CONFIDENTIAL November 5, 2015 The Honorable , 121 N. LaSalle St., Chicago, IL 60602 Re: Case No. 151696.Q/Volunteer Board Service Dear, On November 2, 2015, you and I spoke about the restrictions imposed on you by the Governmental you become a volunteer member of a Ethics Ordinance (the “Ordinance”) should fundraising committee for an event for church, in Chicago neighborhood the You said that (“Church ”), as church’s community activities have strongly impressed you. this position would involve fundraising efforts. I advised you that nothing in the Ordinance prohibits this, but that there are some restrictions you would need to observe. This letter summarizes these restrictions. At the outset, however, I do advise you to seek counsel as to whether there may be some provision in the in Illinois state law that would prohibit you from City’s Municipal Code or becoming affiliated, even on a volunteer basis, with the board of a religious institution. In other words, please seek legal advice on whether there may be a law or rule that “church-state” addresses whether an elected official (like you) of a home rule unit of government (like the City) may be prohibited from serving on the board of a religious institution. You may wish to seek the advice of the Corporation Counsel, or of your own attorney. In any event, there is nothing City’s in the Ordinance that prohibits this service. The restrictions in the Ordinance to which would be subject, should you join this board, are: 1. Fiduciary Duty. Under §2-156-020, you owe a fiduciary duty to entitled “Fiduciary Duty,” the City at all times in the performance of your public duties. The way our Board has construed this duty, means, for example, that all of your actions and decisions—and votes, should you become a voting member of be, in your judgment, in [the church’s] board—must
CONFIDENTIAL November 5, 2015 The Honorable , 121 N. LaSalle St., Chicago, IL 60602 Re: Case No. 151696.Q/Volunteer Board Service Dear, On November 2, 2015, you and I spoke about the restrictions imposed on you by the Governmental Ethics Ordinance (the “Ordinance”) should you become a volunteer member of a fundraising committee for an event for church, in Chicago neighborhood (“Church ”), as the church’s community activities have strongly impressed you. You said that this position would involve fundraising efforts. I advised you that nothing in the Ordinance prohibits this, but that there are some restrictions you would need to observe. This letter summarizes these restrictions. At the outset, however, I do advise you to seek counsel as to whether there may be some provision in the City’s Municipal Code or in Illinois state law that would prohibit you from becoming affiliated, even on a volunteer basis, with the board of a religious institution. In other words, please seek legal advice on whether there may be a “church-state” law or rule that addresses whether an elected official (like you) of a home rule unit of government (like the City) may be prohibited from serving on the board of a religious institution. You may wish to seek the advice of the City’s Corporation Counsel, or of your own attorney. In any event, there is nothing in the Ordinance that prohibits this service. The restrictions in the Ordinance to which would be subject, should you join this board, are: 1. Fiduciary Duty. Under §2-156-020, entitled “Fiduciary Duty,” you owe a fiduciary duty to the City at all times in the performance of your public duties. The way our Board has construed this duty, means, for example, that all of your actions and decisions—and votes, should you become a voting member of [the church’s] board—must be, in your judgment, in