[2-6-2006]
There is hereby created a commission to be known as the Ethics Commission of the Village. The Commission shall be comprised of three members appointed by the Mayor with the advice and consent of the Board of Trustees. No person shall be appointed as a member of the Commission who is a Village official as defined by § 1-9-3 or who is related either by marriage or by blood, up to the degree of first cousin, to a Village official, or who is not a resident of the Village of Thornton.
[2-6-2006]
A. 
At the first meeting of the Commission, the initial appointees shall draw lots to determine their initial terms. Two commissioners shall serve two-year terms, and the third commissioner shall serve a one-year term. Thereafter, all commissioners shall serve two-year terms, and the third commissioner shall serve a one-year term. Thereafter all commissioners shall be appointed to two-year terms. Commissioners may be reappointed to serve subsequent terms.
B. 
At the first meeting of the Commission, the commissioners shall choose a chairperson from their number. Meetings shall be held at the call of the chairperson or any two commissioners.
[2-6-2006]
The Mayor, with the advice and consent of the Board of Trustees, may remove a commissioner in case of incompetency, disclosure of confidential information, neglect of duty or malfeasance in office, after service on the Commission by certified mail, return receipt requested, a copy of the written charges against the commissioner and after providing an opportunity to be heard in person or by counsel upon not less than 10 days' notice. Vacancies shall be filled in the same manner as original appointments.
[2-6-2006]
The Commission shall have the following powers and duties:
A. 
To promulgate procedures and rules governing the performance of its duties and the exercise of its powers.
B. 
Upon receipt of a signed, notarized, written complain, to investigate, conduct hearings and deliberations, issue recommendations for disciplinary actions, impose fines in accordance with the provisions of this chapter and refer violations of the Village Ethics Code and Conduct Code to the appropriate attorney for prosecution. The Commission shall, however, act only upon receipt of a written complaint alleging a violation of the chapter and not upon its own prerogative.
C. 
To receive information from the public pertaining to its investigations and to require additional information and documents from persons who may have violated the provisions of this chapter.
D. 
To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligation of all officers and employees of the Village to cooperate with the Commission during the course of its investigations. Failure or refusal to cooperate with requests by the Commission shall constitute grounds for discipline or discharge.
E. 
The powers and duties of the Commission are limited to matters clearly within the purview of this chapter, and the Commission has authority to hear allegations regarding violations of the Village Ethics Code (§ 1-9-1) and Conduct Code (§ 1-11-1).
[2-6-2006]
Unless otherwise determined by its members, the Commission shall meet monthly at a regularly scheduled date and time determined by the Commission. Any member may administer oaths and receive testimony from witnesses at a meeting of the Commission. Two members of the commission shall constitute a quorum. A majority vote of the total membership shall be necessary to take any action.
[1]
Editor's Note: Former § 1-10-6, Records, was repealed 9-19-2016.
[2-6-2006]
Commission members shall receive no compensation for their services, but each Commission member may be reimbursed for expenses reasonably incurred in the performance of Commission duties.
[2-6-2006]
A. 
Any person who is a citizen residing within the corporate limits of the Village, or has any interest in land within the Village or its planning area or has any interest in any business entity doing business in Thornton or with the Village may sign a formal complaint against any public official as defined in § 1-9-3 alleging a violation of any section of the Village Ethics Code or Conduct Code. Such complaint must be filed with the Ethics Commission within 45 days after the alleged violation took place.
B. 
Within three business days after the receipt of a 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 receipt by the Commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed.
C. 
Upon not less than 48 hours' public notice, the Commission shall meet to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this chapter, to determine whether there is probable cause, based on the evidence presented by the complainant, to proceed. The meeting may be closed to the public to the extent authorized by the Open Meetings Act. 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 to proceed within seven business days after receiving the complaint.
If the complaint is deemed sufficient to allege a violation of the Village Code of Ethics or Code of Conduct and there is a determination of probable cause, then the Commission's notice to the parties shall include a hearing date schedule within four weeks after the complaint's receipt. Alternatively, the Commission may elect to notify in writing the attorney designated by the corporate authorities to prosecute such actions and request that the complaint be adjudicated judicially. If the complaint is deemed not sufficient to 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.
D. 
On the scheduled date and upon at least 48 hours' public notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence. The hearing may be closed to the public only if authorized by the Open Meetings Act.
E. 
Within 30 days after the date the hearing or any recessed hearing is concluded, the Commission shall either (i) dismiss the complaint or (ii) issue a recommendation for discipline to the alleged violator and to the Mayor, or impose a fine upon the violator, or both. The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information.
F. 
If the hearing was closed to the public, the respondent may file a written demand for a public hearing on the complaint within seven business days after the issuance of the recommendation for discipline or imposition of a fine, or both. The filing of the demand shall stay the enforcement of the recommendation or fine. Within 14 days after receiving the demand, the Commission shall conduct a public hearing on the complaint upon at least 48 hours' public notice of the hearing and allow both parties the opportunity to present testimony and evidence. Within seven days thereafter, the Commission shall publicly issue a final recommendation to the alleged violator and to the Mayor or impose a fine upon the violator or both.
G. 
If a complaint is filed during the 60 preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under Subsection E within seven days after the complaint is filed, and during the seven days preceding that election, the Commission shall render such decision before the date of that election, if possible.
H. 
Each complaint must be typewritten and filed in triplicate with the Village with a copy also served on the alleged violator; provided, however, in order to prevent an abuse of this procedure during any municipal election, no such complaint may be filed within 30 days before any municipal election at which the Village President, Clerk or any member of the Board of Trustees is to be elected. If an incident arises immediately before or during such thirty-day periods which may be the subject of a complaint hereunder and no complaint has been filed by the start of the thirty-day period, the complaint shall not be filed (nor accepted for filing) until after the election, at which time it may be filed and processed in accordance with the provisions of this chapter at any time within 30 days after the election.
[2-6-2006]
Complaints to the Commission and investigations and recommendations thereon shall be confidential, except as necessary to carry out powers and duties of the Commission or to enable another person or agency to consider and act upon the notices and recommendations of the Commission; provided that, without identifying the person complained against or the specific transaction, the Commission may (a) comment publicly on the disposition of its requests and recommendations and (b) publish summary opinions to inform Village personnel and the public about the interpretation of provisions of this chapter.
[2-6-2006]
A. 
The Commission may fine any person who intentionally violates any provision of the Village Ethics Code or Conduct Code an amount of not more than $1,000. The Commission may fine any person who knowingly files a frivolous complaint alleging a violation of the Village Ethics Code or Conduct Code, or who repeatedly files complaints in an attempt to harass, annoy or intimidate, an amount not more than $1,000. The Commission may also recommend to the Village Board any appropriate discipline up to and including discharge.
B. 
If a Village official is found to be in violation of the Village Ethics Code or Conduct Code by the Ethics Commission, and the Ethics Commission determines that such may also be a violation of state law, all documents, testimony, depositions, and all other pertinent information to the case shall be immediately forwarded to the Cook County State's Attorney or Illinois Attorney General as appropriate for review and potential prosecution.
C. 
In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of the Village Ethics Code or Conduct Code is subject to discipline or discharge.