We are sending out daily reminders via

email to those who have not yet completed their training.

We are grateful to our colleagues at the Department of Human Resources for their invaluable

assistance in migrating the training programs to the City’s e-learning management platform,

as well as assisting us with the sexual harassment portions of each year’s training program.

The migration enables users to take the training from any computer, including their home

computers, and also saves the City $5,000 in annual software licensing fees. Previous training

programs were intentionally designed to be taken only from City computers, for security

reasons.

For all appointed officials.

To date, 321 appointed officials (67% of the expected total) completed the appointed official

version of the training; their deadline is also before January 1, 2024.

Open Session Minutes

December 11, 2023

Page 4

For lobbyists.

We will post all new online training programs in February 2024.

Classes and other presentations

We cancelled all in-person classes from March 2020 on, given the course of the pandemic. We

extended all training deadlines accordingly, and will restart them in February. All Board classes

and educational programs cover sexual harassment. We are reaching out to all City Council offices

to schedule classes for them at Chicago Public Library facilities or their offices. We are also in the

process of scheduling in-person classes for Mayor Johnson and key members of his team.

We presented a class to members of the Board of Health on October 25, and to incoming laborers

from various departments on December 1 and 8, and on the lobbying amendments to Latino

Leaders on December 1.

E. Advisory Opinions

Since the Board’s last meeting, we have issued 317 informal advisory opinions—another busy

period. The leading categories for informal opinions were, in descending order: Gifts; Travel;

Lobbying; Political activity; Campaign financing; City property; Outside employment; Financial

Interest in City business; and Representation of other persons.

The leading City departments from which requesters came in this period were, in descending

order: City Council; Chicago Police Department/Civilian Office of Police Accountability

(COPA)/Community Commission for Public Safety and Accountability (CCPSA); Mayor’s Office;

Department of Public Health; Chicago Public Library; Law Department; and Chicago Fire

Department. 80% of all inquiries came from City employees or elected officials, the remainder

from attorneys, vendors, lobbyists or potential lobbyists.

Again, I am pleased to report that the number of inquiries and complaints from members of the

public continues; we received 21 in this period alone.

Informal opinions are confidential and not made public, but are logged, kept, and used for training

and future advisory purposes. This same practice occurs with our colleagues at the New York City

Conflicts of Interest Board, who issue roughly the same number of informal opinions. They form

the basis for much of our annual and periodic educational programs. Formal opinions are made

public, in full text, with names and other identifying information redacted out.

In the past five (5) years, the Board has issued 67 formal opinions. There are no formal opinions

on today’s agenda for consideration.

F. Summary Index of Formal Advisory Opinions/Text of all Formal Advisory Opinions

The full text of every formal Board opinion issued since 1986 is posted on the Board’s website

(more than 920), redacted in accordance with the Ordinance’s confidentiality provisions, here:

https://www.chicago.gov/city/en/depts/ethics/auto_generated/reg_archives.html.

Redacted formal opinions are posted once issued or approved by the Board. Summaries and

keywords for each of these opinions—and a link to each opinion’s text, which we added since the

Open Session Minutes

December 11, 2023

Page 5

August Board meeting--are available on the Board’s searchable index of opinions, here: https://

www.chicago.gov/content/dam/city/depts/ethics/general/Publications/AOindex.docx.

Only a few other ethics agencies have comparable research tools. We are unaware of jurisdictions

that make their informal opinions public—though others issue them confidentially and enable

requesters to rely on them in the event of an investigation or enforcement.

G. Lobbyists Filings

863 lobbyists are currently registered with us, and we have collected $406,850 in 2023

registration fees. A current list of all lobbyists and their clients was posted last Friday, December

8, here: https://www.chicago.gov/content/dam/city/depts/ethics/general/LobbyistStuff/LISTS

/LobbyistList.xls Lobbyists’ filings dating back to 2014 can be examined here: https://webapps

1.chicago.gov/elf/public_search.html.

Third quarter lobbying activity reports were due before October 21. All lobbyists were sent

weekly reminders of this deadline, beginning September 30. Lobbyists who did not timely file their

reports were sent reminders on October 25, 2023 to file before November 9; 14 did not and were

sent due process letters to file no later before November 25 or they would be found in violation.

Seven (7) did not file and were found in violation. For one (1) lobbyist a fine of $ 1,000 per day

began accruing on November 27, 2023 and stopped when that lobbyist filed on November 30th.

That lobbyist was sent a demand letter to pay a $4,000 fine. The names of all seven (7) were

published as having violated the Ordinance, one showing a fine of $4,000.

All registered lobbyists must re-register or terminate their registrations before January 21, 2024.

Weekly emails notifications and reminders will be sent to all registered lobbyists beginning

December 20.

H. Sister Agencies

We have been consulting with our colleagues at the Chicago Public Schools (CPS) regarding the

election next year of school board members. We will next meet with our fellow ethics officers from

all the sister agencies, as well as the Cook County Board of Ethics and Cook County Assessor’s

Office, in March 2024.

I. Update of Vendor Databases

As required by law, the City’s Department of Assets, Information and Services (“AIS”) maintains a

database of persons/entities that are doing and have done business with the City (as that term is

defined in the Ordinance) going back about eight (8) years, to aid political committees and

candidates who receive political contributions in excess of $1,500. That database was first

developed in 1998. Recently we worked closely with the Mayor’s Office, AIS, the Department of

Finance, and the Department of Procurement Services to improve that database, and met with the

City’s sister agencies to assist them in making their lists of persons that have done business with

them available and easy-to-use. The Ordinance provides that any person who relies on this list is

not in violation of the Ordinance’s contribution restrictions if the purported violation relates to

the identity of the contributor. The new, improved database of persons who have done business

with the City was posted here: https://www.chicago.gov/city/en/depts/ethics/supp_info/list-of-

contractors.html and several sister agencies have updated their databases as well.

Open Session Minutes

December 11, 2023

Page 6

J. Chicago Casino

As to the development of the Casino, we issued guidance on lobbying to all elected officials, at

former Mayor Lightfoot’s request, and we issued guidance on the restrictions in the Ordinance for

the ~80 City employees and officials who worked on the process of selecting the Casino operator,

also at Mayor’s request. We worked closely with the Law Department, Mayor’s Office, and the

City’s outside counsel (Taft, Stettinius and Hollister) to ensure that City personnel are informed of

all reporting (and eventually, substantive ethics) requirements and prohibitions under the Illinois

Gambling Act, 230 ILCS 10/1 et seq. Penalties for violating this law are severe: it is a Class 4 Felony

under Illinois law, subjecting violators to fines up to $25,000 and 1-3 years in prison. Note that the

Gambling Act’s reporting requirements are in addition to the restrictions in the Ethics Ordinance

that would apply to those “applicants” who “communicate” with City officials or employees, such

as the Ordinance’s gifts restrictions and lobbyist registration requirements. We worked with the

Law Department on final guidance to be sent to all City governmental personnel as to applicable

ethics rules, such as accepting gifts or food or drink—this guidance was issued on September 8,

2023.

K. Waivers

Since July 1, 2013, the Board has had authority to grant waivers from certain provisions in the

Ethics Ordinance. The Board has granted eight (8) and denied three (3) waiver requests.

L. Summary Index of Board-Initiated Regulatory Actions/Adjudications/pre-2013 Investiga-

tions

We post a summary index of all investigations, enforcement and regulatory actions undertaken by

the Board since its inception in 1986 (other than those for violations of filing or training

requirements or campaign financing matters). It includes an ongoing summary of all regulatory

actions the Board undertook without an IG investigation, based on probable cause findings the

Board makes as a result of its review of publicly available information, where no factual

investigation by the IG is necessary. See https://www.chicago.gov/content/dam/city/depts/eth

ics/general/EnforcementMatters/Invest-Index.pdf

The Board makes public the names of all violators and penalties it assesses when authorized by

law to do so. But only in those that occurred after July 1, 2013, can the Board release the names of

those found to have violated the Ordinance. Since July 1, 2013, there have been nearly 90 such

matters.

M. Summary Index of Ongoing/Past IG/LIG Investigations/Adjudications

There are currently eight (8) completed IG ethics investigations in the process of adjudication.

The first, 23045.IG, was sent to the Law Department for the drafting of charges and an

administrative hearing, pursuant to §2-156-392.

The second, 23043.IG, was returned to the IG for further investigation in May 2023. The IG

completed its supplemental investigation; the matter is on today’s agenda for a meeting with the

subject, based on these supplemental investigative materials.

Open Session Minutes

December 11, 2023

Page 7

In the third, 23050.IG, the Board found probable cause and met with the subject’s counsel in

November. It is on today’s agenda for consideration of further action.

In the fourth and fifth, 23054.IG and 23055.IG, the Board found probable cause at its November

meeting and will meet with the subject and/or subject’s attorney at the Board’s February meeting.

In the sixth, 23053.IG, the Board found probable cause at its November meeting and the subject’s

attorney has indicated they will submit written materials for the Board to consider (in the

subject’s attempt to rebut the Board’s probable cause finding) at its January meeting.

In the seventh and eighth, 23059.IG and 23063.IG, the IG submitted its completed investigations

to the Board on November 14 and November 20, respectively. They are on today’s agenda’s for

findings of probable cause.

More complete summaries of these cases are available on our website, subject to the Ordinance’s

confidentiality requirements. We post on our website and continually update an ongoing

investigative record showing the status of every completed investigation brought to the Board by

both the Office of Inspector General since July 1, 2013, and the former Office of the Legislative

Inspector General (“LIG”), since January 1, 2012, and the status of all 50 petitions to commence

investigations presented to the Board by the LIG. We update this record as appropriate, consistent

with the Ordinance’s confidentiality provisions. See https://www.chicago.gov/city/en/depts

/ethics/provdrs/reg/svcs/ongoing-summary-of-enforcement-matters.html and https://www.c

hicago.gov/content/dam/city/depts/ethics/general/EnforcementMatters/PulbicScorecard.pdf

Whenever the IG presents the Board with a completed ethics investigation in which the IG believes

there have been violations of the Governmental Ethics Ordinance, the procedure that follows is

governed by §2-156-385(3) and (4) of the Ordinance: the Board reviews the IG’s report,

recommendations, and the entirety of the evidence submitted in its completed investigation,

including a review to ensure that the IG conformed with the requirement that it complete ethics

investigations within two (2) years of commencing them (unless there is evidence that the subject

took affirmative action to conceal evidence or delay the investigation), and that the ethics

investigation was commenced within five (5) years of the last alleged act of misconduct.

If the Board finds that the evidence presented warrants a finding of probable cause to believe the

subject violated the Ordinance, it notifies the subject of the allegations and affords the subject the

opportunity to present written submissions and meet with the Board, together with an attorney

or other representative present. The Ordinance provides that this meeting is ex parte – no one

from the City’s Law Department or IG is present. Note that the Board may also request clarification

from the IG as to any evidence found in its investigation before making a probable cause finding,

or refer the matter back to the IG for further investigation (and has done so). The Board cannot

administer oaths at this meeting but can and does assess the subject’s credibility and the validity

and weight of any evidence the subject provides.

If the subject does not rebut the Board’s probable cause finding, the Board may enter into a public

settlement agreement–or the Board may find there was a violation and the Board or the subject

may proceed to a hearing on the merits that is not open to the public. That hearing is held before

an administrative law judge (ALJ) appointed by the Department of Administrative Hearings. The

City would be represented by the Law Department (or a specially hired Assistant Corporation

Counsel for that purpose), and the subject by their attorney. At the conclusion of that hearing, the

ALJ submits their findings of fact and law to the Board, which can accept or reject them, based

solely on the written record of the hearing. The Board will then issue a public opinion in which it

Open Session Minutes

December 11, 2023

Page 8

may find violations of the Ethics Ordinance and impose appropriate fines, or find no violation and

dismiss the matter.

These processes are based on specific recommendations of then-Mayor Emanuel’s Ethics Reform

Task Force in Part II of its 2012 Report–the primary purposes being to: (i) guarantee due process

for all those investigated by the IG; (ii) ensure that only the Board of Ethics could make

determinations as to whether a person investigated by the IG violated the Ordinance, given the

Board’s extensive jurisprudence and unique expertise in ethics matters; and (iii) balance due

process for those investigated by the IG with an accurate adjudication by the Board and the

public’s right to know of ethics violations.

On our website, we have a publication describing this process in detail: https://www.chicago.gov

/content/dam/city/depts/ethics/general/Publications/EnforceProcedures.pdf

Note: fines range from $500-$2,000 per violation for non-lobbying or non-campaign financing

violations that occurred before September 29, 2019, and $1,000-$5,000 per violation for such

violations occurring between September 29, 2019, and September 30, 2022. For violations

occurring on or after October 1, 2022, the fine range is between $500 and $20,000 per violation,

and the Board may also assess a fine equal to any ill-gotten financial gains as a result of any

Ordinance violation. Fines for unregistered lobbying violations remain at $1,000 per day

beginning on the fifth day after the individual first engaged in lobbying and continuing until the

individual registers as a lobbyist.

Please note finally that, in all matters adjudicated or settled on or after July 1, 2013, the Board

makes public the names of all violators and penalties assessed, or a complete copy of the

settlement agreement. All settlement agreements are posted here: https://www.chicago.gov/

city/en/depts/ethics/provdrs/reg/svcs/SettlementAgreements.html

N. Disclosures of Past Violations

July 2013 amendments to the Ordinance provide that, when a person seeks advice from the Board

about past conduct and discloses to the Board facts leading it to conclude that they committed a

past violation of the Ordinance, the Board must determine whether that violation was minor or

non-minor. If it was minor, the Board, by law, sends the person a confidential letter of admonition.

If it was non-minor, then, under current law, the person is advised that they may self-report to the

IG or, if he or she fails to do so within two (2) weeks, the Board must make that report. In 11

matters, the Board has determined that minor violations occurred, and the Board sent confidential

letters of admonition, as required by the Ordinance. These letters are posted on the Board’s

website, with confidential information redacted out.

O. Litigation

Czosnyka et al. v. Gardiner et al., docket number 21-cv-3240. As was widely reported, Judge Shirley

Johnson Coleman ruled on this matter on September 25, granting the plaintiffs’ motion for

summary judgment. The decision is published here: https://casetext.com/case/czosnyka-v-ga

rdiner-2. We are gratified that the Court explicitly cited this Board’s formal advisory opinion in

Case 18038.A.1, which is posted here: https://www.chicago.gov/content/dam/city/depts/ethics

/general/AO-City%20Owned%20Property/18038.A.1.pdf.

The Board and the City of Chicago were previously dismissed out of this case.

Open Session Minutes

December 11, 2023

Page 9

We continue to be asked about when, if ever, City elected officials may block persons from their

official and/or their personal or political sites. Our interpretation of the Governmental Ethics

Ordinance has not changed since issuing our advisory opinion in Case No. 13038.A.1: https://

www.chicago.gov/content/dam/city/depts/ethics/general/AO-City%20Owned%20Property/1

8038.A.1.pdf. Still, we are following the cases argued recently before the U.S. Supreme Court in

O’Connor-Ratcliff v. Garnier (docket # 22-324) and Lindke v. Freed (docket # 22-611), which

involve blocking from personal or political accounts. Obviously, we will follow the law as

announced by the Supreme Court and anticipate a decision next June.

P. Open Meetings Act/FOIA Challenges

The Board is involved in five (5) challenges filed with the Illinois Attorney General by the same

person. These challenges request: (1) a review of the propriety of adjourning into executive

session during the Board’s September 11, 2023 meeting under the Open Meetings Act (“OMA”).

(2) A review of the propriety of adjourning into executive session during the Board’s August 14

and September 11, 2023 meetings under OMA. (3) (i) A review of the propriety of adjourning into

executive session during the Board’s May 16, 2022 meeting under OMA; AND (ii) A review of the

Board not producing certain records pursuant to the Freedom of Information Act (“FOIA”). (4) A

review of the propriety of adjourning into executive session during the Board’s July 18, 2022

meeting under OMA. (5) A review of the Board not producing certain records pursuant to FOIA.

The Board has worked with the Law Department and responded to each. The Board awaits replies

from the Illinois Attorney General.

Q. Freedom of Information Act

Since the last Board meeting, the Board has received four (4) requests. The first request was from

an anonymous user for February-November 2023 minutes and audio/video transcripts; we

responded with links to open sessions, links to the FOIA law denying closed sessions disclosure

and denial of a request for any internet address for open session flash drives.

The second was for FOIA officer voice mails; we responded that we were the wrong department.

The third was for staff business cards; we provided these.

The fourth was for a date to inspect FOIAs and FOIA officer personnel files and training

certificates; we responded with a date for inspection but advised that we were the wrong

department for personnel files.

V. PUBLIC COMMENTS

Mr. Pete Czosnyka again commented that Alderman James Gardiner has taken “20 years of ethics

training” but still apparently ignored the Board’s advisory opinion regarding blocking constituents, and

seems to claim, based on documents in a federal case, to have been advised by Board staff that blocking

him was authorized.

VI. OLD BUSINESS

None

Open Session Minutes

December 11, 2023

Page 10

VII. NEW BUSINESS

None

VIII. PRIOR BOARD MEETING’S EXECUTIVE SESSION MINUTES

This matter shall be discussed in the Executive Session.

At 4:12 p.m., the Board VOTED 5-0 to adjourn to adjourn into Executive Session under: (i) 5 ILCS 120/2(c)(1)

to discuss the appointment, employment, compensation, discipline, performance, or dismissal of specific

employees, specific individuals who serve as independent contractors in a park, recreational, or educational

setting, or specific volunteers of the public body or legal counsel for the public body, including hearing

testimony on a complaint lodged against an employee, a specific individual who serves as an independent

contractor in a park, recreational, or educational setting, or a volunteer of the public body or against legal

counsel for the public body to determine its validity. However, a meeting to consider an increase in

compensation to a specific employee of a public body that is subject to the Local Government Wage Increase

Transparency Act may not be closed and shall be open to the public and posted and held in accordance with

this Act; (ii) 5 ILCS 120/2(c)(4) to hear and discuss evidence or testimony in closed hearing as specifically

authorized pursuant to Governmental Ethics Ordinance Sections 2-156-385 and -392, and the Board’s Rules

and Regulations, as amended, effective January 5, 2017, presented to a quasi-adjudicative body, as defined

in the Illinois Open Meetings Act, provided that the body prepares and makes available for public inspection

a written decision setting forth its determinative reasoning; and (iii) 5 ILCS 120/2(c)(21) to discuss minutes

of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or

semi-annual review of the minutes as mandated by Section 2.06.

At 5:21 p.m. the Board VOTED 5-0 to reconvene in Open Session.

IX. MATTERS CONSIDERED BY THE BOARD IN EXECUTIVE SESSION

I. APPROVAL OF THE EXECUTIVE SESSION MINUTES

The Board VOTED 5-0 to approve the Executive Session Minutes for the November 13, 2023

meeting.

II. OLD BUSINESS

None

III. NEW BUSINESS

None

IV. CASEWORK

Open Session Minutes

December 11, 2023

Page 11

A. Status After Meeting with Subject Pursuant to §§2-156-385(1)-(3) of the

Governmental Ethics Ordinance

1. Case No. 23050.IG, Offering, receiving and soliciting of gifts or favors

The Board VOTED 5-0 to proceed to a Hearing on the Merits, pursuant to §2-156-392, to

enforce the Board’s decision.

B. Campaign Financing—Status Report; Consideration of Response After Probable Cause

Finding

2. Case No. 23056.CF, Limitation of contributing to candidates and elected officials

The Board VOTED 5-0 to close this matter, after hearing staff’s report that the excessive

amount of a campaign contribution had been properly refunded.

3. Case No. 23057.CF, Limitation of contributing to candidates and elected officials

The Board VOTED 5-0 to request the political committee to attend the Board’s January

2024 meeting, or present written materials, to explain any efforts it has made to refund

excessive campaign contributions.

4. Case No. 23058.EO, Campaign Contribution Under Executive Order 2011-2

The Board VOTED 5-0 to refer the matter to the Office of Inspector General for an

investigation of certain factual questions raised in written materials presented to the

Board by the contributor.

C. Status After Probable Cause Finding, Pursuant to §§2-156-385(1)-(3) of the

Governmental Ethics Ordinance Following Investigation by Office of Inspector

General

5. Case No. 23053.IG, Offering, receiving and soliciting of gifts or favors

The Board VOTED 5-0 to continue this matter to the January meeting.

6. Case No. 23054.IG, Whistleblower protection, Unauthorized use of City property

The Board VOTED 5-0 to continue this matter to the January meeting.

7. Case No. 23055.IG, Fiduciary duty, Prohibited political activity

The Board VOTED 5-0 to continue this matter to the January meeting.

D. Meeting with Subject After Supplement to Report from Office of Inspector General

After Board’s Probable Cause Finding, Pursuant to §§2-156-385(1)-(3) of the

Governmental Ethics Ordinance Following Investigation by Office of Inspector

General

Open Session Minutes

December 11, 2023

Page 12

8. Case No. 23043.IG, Offering, receiving and soliciting of gifts or favors

The Board VOTED 5-0 to dismiss this matter, based on its review of the entire factual

record before it, because the record did not warrant a determination that the subject

violated the Ordinance by a preponderance of the evidence.

E. Consideration of Probable Cause Finding, Pursuant to §§2-156-385(1)-(3) of the

Governmental Ethics Ordinance Following Investigation by Office of Inspector

General

9. Case No. 23059.IG, Offering, receiving and soliciting of gifts or favors

The Board VOTED 5-0 to find probable cause and invite the respondent to meet with the

Board and/or provide evidence for the Board to consider.

10. Case No. 23063.IG, Interest in City business

The Board VOTED 5-0 to find probable cause and invite the respondent to meet with the

Board and/or provide evidence for the Board to consider.

F. Campaign Financing—Consideration of Probable Cause Finding

11. Case No. 23060.EO, Campaign Contribution Under Executive Order 2011-2

The Board VOTED 5-0 to give notice pursuant to §2-156-390 of the Ordinance

(Independent Board findings of probable cause – Prerequisites) to respond to the

Board’s concern about a potential violation of Executive Order 2011-2 (prohibiting

lobbyists from making campaign contributions in any amount to the Mayor or his

committee).

12. Case No. 23061.EO, Campaign Contribution Under Executive Order 2011-2

The Board VOTED 5-0 to give notice pursuant to §2-156-390 of the Ordinance

(Independent Board findings of probable cause – Prerequisites) to respond to the

Board’s concern about a potential violation of Executive Order 2011-2 (prohibiting

lobbyists from making campaign contributions in any amount to the Mayor or his

committee).

13. Case No. 23062.EO, Campaign Contribution Under Executive Order 2011-2

The Board VOTED 5-0 to give notice pursuant to §2-156-390 of the Ordinance

(Independent Board findings of probable cause – Prerequisites) to respond to the

Board’s concern about a potential violation of Executive Order 2011-2 (prohibiting

lobbyists from making campaign contributions in any amount to the Mayor or his

committee).

At 5:32 p.m., the Board VOTED 5-0 to adjourn the meeting.

bd-minutes-1-22-24.os-f

Original source can be found here.