Du Quoin adding conflicts of interest to city ethics code, but tempers erupt
The city of Du Quoin is adding conflict of interest language to its ethics code, along with language prohibiting elected officials from holding two conflicting offices, and language stating that city employees with second jobs cannot let the second job affect their employment with Du Quoin.
The three new provisions are being added to the part of Du Quoin's city code called "Ethics, Gift Ban and Conflicts of Interest," at the behest of the Illinois Municipal League, which is urging all Illinois communities to update their ethics codes to reflect mandates from the Illinois legislature.
Updating city code is usually a fairly wonky exercise but at Monday's city council meeting it prompted a surprisingly bitter exchange between Commissioner Chuck Genesio and the city's director of special projects, Chuck Novak.
Novak was presenting the new provisions as a proposed ordinance, which the council ultimately voted 3-2 to post for public display. Four commissioners had no questions, but Genesio objected to the ordinance, saying the new provisions were in direct conflict with "two or three chapters of our existing (ethics) code." "We need to go through our (existing) code and revise it step by step. Let's table these ordinances until we can straighten our own code out," Genesio urged.
He said he is unhappy with a lack of specificity in the proposed language that warns employees that by engaging in certain conduct they "may" be opening themselves up to conflict of interest charges; and added the council has not talked about the conflicts between union contracts and this.
Novak said there aren't any conflicts between the additions to the ethics code and union contracts. He asked Genesio why he was willing to circumvent state law (laws requiring municipalities to have up-to-date ethics codes in place).
"I agree there could be some changes (to the existing code)," Novak said Monday. "But you are suggesting we not adopt the conflict of interest (provision)."
Genesio replied, "No, I'm not."
"I never said I wanted to circumvent state law," Genesio added. "I'm just saying our code is a mess."
Genesio also raised questions about the makeup of Du Quoin's new ethics commission, whose members will be suggested by Mayor Guy Alongi and confirmed by the city council. The commission will be impaneled to hear complaints.
"I have no way of knowing what those relationships might be between (the mayor) and the appointees," Genesio said, seeming to suggest the mayor could appoint friends who would dispose of complaints the way the mayor wanted.
Alongi was offended by the suggestion, in conversations with the Du Quoin Call on both Wednesday and Thursday.
"Has he ever voted against any of my nominees?" the mayor said heatedly. "The bottom line is all the people I bring before the council to be on the boards and commissions have to be voted on by a three-fifths majority of the council."
The argument ended when the council voted 3-2 to put the ordinance on public view for two weeks. The council is expected to pass the ordinance at its next meeting, June 28. Genesio and Commissioner Mike Ward voted against putting the ordinance on public display. A call to Ward to find out why he voted against it was not immediately returned on Thursday.
Multiple attempts to reach Genesio since Monday to get a detailed understanding of his objections, were unsuccessful. Du Quoin's original ethics code came into being in 2004, after the Illinois legislature called on all local governments to "codify" rules about not accepting gifts, and the limits to city employees' political activity. At the time the Illinois Municipal League drafted a model law that communities could adopt.
About four or five years ago, the legislature wanted those ethics codes expanded to include conflicts of interest, conflicting offices held by one individual and second jobs.
Mayor Guy Alongi said the issue slipped through the cracks in Du Quoin - as it did in other communities.
But Du Quoin's code expert Frank Heiligenstein sent the city a letter May 17, reminding the city it is missing provisions in its code, and recommended he (Heiligenstein) be hired to make a list of all the deficiencies and bring Du Quoin back up to compliance. Heiligenstein has worked with Du Quoin over three or four decades and every year goes over the city's codes to make sure they are up to date.
As a result, Alongi said, Du Quoin has some of the most up to date codes among area municipalities.
On Wednesday, Novak said it is important that Du Quoin put these conflict of interest rules in place as soon as possible. The city has never had a conflict of interest complaint, he said, but it is a measure of good government that the mechanism be ready if a complaint arises.
"So postponing this and not dealing with these mandates is just a trip down the road to avoid something that I don't understand," he added.
Alongi agreed, and said the codes are here to keep everyone honest.
"It puts a mechanism in place where if there is a conflict of interest so severe it has to go before a committee, it will," Alongi said. "Do you wait till something happens before you put something in place? This is part of being an honest, open and transparent government, where you do the business of the people."
A conflict of interest can arise when an elected or appointed official can benefit financially from a decision he or she has influence over. Conflicting offices means being on two or more boards whose interests collide - like a local school board and a county board, for example.
The third new provision regarding employees with second jobs makes it clear that their primary responsibility is to Du Quoin.
"The code is not a mess," Novak said Wednesday. "The code can be updated, but what needs to be there is there."
The updates are mandated by state law, he added, "so let's get it done. If we want to clean up the rest of it later, fine."
On Thursday, Alongi had harsh words for Genesio, saying his "banter" with Novak was disrespectful, and suggested Genesio seems to be trying to put roadblocks up for no reason.
He said it might be because Genesio's request for a $100,000 backhoe for the water department in late January was rejected, temporarily, by the rest of the council. Commissioners argued that while the backhoe was needed, many of the city's employees were taking wage freezes at the time, and a 15% property tax hike had been enacted to raise money for the fire and police pension funds. His colleagues asked Genesio to prepare cost justifications, and wait a little while to bring it back up with the council.
Genesio did not bring up the backhoe on Monday.
"As a mayor I have a city to run, I don't have time to deal with petty attitudes," Alongi continued. "Look at all the grants we've got. As an elected official you can either be a part of that success or fight progress. All our legislative grants have been geared to the water department, which is his baby. If you look at the money that has been pumped into his department since we came into office - it's more than all other departments combined."
Alongi said he has the "utmost respect" for Genesio as a person and for his abilities. "He is an extremely smart individual, no question," the mayo added. "But the city has to do its business and I'm going to move this city forward."
Again, Genesio could not be reached to respond to the mayor.
On Monday, Genesio said he brought up objections at the May 24 meeting that he said were apparently ignored.
I never really got my question answered when I asked why this was being proposed last time," he said
Alongi said he recalled that on May 24 Genesio also said he would contact Novak privately and discuss the issues he had with the ordinance. He asked Genesio why he hadn't done that.
"Well, you (Novak) sent me a browbeating email the next morning with a copy of the ordinance that says this is as it was," Genesio said. "You said that it was already in the existing ordinance, which it's not, it's new language. That's why I didn't respond."
Novak, however, said he sent Genesio a different ordinance, one that updates and codifies the responsibilities of Du Quoin's mayor, city council and department heads.