[1943 Code, § 221.01; Ord. 87-12, 10-19-1987, § 1; Ord. 88-40, 4-3-1989, § 1; Ord. 89-32, 11-6-1989, § 1]
No person shall be eligible to hold any office, other than that
of Village Attorney, Village Engineer, Finance Director or Village
Manager, under the Village government who is not a qualified elector
of the Village and who shall not have resided therein for at least
one year preceding his election or appointment, nor shall any person
be eligible to any office who is a defaulter to the Village.
[1943 Code, § 221.07; Ord. 2001-2, 2-5-2001, § 1]
If the President or any Trustee or other Village officer, except
the Village Attorney, Village Engineer, Village Manager, and Finance
Director, shall, during his official term remove beyond the limits
of the Village, his office shall thereby become vacant.
[1943 Code, § 221.02; Ord. 89-1, 5-1-1989, § 1; Ord. 89-29, 10-16-1989, § 1; Ord. 97-35, 10-20-1997, § 1]
Before entering upon the duties of their respective offices,
all officers of the Village, whether elected or appointed, shall take
and subscribe the oath or affirmation prescribed by law therefor,
and all such officers, except the President and Trustees, shall execute
a bond with a corporate surety to be approved by the President and
Board of Trustees, payable to the Village, in such penal sum as may
be directed by ordinance or resolution of such board, conditioned
for the faithful performance of the duties of the office and for the
payment of all monies received by such officer according to law and
the ordinances of the Village; provided, that a bond executed by a
reliable surety company may be accepted. All bonds, except that of
the Village Clerk, shall be filed with the Village Clerk, and the
bond of the Village Clerk shall be filed with the Finance Director.
All premiums charged by the corporate surety on such bonds shall be
paid by the Village out of its general funds, and in no case by the
individual official furnishing the bond. The amounts of the official
bonds shall be as follows:
|
Position
|
Amount
|
|---|---|
|
Village Clerk
|
$1,000
|
|
Village Manager
|
$10,000
|
|
Director of Finance
|
$75,000
|
|
Village Collector
|
$10,000
|
|
Village Attorney
|
$1,000
|
|
All other officers
|
$1,000
|
[Ord. 87-25, 2-2-1987, § 1]
The terms of all elected municipal officers shall commence upon
the inauguration of the newly elected officers to be conducted at
the first regular or special meeting of the corporate authorities
to occur in the month of May following the municipal election at which
such officers were elected.
[1943 Code, § 221.03]
Upon the approval of the bond required by the preceding section
by the President and Board of Trustees, the Village Clerk shall endorse
the date of approval on the bond and shall file the same in his office,
together with the oath of such officer.
[1943 Code, § 221.04]
The President and Board of Trustees may require any officer
of the Village, who is required by law to give an official bond, to
furnish additional security or execute a new bond whenever, in the
judgment of such board, the security of the original bond has become
insufficient by the insolvency, death or removal of the sureties,
or when for any cause such bond shall be deemed insufficient. Any
officer who shall fail to furnish such additional security, or give
a new bond when so required by the President and Board of Trustees,
within 10 days after he is notified in writing of such requirement,
shall be deemed to have vacated his office.
[1]
Editor's Note: Former § 2-6, Reports of Officers
Generally, was repealed 2-5-2001 by Ord. 2001-2.
[1943 Code, § 221.06; Ord. 87-28, 3-2-1987, § 1]
The Village shall indemnify and protect board members, commission
members and employees of the Village against any claims or actions,
including civil rights damage claims and suits and constitutional
rights damage claims and suits, when damages are sought for negligent
or wrongful acts alleged to have been committed in the scope of the
board member, commission member, or employee's duties or direction
of the board.
(a)
This indemnification and protection shall include, but shall not
be limited to:
(1)
Indemnifying the employee or board member or commission member for
his court costs and attorney fees incurred in the defense of such
claim or action;
(2)
Paying or indemnifying the board member or commission member or employee
for a judgment based on such claim or action; and
(3)
Paying or indemnifying the board member or employee or commission
member for a compromise or settlement of such claim or action.
(b)
The board may also elect to appear and defend against the claim of
action.
(c)
"Employee" as used in this section means and includes a present or
former officer, member of a board, commission or committee, agent,
volunteer, servant or employee, whether or not compensated, but does
not include an independent contractor.
(d)
The board may purchase insurance to cover its liability under this
section.
(e)
This section shall apply to all present and former board members,
employees or commission members, from and after its date of adoption.
This section shall not apply with respect to the following:
(1)
Any liability or costs with respect to any portion of any matter
when the board member or employee is finally judged to be liable for
punitive or exemplary damages. That portion of the judgment and all
costs attendant to punitive or exemplary damages will not be covered
by this section.
(2)
The cost of any settlement which is not approved by the President
and Board of Trustees.
(3)
Any liability or judgment payable to the President and Board of Trustees
or the Village itself.
(4)
The cost of independent legal representation if the board provides
or offers to provide legal representation for the board member or
employee or commission member.
[1943 Code, § 221.08]
No Village officer shall be a contractor for any Village work;
nor shall he be directly or indirectly interested in any contract,
work or business of the Village; nor in the hiring of any carts, teams
or trucks upon any work of the Village coming under his supervision;
nor in the purchase of any real estate or other property belonging
to the corporation, or which may be sold for taxes of assessments,
or by virtue of legal process at the suit of the Village.
[Ord. 2004-14, 5-3-2004, § 1]
In compliance with the State Officials and Employees Ethics
Act,[1] there is hereby adopted the following provisions.
[1]
Editor's Note: See 5 ILCS 430/1-1 et seq.
[Ord. 2004-14, 5-3-2004, § 1]
For purposes of this Section 2-8A, the following terms shall be given these definitions:
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: a)
relating to the support or opposition of any executive, legislative,
or administrative action, b) relating to collective bargaining, or
c) that are otherwise in furtherance of the person's official duties.
Has the same meaning as that term is defined in Section 3
of the Illinois Public Labor Relations Act.[2]
With respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this Section 2-8A, 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 is on 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.
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 his or her employment.
Has the same meaning as that term is defined in Section 9-1.4
of the Election Code.[3]
A person employed by the Village of Elmwood Park, whether
on a full time or part time basis or pursuant to a contract, whose
duties are subject to the direction and control of an employer with
regard to the material details of how the work is to be performed,
but does not include an independent contractor.
The Village of Elmwood Park.
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 period during which an employee does not receive: a)
compensation for employment, b) service credit towards pension benefits,
and c) health insurance benefits paid for by the employer.
A person who holds, by election or appointment, an office
created by statute or local ordinance, regardless of whether the officer
is compensated for service in his or her official capacity.
Any activity in support of or in connection with any campaign
for elective office or any political organization, but does not include
activities: a) relating to the support or opposition of any executive,
legislative, or administrative action, b) relating to collective bargaining,
or c) that are otherwise in furtherance of the person's official duties.
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,[4] 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 anything of value or 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.
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:
Is seeking official action: 1) by an officer or 2) by an employee,
or by the officer or another employee directing that employee;
Does business or seeks to do business: 1) with the officer or
2) with an employee, or with the officer or another employee directing
that employee;
Conducts activities regulated: 1) by the officer or 2) by an
employee, or by the officer or another employee directing that employee;
or
Has interests that may be substantially affected by the performance
or nonperformance of the official duties of the officer or employee.
[Ord. 2004-14, 5-3-2004, § 1]
(a)
No officer or employee shall intentionally perform any prohibited
political activity during any "compensated time," as defined herein.
(b)
No officer or employee shall intentionally use any property or resources
of the Village of Elmwood Park in connection with any prohibited political
activity.
(c)
At no time shall any officer or employee intentionally require another
officer or employee to perform any prohibited political activity:
1) as part of that officer's or employee's duties, 2) as a condition
of employment, or 3) during any compensated time off (such as holidays,
vacation or personal time off).
(d)
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 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 his or her participation in any prohibited political activity.
(e)
Nothing in this section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this Section 2-8A.
(f)
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.
[Ord. 2004-14, 5-3-2004, § 1]
(a)
Prohibitions. Except as permitted by this article, no officer or
employee, and no spouse of or immediate family member living with
any officer or employee (collectively referred to herein as "recipients"),
shall intentionally solicit or accept any gift from any "prohibited
source," as defined herein, or which is otherwise prohibited by law
or ordinance. No prohibited source shall intentionally offer or make
a gift that violates this section.
(b)
Exceptions. Subsection (a) of this section is not applicable 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, or his or her spouse
or immediate family member, pays the fair market value.
(3)
Any: a) contribution that is lawfully made under the election
code or b) 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 business.
(6)
A gift from a relative, meaning those people related to the
individual 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 individual's spouse and the individual's fiance
or fiancee.
(7)
Anything provided by an individual on the basis of a personal
friendship unless the recipient has reason to believe that, under
the circumstances, the gift was provided because of the official position
or employment of the recipient or his or her spouse or immediate family
member and not because of the personal friendship. In determining
whether a gift is provided on the basis of personal friendship, the
recipient 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 recipient the individual sought a tax deduction or
business reimbursement for the gift; and c) whether to the actual
knowledge of the recipient the individual who gave the gift also at
the same time gave the same or similar gifts to other officers or
employees, or their spouses or immediate family members.
(8)
Food or refreshments not exceeding $75 per person in value on
a single calendar day; provided that the food or refreshments are:
a) consumed on the premises from which they were purchased or prepared
or b) catered. For the purposes of this section, "catered" means food
or refreshments that are purchased ready to consume which are delivered
by any means.
(9)
Food, refreshments, lodging, transportation, and other benefits
resulting from outside business or employment activities (or outside
activities that are not connected to the official duties of an 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)
Intragovernmental and Intergovernmental Gifts. For the purpose
of this paragraph, "intragovernmental gift" means any gift given to
an officer or employee from another officer or employee, and "intergovernmental
gift" means any gift given to an officer or employee by an officer
or employee of another governmental entity.
(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.
|
Each of the exceptions listed in this Subsection (b) is mutually
exclusive and independent of every other.
|
(c)
Disposition of Gifts. An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this Section 2-8 A if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift 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.
[Ord. 2004-14, 5-3-2004, § 1]
(a)
The Village President, with the advice and consent of the Board of
Trustees, shall designate an ethics advisor for the Village of Elmwood
Park. The duties of the ethics advisor may be delegated to an officer
or employee of the Village of Elmwood Park, unless the position has
been created as an office by the Village of Elmwood Park.
(b)
The ethics advisor shall provide guidance to the officers and employees of the Village of Elmwood Park concerning the interpretation of and compliance with the provisions of this Section 2-8A and state ethics laws. The ethics advisor shall perform such other duties as may be delegated by the President and Board of Trustees.
[Ord. 2004-14, 5-3-2004, § 1]
(a)
There is hereby created a commission to be known as the ethics commission
of Village of Elmwood Park. The commission shall be comprised of three
members appointed by the Village President, with the advice and consent
of the Board of Trustees. No person shall be appointed as a member
of the commission who is related, either by blood or by marriage up
to the degree of first cousin, to any elected officer of the Village
of Elmwood Park.
(b)
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 be appointed to two-year
terms. Commissioners may be reappointed to serve subsequent terms.
(c)
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. A quorum shall consist
of two commissioners, and official action by the commission shall
require the affirmative vote of two members.
(d)
The Village President, with the advice and consent of the Board of
Trustees, may remove a commissioner in case of incompetency, neglect
of duty or malfeasance in office after service on the commissioner
by certified mail, return receipt requested, of 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.
(e)
The commission shall have the following powers and duties:
(1)
To promulgate procedures and rules governing the performance
of its duties and the exercise of its powers.
(2)
Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and deliberations, issue recommendations for disciplinary actions, impose fines in accordance with Subsection (f)(8) of this section, and refer violations of Section 2-8A-2 or 2-8A-3 of this chapter to the appropriate attorney for prosecution. The commission shall, however, act only upon the receipt of a written complaint alleging a violation of the gift ban regulations and not upon its own prerogative.
(3)
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 the gift ban regulations.
(4)
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 of Elmwood Park 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.
(5)
The powers and duties of the commission are limited to matters
clearly within the purview of the gift ban regulations.
(f)
(1)
Complaints alleging a violation of the gift ban regulations
shall be filed with the ethics commission.
(2)
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.
(3)
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 Section 2-8A, 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 Section 2-8A-3 of this chapter 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 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 a determination of no 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.
If the complaint is deemed sufficient to allege a violation of Section 2-8A-2 of this chapter, then the commission shall notify in writing the attorney designated by the corporate authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the commission concerning the alleged violation.
(4)
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.
(5)
Within 30 days after the date the hearing or any recessed hearing
is concluded, the commission shall either: a) dismiss the complaint
or b) issue a recommendation for discipline to the alleged violator
and to the Village Manager (or to the Village President, if the alleged
violator is the Village Manager), 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.
(6)
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 Village
Manager (or to the Village President, if the alleged violator is the
Village Manager) or impose a fine upon the violator, or both.
(7)
If a 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 (f)(5) of
this section, within seven days after the complaint is filed; and
if a complaint is filed during the seven days preceding that election,
the commission shall render such decision before the date of that
election, if possible.
(8)
The commission may fine any person who intentionally violates any provision of Section 2-8A-3 of this chapter in an amount of not less than $1,001 and not more than $5,000. The commission may fine any person who knowingly files a frivolous complaint alleging a violation of the gift ban regulations in an amount of not less than $1,001 and not more than $5,000. The commission may recommend any appropriate discipline up to and including discharge.
(9)
A complaint alleging the violation of the gift ban regulations
must be filed within one year after the alleged violation.
[Ord. 2004-14, 5-3-2004, § 1]
(a)
A person who intentionally violates any provision of Section 2-8A-2 of this chapter may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.
(b)
A person who intentionally violates any provision of Section 2-8A-3 of this chapter is subject to a fine in an amount of not less than $1,001 and not more than $5,000.
(c)
Any person who intentionally makes a false report alleging a violation
of any provision of the gift ban regulations to the local enforcement
authorities, the state's attorney or any other law enforcement official
may be punished by a term of incarceration in a penal institution
other than a penitentiary for a period of not more than 364 days,
and may be fined in an amount not to exceed $2,500.
(d)
A violation of Section 2-8A-2 of this chapter shall be prosecuted as a criminal offense by an attorney for the Village of Elmwood Park by filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt.
A violation of Section 2-8A-3 of this chapter may be prosecuted as a quasi-criminal offense by an attorney for the Village of Elmwood Park, or, alternatively, if an ethics commission has been created, by the commission through the designated administrative procedure.
[1943 Code, § 221.09]
It shall be unlawful for any person to falsely represent himself
to be an officer of the Village; or to, without due authority, exercise
or attempt to exercise any of the powers or functions of any officer;
or without due authority, wear any star, badge or mark purporting
to be that of a policeman or fireman of the Village.
[1943 Code, § 221.10]
It shall be unlawful for any person having been an officer of
the Village to, within five days after notification and request thereto,
deliver to his successor in office all property, books and effects
of every description in his possession or control belonging to the
Village or appertaining to his office.
[1943 Code, § 221.11]
It shall be unlawful for any Village officer, whether elected
or appointed, to wilfully neglect or refuse to perform any duty required
of him by law, the provisions of this Code or the ordinances of the
Village, or to at any time wilfully and corruptly be guilty of oppression,
malfeasance or misfeasance in the discharge of the duties of his office.
[Added 11-6-2023 by Ord. No. 2023-69[2]]
The Village of Elmwood Park shall provide all full-time employees
of the Village with no less than five work days of paid leave per
year, to be administered pursuant to the applicable personnel policies
of the Village or a bona fide collective bargaining or other agreement.
[1]
Editor's Note: Ordinance No. 2024-03, adopted 1-8-2024, declared that Cook County Ord. No. 24-0583 conflicts with Village Ord. No. 2023-69, and, as such, Village Ord. No. 2023-69 prevails over County Ord. No. 24-0583, in accordance with Article VII, Section 6(c) of the Constitution of the State of Illinois. Ordinance No. 2024-03 also specifically excluded the Village of Elmwood Park, as a municipal employer, from coverage under Cook County Ord. No. 24-0583, and provided that all pre-existing ordinances, policies, and agreements regarding paid time off for municipal employees, including § 2-11A, shall remain in full force and effect.
