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:
Any business, proprietorship, firm, partnership, person in
representative or fiduciary capacity, association, venture, trust
or corporation.
Information which is not available to the public under the
Illinois Freedom of Information Act, 5 ILCS 140/1 et seq.
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.
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.
Any legislative, administrative, appointive or discretionary
act of any public official or employee of the Village or any agency,
board, committee or commission thereof.
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.
The Illinois State Officials and Employees Ethics Act, 5
ILCS 430/1-1 et seq., as may be amended.
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.
(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.
