[HISTORY: Adopted by the City Council of the City of Crystal Lake as amended 5-17-2005 by Ord. No. 5938 (Art. II, Ch. IV, Section F, of the 1993 Code). Amendments noted where applicable.]
The regulations of Sections 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 Mayor and City Council shall by separate resolution establish procedures and rules governing the performance of the duties and powers of the Ethics Commission of the City of Crystal Lake regarding, but not limited to, in their discretion the appointment of a hearing officer to investigate and conduct hearings on any written complaints forwarded to the Commission with respect to violation of Ethics Act (5 ILCS 430/1-1 et seq.) as they may relate to any officer or employee of the City of Crystal Lake.
This chapter does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of City officers and employees. 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.
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.
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.