The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BUSINESS ENTITY
Any business, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust or corporation.
CONFIDENTIAL INFORMATION
Information which is not available to the public under the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq.
FAMILY MEMBER
A spouse, domestic partner, child, grandchild, parent, grandparent, or sibling, or the spouse, domestic partner, child, grandchild, parent, grandparent, or sibling of such spouse, domestic partner, child, grandchild, parent, grandparent, or sibling.
INTEREST
Any direct or indirect benefit accruing to a public official or employee or his or her family members, whether in a public official's or employee's own name or the name of any person as a result of a contract or transaction which is or which is known will become the subject of an official act or action by or with the Village, except for such contracts or transactions which by their terms and by the substance of their provisions confer the opportunity and right to realize the accrual of similar benefits to all other citizens of the Village and except that benefits accruing to any business entity in which a public official or employee holds an ownership interest of less than 7.5% and the award of the contract would not cause the aggregate amount of all such contracts awarded to the same business entity in the same fiscal year to exceed $25,000, shall not be deemed to be benefits accruing to such public official or employee.
OFFICIAL ACT or OFFICIAL ACTION
Any legislative, administrative, appointive or discretionary act of any public official or employee of the Village or any agency, board, committee or commission thereof.
PUBLIC OFFICIAL or PUBLIC EMPLOYEE
Any person, officer or employee holding a position by election, appointment or employment in the service of the Village, whether paid or unpaid, including members of any agency, board, committee or commission thereof; provided, however, that independent contractors shall not be considered public officials or employees.
STATE ETHICS ACT
The Illinois State Officials and Employees Ethics Act, 5 ILCS 430/1-1 et seq., as may be amended.
TRANSACTION
Any matter, including, but not limited to, contracts, work or business with the Village, the sale or purchase of real estate by the Village, and any requests for zoning amendments, variations, planned development approval or special permits pending before the Village, upon which a public official or employee performs an official act or action.
(A) 
The proper operation of democratic government requires that public officials and employees be independent, impartial and responsive to the people they serve; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain or to advance the interest of family, relatives or friends; and that the public have confidence in the integrity of its government. In recognition of these goals there is established a Code of Ethics for all Village public officials, whether elected or appointed, paid or unpaid, and for Village employees. The purposes of this article are to establish ethical standards of conduct for all such public officials and employees by setting forth those acts or actions which are incompatible with the best interests of the Village and its inhabitants and by requiring disclosure by public officials and employees of private financial or other interests in matters affecting the Village.
(B) 
This article is founded upon the principle that no individual shall receive any inordinate financial or other gain by reason of his or her serving as a public official or employee of the Village, and that no private party or taxpayer, including public officials or employees of their family members, should receive any benefit from Village action beyond that which is available to any other private party or taxpayer due to their relation to or as a result of privileged information or support provided by any public official or employee.
(A) 
Conflict of interest. No officer or employee shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties in the public interest or which may tend to impair his or her independence of judgment or action in the performance of his or her official duties.
(B) 
Gifts.
(1) 
No public official or employee shall accept from any person involved in any transaction with the Village any present or future gift, favor, service or thing of value as an inducement for an official act or action. Any such gift, favor, service or thing of value in excess of $100 accepted by a public official or employee shall be presumed to have been accepted as an inducement for an official act or action unless promptly surrendered to the sole use and benefit of the Village.
(2) 
The solicitation or acceptance of gifts prohibited to be solicited or accepted under the State Ethics Act, by any officer or any employee of the Village, is hereby prohibited.
(3) 
The offering or making of gifts prohibited to be offered or made to an officer or employee of the Village under the State Ethics Act, is hereby prohibited.
(C) 
Disclosure of confidential information. No public official or employee, with respect to any transaction which is or which is reasonably expected to become the subject of an official act or action, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the Village or use such information to advance the interest of such public official or employee or his or her family members.
(D) 
Appearance before Village agencies, boards, etc. No public official or employee and no member of any agency, board, committee or commission on any matter within the jurisdiction of such agency, board, committee or commission shall appear on behalf of any private person or business entity, other than himself or herself or a family member before any Village agency, board, committee or commission.
(E) 
Incompatible employment. No public officer or employee shall engage in or accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his or her official duties.
No public official or employee shall request or permit the use of Village-owned vehicles, equipment, materials or property for personal convenience or profit except as otherwise allowed by rules and regulations of the Village.
No public official or employee shall grant any special consideration, treatment or advantage to any person or business entity beyond that which is available to every other citizen.
(A) 
No appointment to or employment in any Village position shall be dependent on political activity.
(B) 
No employee shall be required to engage in any political activity as a condition of employment.
(C) 
The participation in political activities prohibited under the State Ethics Act, by any officer or employee of the Village, is hereby prohibited.
Any public official or employee who has (or whose family members have) an interest in a transaction which is the subject of an official act or action shall disclose on the record of the board or commission which performs such official act or to the Village Manager, in the case of employees, the nature and extent of such interest and shall not participate in any official act or action regarding that transaction.
It is the intent of the Village that the provisions of this article shall be substantially in accordance with the requirements of Section 5-15 and Article 10 of the State Ethics Act. To the extent that Section 5-15 or Article 10 of the State Ethics Act may be more restrictive than the requirements of this article, the provisions of Section 5-15 and Article 10 of the State Ethics Act shall apply and control. This article does not repeal other relevant personnel rules or regulations adopted by the Village ("existing regulations"). To the extent that the existing regulations are less restrictive than Section 5-15 or Article 10 of the State Ethics Act and this article, the provisions of Section 5-15 and Article 10 of the State Ethics Act and this article shall apply and control.
It is recognized that no written Code of Ethics of this nature can provide specifically for all possible contingencies. Any questions regarding the propriety of any transaction or the proper interpretation of this article may be brought to the Village Attorney at any time.
(A) 
A finding by five or more members of the corporate authorities that a public official or employee has violated any provision of this article shall constitute cause for censure, suspension, removal from office or employment or other disciplinary action as may be appropriate; provided, however, that no such disciplinary action shall be taken except in compliance with any and all applicable procedures and standards established by state law or Village ordinance.
(B) 
Any person found guilty in a court of law of violating the provisions of this article shall be fined in the amount set forth in the Annual Fee Resolution.[1]
[1]
Editor's Note: See Ch. A25, Fees..
(C) 
Any contract or transaction which was the subject of an official act or action of the Village in which any public official or employee has an interest prohibited by this article, or which involved the violation of a provision of this article, shall, upon discovery, disclosure or determination of such interest or violation, be officially reconsidered.
The Village Manager shall cause a copy of the Code of Ethics to be distributed to every public official and employee of the Village as well as to all new employees and officials when they begin their service to the Village. All officers of the Village are expected to read the Code of Ethics. Copies may be obtained from the Village Clerk.
Any person who violates a provision of this article shall be fined in the amount set forth in Article 50 of the State Ethics Act for the corresponding provision of the State Ethics Act. If there is no corresponding provision of the State Ethics Act, the fine shall be in the amount imposed pursuant to Section 18-1-1 of this Code.