[HISTORY: Adopted by the City Council of the City of Columbia 5-3-2004 by Ord. No. 2258 (Ch. 2.70 of the 1997 Code). Amendments noted where applicable.]
The regulations of Section 5-15 (5 ILCS 430/5-15) and Article
10 (5 ILCS 430/10-10 through 10-40) of the State Officials and Employees
Ethics Act, 5 ILCS 430/1-1 et seq. (hereinafter referred to as the
"Act" in this chapter), are hereby adopted by reference and made applicable
to the officers and employees of the City to the extent required by
5 ILCS 430/70-5.
The solicitation or acceptance of gifts prohibited to be solicited
or accepted under the Act, by any officer or any employee of the City,
is hereby prohibited.
The offering or making of gifts prohibited to be offered or
made to an officer or employee of the City under the Act is hereby
prohibited.
The participation in political activities prohibited under the
Act, by any officer or employee of the City, is hereby prohibited.
For purposes of this chapter, the terms "officer" and "employee"
shall be defined as set forth in 5 ILCS 430/70-5(c).
The penalties for violations of this chapter shall be the same
as those penalties set forth in 5 ILCS 430/50-5 for similar violations
of the Act.
This chapter does not repeal or otherwise amend or modify any
existing ordinances or policies of the City which regulate the conduct
of City officers and employees except former Chapter 2.70 of the 1997
Code (State Gift Ban Act) as it existed prior to the enactment of
this chapter, which is repealed and replaced by this chapter. To the
extent that any such existing ordinances or policies are less restrictive
than this chapter, however, the provisions of this chapter shall prevail
in accordance with the provisions of 5 ILCS 430/70-5(a).
Any amendment to the Act that becomes effective after the effective
date of this chapter shall be incorporated into this chapter by reference
and shall be applicable to the solicitation, acceptance, offering
and making of gifts and to prohibited political activities. However,
any amendment that makes its provisions optional for adoption by municipalities
shall not be incorporated into this chapter by reference without formal
action by the corporate authorities of the City.
A.ย
If the Illinois Supreme Court declares the Act unconstitutional in
its entirety, then this chapter shall be repealed as of the date that
the Illinois Supreme Court's decision becomes final and not subject
to any further appeals or rehearings. This chapter shall be deemed
repealed without further action by the corporate authorities of the
City if the Act is found unconstitutional by the Illinois Supreme
Court.
B.ย
If the Illinois Supreme Court declares part of the Act unconstitutional
but upholds the constitutionality of the remainder of the Act, or
does not address the remainder of the Act, then the remainder of the
Act as adopted by this chapter shall remain in full force and effect;
however, that part of this chapter relating to the part of the Act
found unconstitutional shall be deemed repealed without further action
by the corporate authorities of the City.