[Adopted 6-14-1999 by Ord. No. 99-13; amended in its entirety 5-10-2004 by Ord. No.
2004-09]
As used in this article, the following terms shall have the
meanings indicated:
Any activity in furtherance of an effort to influence the
selection, nomination, election, or appointment of any individual
to any federal, state, or local public office or office in a political
organization, or the selection, nomination, or election of Presidential
or Vice-Presidential electors, but does not include activities:
Relating to the support of or opposition to any executive, legislative,
or administrative action [as those terms are defined in Section 2
of the Lobbyist Registration Act (25 ILCS 170/2)];
Relating to collective bargaining [as defined in Section 3 of
the Illinois Public Labor Relations Act (5 ILCS 315/3)]; or
That are otherwise in furtherance of the person's official duties.
Any person who has filed nominating papers or petitions for
nomination or election to an elected office, or who has been appointed
to fill a vacancy in nomination, and who remains eligible for placement
on the ballot at either a general primary election or general election.
With respect to an employee, any time worked by or credited
to an employee that counts toward any minimum work time requirement
imposed as a condition of his or her employment but, for purposes
of this article, does not include any designated holidays, vacation
periods, personal time, compensatory time off, or any period when
the employee is on a leave of absence. With respect to officers or
employees whose hours are not fixed, compensated time includes any
period of time when the officer or employee is on the premises under
the control of the employer and any other time when the officer or
employee is executing his or her official duties, regardless of location.
Any authorized time off earned by or awarded to an employee
to compensate in whole or in part for time worked in excess of the
minimum work time required of that employee as a condition of her
or his employment.
All full-time, part-time, and contractual employees of the
Village.
Any gratuity, discount, entertainment, hospitality, loan,
forbearance, or other tangible or intangible item having monetary
value, including, but not limited to, cash, food and drink, and honoraria
for speaking engagements related to or attributable to government
employment or the official position of an officer or employee.
Any gift given to an officer or employee of the Village from
another officer or employee of the Village.
Any gift given to an officer or employee of the Village from
a member of the Illinois General Assembly; or from the Governor, the
Lieutenant Governor, the Attorney General, the Secretary of State,
the Controller, the Treasurer or the Auditor General of the State
of Illinois; or from a member, officer, appointee, or employee of
any state agency as defined in the State Officials and Employees Ethics
Act (5 ILCS 430/1-1 et seq.), or of any federal agency, or of any
unit of local government or school district.
Any period during which an employee does not receive:
All appointed and elected officials of the Village, regardless
of whether the official is compensated.
Any activity in support of or in connection with any campaign
for elective office or any political organization, but does not include
activities:
A party, committee, association, fund, or other organization
(whether or not incorporated) that is required to file a statement
of organization with the State Board of Elections or a County Clerk
under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with
regard to those activities that require filing with the State Board
of Elections or a County Clerk.
Preparing for, organizing, or participating in any political
meeting, political rally, political demonstration, or other political
event.
Soliciting contributions, including but not limited to the purchase
of, selling, distributing, or receiving payment for tickets for any
political fund-raiser, political meeting, or other political event.
Soliciting, planning the solicitation of, or preparing any document
or report regarding any thing of value intended as a campaign contribution.
Planning, conducting, or participating in a public opinion poll
in connection with a campaign for elective office or on behalf of
a political organization for political purposes or for or against
any referendum question.
Surveying or gathering information from potential or actual
voters in an election to determine probable vote outcome in connection
with a campaign for elective office or on behalf of a political organization
for political purposes or for or against any referendum question.
Assisting at the polls on election day on behalf of any political
organization or candidate for elective office or for or against any
referendum question.
Soliciting votes on behalf of a candidate for elective office
or a political organization or for or against any referendum question
or helping in an effort to get voters to the polls.
Initiating for circulation, preparing, circulating, reviewing,
or filing any petition on behalf of a candidate for elective office
or for or against any referendum question.
Making contributions on behalf of any candidate for elective
office in that capacity or in connection with a campaign for elective
office.
Preparing or reviewing responses to candidate questionnaires
in connection with a campaign for elective office or on behalf of
a political organization for political purposes.
Distributing, preparing for distribution, or mailing campaign
literature, campaign signs, or other campaign material on behalf of
any candidate for elective office or for or against any referendum
question.
Campaigning for any elective office or for or against any referendum
question.
Managing or working on a campaign for elective office or for
or against any referendum question.
Serving as a delegate, alternate, or proxy to a political party
convention.
Participating in any recount or challenge to the outcome of
any election.
Any person or entity who or which:
Is seeking official action by the Village or by an officer or
employee of the Village;
Does business or seeks to do business with the Village or with
an officer or employee of the Village;
Conducts activities regulated by the Village or by an officer
or employee of the Village;
Has interests that may be substantially affected by the performance
or nonperformance of the official duties of the Village or an officer
or employee of the Village;
Is registered or required to be registered with the Secretary
of State under the Lobbyist Registration Act, except that an entity
does not become a prohibited source merely because a registered lobbyist
is one of its members or serves on its board of directors; or
Is an agent of, a spouse of, or an immediate family member who
is living with a "prohibited source."
[Added 5-22-2017 by Ord.
No. 2017-12]
Those people related to the officer or employee as father,
mother, son, daughter, brother, sister, uncle, aunt, great aunt, great
uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half brother, half
sister, and including the father, mother, grandfather, or grandmother
of the officer's or employee's spouse and the officer's or employee's
fiance or fiancee.
A.
Gifts prohibited. Except as otherwise provided in Subsection B below, no officer or employee, spouse of an officer or employee, or immediate family member living with an officer or employee shall intentionally solicit or accept any gift from any prohibited source or in violation of any federal or state statute, rule, or regulation. No prohibited source shall intentionally offer or make a gift that violates this subsection.
B.
Exceptions. The restrictions set forth in Subsection A above shall not apply to the following:
(1)
Opportunities, benefits, and services that are available on the same
conditions as for the general public.
(2)
Anything for which the officer or employee pays the market value or anything not used and promptly disposed of as provided in Subsection C below.
(3)
A contribution, as defined in Article 9 of the Illinois Election
Code (10 ILCS 5/9-1 et seq.), that is lawfully made under that code
or under the State Officials and Employees Ethics Act, or activities
associated with a fund-raising event in support of a political organization
or candidate.
(4)
Educational materials and missions.
(5)
Travel expenses for a meeting to discuss Village business.
(6)
A gift from a relative of an officer or employee.
(7)
Anything provided by an individual on the basis of a personal friendship
unless the officer or employee has reason to believe that, under the
circumstances, the gift was provided because of the official position
or employment of the officer or employee and not because of the personal
friendship. In determining whether a gift is provided on the basis
of personal friendship, the officer or employee shall consider the
circumstances under which the gift was offered, such as:
(a)
The history of the relationship between the individual giving
the gift and the recipient of the gift, including any previous exchange
of gifts between those individuals;
(b)
Whether, to the actual knowledge of the officer or employee,
the individual who gave the gift personally paid for the gift or sought
a tax deduction or business reimbursement for the gift; and
(c)
Whether, to the actual knowledge of the officer or employee,
the individual who gave the gift also at the same time gave the same
or similar gifts to other officers or employees.
(9)
Food, refreshments, lodging, transportation, and other benefits resulting
from the outside business or employment activities (or outside activities
that are not connected to the duties of the officer or employee as
an office holder or employee) of the officer or employee, or the spouse
of the officer or employee, if the benefits have not been offered
or enhanced because of the official position or employment of the
officer or employee and are customarily provided to others in similar
circumstances.
(10)
Intraoffice and interoffice gifts.
(11)
Bequests, inheritances, and other transfers at death.
(12)
Any item or items from any one prohibited source during any
calendar year having a cumulative total value of less than $100.
C.
Disposition of gifts. An officer or employee who is a recipient of
a gift that is given in violation of this article may, at his or her
discretion, return the item to the donor or give the item or an amount
equal to its value to an appropriate charity that is exempt from income
taxation under Section 501(c)3 of the Internal Revenue Code of 1986,
as now or hereafter amended, renumbered, or succeeded.
A.
No officer or employee shall intentionally perform any prohibited
political activity during any compensated time. No officer or employee
shall intentionally use any property or resources of the Village in
connection with any prohibited political activity.
C.
No officer or employee shall be required at any time to participate
in any prohibited political activity in consideration for that officer
or employee being awarded any additional compensation or any benefit,
whether in the form of a salary adjustment, bonus, compensatory time
off, continued employment, or otherwise, nor shall any officer or
employee be awarded additional compensation or any benefit in consideration
for the officer's or employee's participation in any prohibited political
activity.
D.
Nothing in this § 20-29 prohibits activities that are otherwise permissible for an officer or employee to engage in as a part of his or her official or employment duties or activities that are undertaken by an officer or employee on a voluntary basis as permitted by law.
E.
No person either 1) in a position that is subject to recognized merit
principles of public employment or 2) in a position the salary for
which is paid in whole or in part by federal funds and that is subject
to the Federal Standards for a Merit System of Personnel Administration
applicable to grant-in-aid programs, shall be denied or deprived of
employment or tenure solely because he or she is a member or an officer
of a political committee, of a political party, or of a political
organization or club.
The Village Manager or her or his designee shall be designated
the Ethics Officer for the Village. The Ethics Officer's duties and
responsibilities shall include:
A.
Providing guidance to officers and employees in completing statements
of economic interest before they are filed with the appropriate office;
and
B.
Providing guidance to officers and employees in the interpretation
and implementation of this article and the requirements of Section
5-15 (5 ILCS 430/5-15) and Article 10 (5 ILCS 430/10-10 through 10-40,
Gift Ban) of the State Officials and Employees Ethics Act; and
C.
Providing guidance to officers and employees in the interpretation
and implementation of other applicable statutes, ordinances, rules,
or regulations of the Village, the State of Illinois, or the federal
government dealing with ethics, conflicts of interest, interests in
contracts, jobs, work, or materials, or the profits thereof, or services
to be performed for or by the Village.
A.
Establishment. There is hereby established in the Village an Ethics
Commission, consisting of the Village Board of Trustees. Commission
members shall be nonsalaried, except that they may be reimbursed for
their reasonable expenses incurred in the performance of their duties.
The Ethics Commission may contract for services that cannot be satisfactorily
performed by the Village staff.
B.
Powers and duties.
(1)
The Ethics Commission shall have the following powers and duties:
(a)
To promulgate such procedures and rules governing the performance
of its duties and the exercise of its powers as deemed necessary or
appropriate.
(b)
Upon receipt of a signed, notarized, written complaint, to investigate,
conduct research, conduct closed hearings and deliberations, issue
findings, decisions, and recommendations, and impose a fine when warranted.
(c)
To act only upon the receipt of a written complaint alleging
a violation of this article, and not upon its own prerogative.
(d)
To receive information from the public pertaining to its investigations
and to require additional information and documents from persons who
may have violated this article as the Commission deems appropriate.
(e)
When necessary, to subpoena witnesses and compel the production
of books and papers pertinent to an investigation authorized by this
article.
(f)
When necessary, to request that the State's Attorney provide
legal advice without charge to the Commission.
(g)
To prepare and publish such manuals and guides as the Commission
deems appropriate, explaining the duties of individuals covered by
this article.
(h)
To prepare such public information materials as the Commission
deems appropriate to facilitate compliance, implementation, and enforcement
of this article.
(i)
To prepare an annual statistical report for each year consisting
of:
(2)
The Commission may delegate to a subcommittee of the Commission its authority to conduct investigations pursuant to this Subsection B, and require a report of the subcommittee's findings to the full Commission for final action.
(3)
In the event that a member of the Commission is the subject of a
claimed violation of this article, such Commissioner shall immediately
recuse himself or herself from the investigation of such claimed violation,
and shall take no part in the final action of the Commission regarding
such claimed violation.
(4)
The powers and duties of the Commission are limited to matters clearly
within the purview of this article.
C.
Complaint procedure.
(1)
Complaints alleging a violation of this article shall be filed as
follows: If the complaint alleges a violation by an employee, appointed
officer, or elected officer of the Village, then the complaint shall
be filed with the Ethics Officer. In the event that the subject of
the complaint is the Ethics Officer, such complaint shall be filed
with the Village President. Any complaint received by, or incident
reported to, an employee alleging the violation of this article shall
be forwarded to the Ethics Officer or Village President as provided
above. Upon receipt of any such complaint, the Ethics Officer, or
the Village President, as the case may be, shall forward the complaint
to each member of the Ethics Commission.
(2)
Within three business days after the filing of an ethics complaint,
the Commission shall send by certified mail, return receipt requested,
a notice to the respondent that a complaint has been filed against
him or her and a copy of the complaint. The Commission shall send
by certified mail, return receipt requested, a confirmation of the
receipt of the complaint to the complainant within three business
days after the submittal to the Commission. The notices to the respondent
and the complainant shall also advise them of the date, time, and
place of the meeting on the sufficiency of the complaint and probable
cause, which meeting shall be held within 14 business days after receiving
the complaint.
(3)
Upon at least 48 hours' public notice of the session, the Commission
shall meet in a closed session to review the sufficiency of the complaint
and, if the complaint is deemed to sufficiently allege a violation
of this article, to determine if there is probable cause, based on
evidence presented by the complainant, to proceed. The Commission
shall issue notice to the complainant and the respondent of the Commission's
ruling on the sufficiency of the complaint, and, if necessary, on
probable cause. If the complaint is deemed to sufficiently allege
a violation of this article and there is a determination of probable
cause, then the Commission's notice to the parties shall include a
hearing date scheduled within four weeks after the issuance of the
Commission's ruling on the sufficiency of the complaint. If the complaint
is deemed not to sufficiently allege a violation or if there is no
determination of probable cause, then the Commission shall send by
certified mail, return receipt requested, a notice to the parties
of the decision to dismiss the complaint and that notice shall be
made public.
(4)
On the scheduled date and upon at least 48 hours' public notice of
the hearing, the Commission shall conduct a closed meeting on the
complaint and allow both parties the opportunity to present testimony
and evidence.
(5)
Within two weeks after the conclusion of the hearing on the complaint,
the Commission shall a) dismiss the complaint or b) issue a preliminary
recommendation to the alleged violator and to the violator's ultimate
jurisdictional authority or impose a fine upon the violator, or both.
The particular findings in the instant case, the preliminary recommendation,
and any fine shall be made public.
(6)
Within seven business days after the issuance of the preliminary
recommendation or imposition of a fine, or both, the respondent may
file a written demand for a public hearing on the complaint. The filing
of the demand shall stay the enforcement of the preliminary recommendation
or fine. Within two weeks after receiving the demand, the Commission
shall conduct a public hearing on the complaint after at least 48
hours' public notice of the hearing and allow both parties the opportunity
to present testimony and evidence. Within five business days after
such public hearing, the Commission shall publicly issue a final recommendation
to the alleged violator and to the violator's ultimate jurisdictional
authority or impose a fine upon the violator, or both.
(7)
If the complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under Subsection C(5) within seven days after the complaint is filed, and during the seven days preceding that election, the Commission shall tender such decision before the date of that election, if possible.
(8)
The Commission may levy a fine of up to $750 against any person who
knowingly files a frivolous complaint alleging a violation of this
article.
(9)
A complaint alleging the violation of this article must be filed
within one year after the alleged violation.
D.
Enforcement.
(1)
The Commission may recommend to a person's ultimate jurisdictional
authority disciplinary action against the person it determines to
be in violation of this article. The recommendation may prescribe
the following courses of action:
(a)
A reprimand.
(b)
An order to cease and desist the offensive action.
(c)
A return or refund of money or other items, or an amount of
restitution for services received in violation of this article.
(d)
Dismissal, removal from office, or expulsion.
(e)
Donation to a charity of an amount equal to the gift.
(2)
The Ethics Commission may impose a fine of up to $750 per violation,
to be deposited into the general fund of the Village.
(3)
Disciplinary action.
(a)
The Village, through the ultimate jurisdictional authority of
an officer or employee, may take disciplinary action against any such
officer or employee who:
(b)
The Village may take disciplinary action as recommended by the
Ethics Commission, if any, or as it deems appropriate, to the extent
it has constitutional and statutory authority to take that action.
(c)
The Village shall make its action, or determination to take
no action, available to the public.
(4)
If, after a hearing, the Commission finds no violation of this article,
the Commission shall dismiss the complaint.
E.
Penalty. An individual who knowingly violates this article is guilty
of a business offense and subject to a fine of up to $750.
F.
Review. The Ethics Commission's decision to dismiss a complaint or
its recommendation is not a final administrative decision, but its
imposition of a fine is a final administrative decision subject to
judicial review under the Administrative Review Law of the Code of
Civil Procedure.
G.
Exemption. The proceedings conducted and documents generated under
this article are exempt from the provisions of the Open Meetings Act
and the Freedom of Information Act, except as expressly provided.
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 Officials and Employees
Ethics Act. To the extent that Section 5-15 or Article 10 of the State
Officials and Employees Ethics Act may be more restrictive than the
requirements of this article, the provisions of Section 5-15 and Article
10 of the State Officials and Employees 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 Officials and Employees Ethics
Act and this article, the provisions of Section 5-15 and Article 10
of the State Officials and Employees Ethics Act and this article shall
apply and control.
