Public officials and employees shall not exceed their authority
or breach law or ask others to do so, and they shall work in full
cooperation with other public officials and employees unless prohibited
from doing so by law or by officially recognized confidentiality of
their work.
No Trustee or other public official or employee, whether paid
or unpaid, 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/her official duties
in the public judgment or will tend to impair his/her independence
or judgment or action in the performance of his/her official duties.
Personal, as distinguished from financial interest, includes an interest
arising from blood or marriage relationships or close business or
political associations.
Specific conflicts of interest are enumerated below for the
guidance of officials. The following list is illustrative merely and
not exclusive.
A. Incompatible employment. No Trustee or other public official or employee
shall engage in or accept private employment or render services for
private interests when such employment or service is incompatible
with the proper discharge of his/her official duties or tends to impair
his/her independence of judgment or action in the performance of his/her
official duties. In the event a Trustee, official or employee possesses
a financial or personal interest in any business or transaction, any
presumption of conflict of interest with his/her public duties shall
be removed by his/her disclosure of the nature and extent of such
investment to the Village Board for the records of that authority.
B. Disclosure of confidential information. No Trustee, other public
official or employee, shall, without proper legal authorization, disclose
confidential information concerning the property, government, or affairs
of the Village, nor shall be/she use such information to advance the
financial or other private interest of himself/herself or others.
C. Gifts and favors. No Trustee or other public official or employee
shall accept any gift having a value greater than $25, whether in
the form of service, loan, or thing or promise, from any person who,
to his/her knowledge, is interested directly or indirectly in any
manner whatsoever in business dealings with the Village, nor shall
any such official or employee accept any gift, favor or thing of value
that may tend to influence him/her in the discharge of his/her duties.
Any Trustee or other public official or employee who accepts any gift,
favor, or thing of value shall, in the case of a Trustee, disclose
the matter in the minutes of the next Board meeting and, in the case
of other officials or employees, report the matter to the Board for
disclosure in the minutes of the next meeting.
D. Representing private interests before Village agencies or courts.
No Trustee or other public official or employee whose salary is paid
by the Village shall appear in behalf of private interests before
any agency of the Village. He/she shall not represent private interests
in any action or proceeding against the interest of the Village in
any litigation to which the Village is a party.
E. Contracts with the Village. Any Trustee or other public official
or employee who has substantial financial interest in any business
entity entering into or proposing to enter into any transaction or
contract with the Village for the sale of real estate, material supplies
or services to the Village shall disclose such interest to the Village
Board, to be reported in the minutes of the appropriate Board meeting,
and in the case of a Trustee, he/she shall refrain from voting upon
or otherwise participating (except in the performance of ministerial
act) in the transaction or making of such contract or sale.
F. Disclosures of interest in legislation.
(1) A Trustee who has a financial or other private interest in any legislation
shall disclose on the records of the Board the nature and extend of
such interest. This provision shall not apply if the Trustee disqualified
himself/herself from voting.
(2) Any other public official or employee who has a financial or other
private interest and who participates in discussion with or gives
an official opinion to the Board shall disclose on the record of the
Board the nature and extent of such interest.
[Amended at time of adoption of Code (see Ch. 1-2, Adoption
of Code)]
Violation of any provision of this chapter should raise conscientious questions for the Trustees or any other official or employee concerned as to whether voluntary resignation or other action is indicated to promote the best interest of the Village. Violation may constitute a cause for censure, suspension, removal from office or employment, or other disciplinary action if the violation is substantial. Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punishable by a forfeiture in an amount as provided in §
1-1-8, General penalty.