HomeMy WebLinkAboutORDINANCES-2004-054-O-04• 1 /19/2005
1 /14/2005
12/8/2004
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AN ORDINANCE
Amending Title 1, Chapter 10 of the City Code
Regarding iOProhibited Political Activities" and i°Gift Bans" and
Restating the City's Ethics Ordinance
WHEREAS, the Illinois General Assembly has enacted the State
Officials and Employees Ethics Act (Public Act 93-615, effective November 19,
2003, as amended by Public Act 93-617, effective December 9, 2003) ("the Act'),
which is a comprehensive revision of State statutes regulating ethical conduct,
political activities and the solicitation and acceptance of gifts by State officials
and employees; and
• WHEREAS, the Act requires all units of local government to adopt
ordinances regulating the political activities of, and the solicitation and
acceptance of gifts by, the officers and employees of such units "in a manner no
less restrictive" than the provisions of the Act; and
WHEREAS, it is the clear intention of the Act to require units of local
government to implement regulations that are at least as restrictive as those
contained in the Act, and to impose penalties for violations of those regulations
that are equivalent to those imposed by the Act, notwithstanding that such
penalties may exceed the general authority granted to units of local government to
penalize ordinance violations; and
• WHEREAS, it is the clear intention of the Act to provide units of
local government with all authority necessary -to -implement its -requirements On
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the local level regardless of any general limitations on the power to define and
punish ordinance violations that might otherwise be applicable;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That Title 1, Chapter 10 of the Evanston City Code of
1979, as amended, be and it hereby further amended to read as follows:
Section 1-10-1: ESTABLISHMENT OF BOARD OF ETHICS: There is
hereby established the Evanston Board of Ethics, which shall consist of five (5)
members appointed by the Mayor with the advice and consent of the City
Council to terms of three (3) years. The Mayor shall designate the chairman.
(Ord. 30-0-95).
Section 1-10-2: PURPOSE: The purpose of the Board of Ethics shall be
as follows:
(A) To secure and maintain financial disclosure and affiliation statements from
those persons required to file such a statement;
(B) To develop and recommend to the City Council a Code of Ethics
applicable to public officials;
(C) To evaluate, make findings of fact and issue advisory opinions for the City
Council on questions of possible unethical conduct or conflict of interest. When
the possible unethical conduct or conflict of interest concerns the prohibited
political activities, or gift ban provisions of this Code, the Board may recommend
to the City Council that the matter be referred to the Law Department for
appropriate action pursuant to 5 ILCS 430/1-1, et seq. Such deliberations may
be initiated by the Board or upon request, given due cause.
(D) To consider related issues in addition to references from the City Council; and
(E) To develop rules and procedures to govern its own conduct of business.
The Board of Ethics shall report to the Rules Committee of the City Council, as
needed, or at least annually. (Ord. 59-0-01).
Section 1-10-3: FINANCIAL DISCLOSURE AND AFFILIATION STATEMENT:
(A) All elected officials, the City Manager, the Assistant City Manager,
—department heads and members and executive- staff of a.11boards, commissions,
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• special committees, and those persons holding other positions designated by the
City Council or the City Manager, shall annually on May 1st submit a signed and
notarized financial disclosure and affiliation statement.
Said statement shall be submitted to the City Clerk by those required to submit
same prior to their taking office or being seated as a member of the pertinent
boards or commissions, and thereafter annually on May 1 during their tenure with
the City. Disclosure statements shall be destroyed annually upon receipt of a
newly filed statement or no later than the May 1 following the completion of a
term of service. In the event any substantial change or addition occurs with
respect to the information required in the disclosure statement, an amendment to
the statement shall be filed within fifteen (15) business days. (Ord. 59-0-01).
(B) Persons required to submit a financial disclosure and affiliation statement
shall answer the following questions on a form to be supplied by the City Clerk:
(1) The addresses of all Evanston real estate or the titles of land trusts,
of which you and/or your spouse or any relative living with you have a financial
ownership or interest, and a listing of that Evanston real estate for which zoning
and rezoning applications are pending.
(2) The name(s) of any entity(ies) doing business with the City of
• Evanston or the Township of the City of Evanston in which you and/or your
spouse or any relative living with you are employed or from which you receive
income, including pension or retirement income, except for social
security payments.
(3) The name(s) of any entity(ies) doing business with the City of
Evanston or the Township of the City of Evanston in which you and/or your
spouse or any relative living with you have an element of ownership or have an
investment having a fair market value in excess of five thousand dollars
($5,000.00), excepting any investment in securities traded on a recognized
exchange with a fair market value of twenty thousand dollars ($20,000.00) or less
on the date of filing.
(4) The name(s) of those organizations and/or institutions that receive
funds or direct services from the City in which you or your spouse or any relative
living with you are an employee, officer, Board member or trustee.
(5) The nature of any professional or occupational licenses or
franchises issued by the City of Evanston to you, your spouse, or any relative
living with you.
• (6) A statement of whether you, your spouse, or any relative living with
you owns property, receives any gifts or income or has any economic interest or
association -which creates -or could give -rise to -a conflict -of interest-: - --
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(7) The name, (and) address and nature of the business of the •
employer of you and/or your spouse or any relative living with you.
(8) A statement that the signing officer or employee has read the Code
of Ethics and that the information provided in the financial disclosure and
affiliation statement is true, correct and complete to the best of
his/her knowledge. (Ord. 1-0-84).
(C) The disclosure statements of elected officials and the City Manager will be
maintained on file with the City Clerk and the Board of Ethics. Statements are
available for review by the general public upon specific request to the City Clerk
during regular business hours. When a request for viewing of an ethics statement
is made, the person whose ethics statement is requested shall be notified and
the person viewing his or her statement named.
(D) The disclosure statements of all members of boards, commissions and
committees shall be filed, reviewed, and maintained in confidence by the Board
of Ethics. (Ord. 20-0-78; amd.).
(E) The disclosure statements of the Assistant City Manager, department
heads, executive staff of boards, commissions and committees shall be filed,
reviewed and maintained in confidence by the City Manager. Upon request, the •
Board of Ethics may review in confidence these statements. (Ord. 20-0-78 amd.
and Ord. 59-0-01).
Section 1-10-4: CODE OF ETHICS:
(A) Statement of Purpose of Policy: It is the policy of the City that in all
cases its elected and appointed officers and employees perform their duties for
the benefit of the citizens of the City. They shall conduct the affairs of the City
with integrity and impartiality, without allowing prejudice, favoritism or the
opportunity for personal gain to influence their decisions or actions or to interfere
with serving the public interest. Further, it is the policy of the City that spouses
and immediate family members living with the officer or employee comply with
the gift ban provisions of this Code.
Continuing observance of this policy is essential to maintaining the public trust
necessary for good government. The City Council is therefore adopting this
Code of Ethics to establish guidelines for an ethical standard of conduct for
individuals covered by this Code, and to ensure compliance with
those guidelines.
The standards of this code are intended to supplement and comply with the •
provisions regarding municipal officers in 65 Illinois Compiled Statutes and
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• 50 Illinois Compiled Statutes 105/1, et seg., and any other state statutes or
ordinances of the City relating to ethical conduct for City officers and employees.
The obligations of this Code shall not be limited to the provisions of the state
statutes specified herein, nor shall the failure to include in this Code any
provisions of a state statute release officers and employees of the City and other
covered individuals from obligations, responsibilities and penalties imposed by
state law.
This Code is not to be construed so as to impair the ability of City officers and
employees to participate in ceremonial, representational, or informational
functions in the performance of their official duties.
(B) Persons Covered by this Code: The provisions of this Code shall
apply to any officer or employee of the City, whether elected or appointed, paid
or unpaid, including members of boards and commissions appointed by the
Mayor or City Council. In addition to the foregoing persons, Section 1-1 0-4(C)5
of this Chapter relating to the gift ban shall apply to the spouse and immediate
family members living with any officer or employee. The term "officer" applies
throughout this Code to members of boards and commissions appointed by the
Mayor or City Council as well as to other municipal officers.
• The City Manager may promulgate rules and regulations for City employees in
addition to the provisions of this Code.
(C) Standards of Conduct: Every officer or employee of the City shall be
subject to and abide by the following standards of conduct:
(1) Impartiality: Every officer and employee shall perform his duties
with impartiality and without prejudice or bias for the benefit of all citizens of the
City. No officer or employee shall grant or make available to any citizen any
consideration, treatment, advantage or favor beyond that which is available to
every other citizen.
(2) Use of Public Property: No officer or employee shall request or
permit the unauthorized use of City -owned vehicles, equipment, materials or
property for personal convenience or profit.
(3) Conflict of Interest: No officer or employee 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 official duties in
the public interest or which may tend to impair his independence of judgment or
action in the performance of his official duties. Personal, as distinguished from
• financial interest, includes an interest arising from blood or marriage relationships
or close business or political association. A business transaction, or financial or
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personal interest which is within the exceptions to the gift ban provisions of •
Section 1-1 0-4(C)5 does not violate the Code.
Examples of prohibited conflicts of interest are:
(a) Disclosure of Confidential Information: No officer or
employee shall, without proper legal authorization, disclose confidential
information concerning the property, government or affairs of the City. Nor shall
he use such information to advance the financial or other private interests of
himself or others.
(b) Abuse of Power of Office: No officer or employee shall use
the prestige or power of his office or employment for his private gain or for the
private gain of another. (Ord. 3-0-81).
(c) Representing Private Interest Before City Bodies or
Courts: No employee or elected officer shall appear on behalf of private interests
before any body of the City in a manner calculated to leave the impression that
he/she is speaking for the City of Evanston, or acting on behalf of the City of
Evanston when he/she is not authorized to do so. Any person so appearing shall
indicate affirmatively that he/she is speaking in an individual capacity or as a
representative of an organization or group other than the City. Nor shall any
employee or elected officer represent private interests in any action or proceeding •
against the interests of the City in any litigation, administrative proceeding, or other
type of adjudicative proceeding to which the City is a party. Nor shall he accept a
retainer or compensation that is contingent upon a specific action by a City body.
Except as may be provided for in the rules and organization of the City Council, a
Council member may appear without receiving additional compensation therefor,
on behalf of constituents in the course of his duties as a representative of the
electorate or in the performance of public or civic obligations. And an officer or
employee may appear on behalf of himself, his spouse, or minor children before
any City body or branch of the circuit court. An employee may also represent
other employees in personnel matters, as provided in the City's personnel code
and civil service rules.
(d) Preacquisition of Interest: No public officer or employee
shall acquire an interest in or be affected by any contract or transaction at a time
when the officer or employee believes or has reason to believe that the contract
or transaction will directly or indirectly be affected by an official act or action of
the City.
(e) Incompatible Employment: No public officer or employee
shall engage in or accept private employment or render services for private
interests when such employment or service creates a conflict with or impairs the •
proper discharge of his official duties.
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• Section 1-10-4(C)4: PROHIBITED POLITICAL ACTIVITIES:
(A) Definitions:
(1) "Campaign for elective office" means 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:
(i) relating to the support or opposition of any executive,
legislative, or administrative action,
(ii) relating to collective bargaining, or
(iii) that are otherwise in furtherance of the person's
official duties.
(2) "Candidate" means a person who has filed nominating papers or
petitions for nomination or election to an elected office, or who has been
appointed to fill a vacancy in nomination, and who remains eligible for placement
on the ballot at a regular election, as defined in Section 1-3 of the Election Code
• (10 ILCS 5/1-3).
(3) "Collective bargaining" has the same meaning as that term is
defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 315/3).
(4) "Compensated time" means, 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 Chapter, 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 or
employee 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.
(5) "Compensatory time off' means 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.
• (6) "Contribution" has the same meaning as that term is defined in
Section 9-1.4 of the Election Code (10 ILCS 5/9-1.4).
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(7) "Employee" means a person employed by the City, whether on a
full-time or part-time basis or pursuant to a contract, whose duties are subject to •
the direction and control of the City with regard to the material details of how the
work is to be performed, but does not include an independent contractor.
(8) "Employer" means the City of Evanston.
(9) "Leave of absence" means any period during which an employee
does not receive:
(i) compensation for employment,
(ii) service credit towards pension benefits, and
(iii) health insurance benefits paid for by the City.
(10) "Officer" means a person who holds, by election or appointment,
an office created by statute or ordinance, regardless of whether the officer is
compensated for service in his or her official capacity.
(11) "Political activity" means any activity in support of or in
connection with any campaign for elective office or any political organization, but
does not include activities:
(i) relating to the support or opposition of any executive, •
legislative, or administrative action,
(ii) relating to collective bargaining, or
(iii) that are otherwise in furtherance of the person's
official duties.
(12) "Political organization" means 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 (10 ILCS 5/9-3), but only with regard to
those activities that require filing with the State Board of Elections or
County Clerk.
(13) "Prohibited political activity" means:
(a) Preparing for, organizing, or participating in any political
meeting, political rally, political demonstration, or other political event.
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• (b) Soliciting contributions, including but not limited to the
purchase of, selling, distributing, or receiving payment for tickets for any political
fundraiser, political meeting, or other political event.
(c) Soliciting, planning the solicitation of, or preparing any
document or report regarding anything of value intended as a
campaign contribution.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) Making contributions on behalf of any candidate for elective
office in that capacity or in connection with a campaign for elective office.
0) Preparing or reviewing responses to candidate
questionnaires in connection with a campaign for elective office or on behalf of
a political organization for political purposes.
(k) 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.
(1) Campaigning for any elective office or for or against any
referendum question.
• (m) Managing or working on a campaign for elective office or for
or against any referendum question.
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(n) Serving as a delegate, alternate, or proxy to a political
party convention. •
(o) Participating in any recount or challenge to the outcome of
any election.
(14) "Prohibited source" means any person or entity who:
(a) Is seeking official action:
(i) by an officer, or
(ii) by an employee, or by the officer or another employee
directing that employee;
(b) Does business or seeks to do business:
(i) with the officer, or
(ii) with an employee, or with the officer or another
employee directing that employee;
(c) Conducts activities regulated:
(i) by the officer, or •
(ii) by an employee, or by the officer or another employee
directing that employee; or
(d) Has interests that may be substantially affected by the
performance or non-performance of the official duties of the officer or employee.
(e) Is required to be registered with the Secretary of State under
the Lobbyist Registration Act, except that an entity does not become a prohibited
source merely because a registered lobbyist is one of its members or serves on
its board of directors.
(B) Engaging in Prohibited Political Activity:
(1) No officer or employee shall intentionally perform any prohibited
political activity during any compensated time, as defined herein. No officer or
employee shall intentionally use any property or resources of the City in
connection with any prohibited political activity. No employee shall use the
prestige of his or her position on behalf of any political party or for any •
political purpose.
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• (2) At no time shall any officer or employee intentionally require any
other officer or employee to perform any prohibited political activity:
(i) as part of that officer's or employee's duties,
(i i) as a condition of employment, or
(iii) during any compensated time off such as holidays,
vacation, or personal time off.
(3) 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. No appointment to or employment in any City position shall be
dependent on political activity.
(4) 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 Ethics Code.
(5) No person either:
(i) in a position that is subject to recognized merit
principles of public employment, or
(ii) 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.
Section 1-10-4(C)5: PROHIBITED SOLICITATION AND
ACCEPTANCE OF GIFTS:
(A) Gifts: For purposes of this Ethics Code, "Gift" means 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.
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(B) Gift Ban: Except as permitted by this Code, no officer or employee, and
no spouse of or immediate family member living with any officer or employee •
shall intentionally solicit or accept any gift from any prohibited source, as defined
in Section 1-10-4(C)4(A)14, or which is otherwise prohibited by law or ordinance.
No prohibited source shall intentionally offer or make a gift that violates this
Section 1-10-4(C)5.
(C) Exceptions: The gift ban prohibition in Subsection (B) of this Section
and in the conflict of interest provision of Section 1-1 0-4(C)3 is not applicable to
the following:
(1) Opportunities, benefits, and services that are available on the same
conditions as for the general public.
(2) Any:
(i) contribution that is lawfully made under the Election
Code, or
(ii) activities associated with a fundraising event in
support of a political organization or candidate.
(3) 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.
(4) Any gift' thing 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:
(i) 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,
•
The State Act prohibits "anything provided...".
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• (ii) whether to the actual knowledge of the recipient the
individual who gave the gift personally paid for the gift or sought a tax deduction
or business reimbursement for the gift, and
(iii) 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.
(5) 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) of the officer or
the spouse of the officer or the 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.
(6) Bequests, inheritances, and other transfers at death.
(7) Anything for which the officer or employee or his spouse or
immediate family member living with the officer or employee pays the
market value.
(8) Educational materials and missions.
• (9) Travel expenses for a meeting to discuss City business.
(10) Food refreshments not exceeding $75.00 (seventy-five and no/100
dollars) per person in value on a single calendar day; provided that the food or
refreshments are:
(i) consumed on the premises from which they were
purchased or prepared, or
(ii) catered. For the purposes of this Section, "catered"
means food or refreshments that are purchased ready to eat and delivered by
any means.
(11) Intra-governmental and inter -governmental gifts. For the purposes
of this Section, "intra-governmental gift" means any gift given to an officer or
employee of the City from another officer or employee of the City; and "inter-
governmental gift' means any gift given to an officer or employee of the City by a
member, officer, or employee of a State agency, a federal agency, or of any
governmental entity.
• (12) Any item or items from any one prohibited source during any
calendar year having a cumulative value of less than $100.00 (one hundred and
no/1-00 dollars) - - - - - - -
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Each of the exceptions listed in this Section is mutually exclusive and •
independent of every other.
(D) 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 the
State Officials and Employees Ethics Act ("the Act") if the recipient promptly
takes action to return a gift from a prohibited source. An officer or employee, or
his or her spouse or immediate family member living with the employee or officer,
does not violate The Act if the recipient promptly takes reasonable action to
return the prohibited gift 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.
(E) Notwithstanding the above exceptions to the Gift Ban, any policy
promulgated by the City Manager, or any rule or collective bargaining agreement
regarding the receipt of gifts by City employees which is more restrictive than the
State Act shall supercede said exception.
Section 1-10-4(C)6: DISCLOSURE OF FINANCIAL INTEREST:
(A) Financial Interest: No officer or employee shall have any financial
interest in any business or transaction with any board, commission, committee or •
public body of the City unless, as provided in 65 Illinois Compiled Statutes
5/3-14-4, that officer or employee discloses the nature and extent of such interest
and refrains from voting upon the resolution of the business or transaction.
(B) Financial Disclosure Statement: All elected officials, the City Manager,
the Assistant City Manager, department heads, members and executive staff of
all boards, commissions, special committees and those persons holding other
positions designated by the City Council or the City Manager shall submit
annually the signed and notarized financial disclosure and affiliation statement
required by Section 1-10-3 of this Chapter, as amended. (Ord. 3-0-81, amd.,
and Ord. 59-0-02).
Section 1-10-4(D): ADMINISTRATION OF CODE:
(1) The Board of Ethics established pursuant to Section 1-10-1 of this
Ethics Code, shall be responsible for interpreting and proposing revisions to the
Code of Ethics.
(2) When any officer or employee of the City wishes to have advice on
the applicability of any provision of this code to a particular situation, or an •
interpretation of terms used in this code, he/she may apply to the Board of Ethics
for -an advisory. -opinion. Requests . shall be - in -writing and- -shall ._ conta-in a - -
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• summary of pertinent facts. The Board of Ethics may also initiate investigations
of the conduct of persons subject to the Code.
(3) The Board of Ethics will consider matters only in accordance with
rules and procedures enacted in conformity with this Chapter. These rules shall
require that any person desiring to make a complaint of ethical misconduct
against persons subject to the Code, the City shall make the complaint in writing
and under oath, on a form prescribed and made available to the public by the
Law Department. No such complaint of official misconduct that fails to include
the following will be considered by the Board:
(a) Name, address and phone number of complainant(s).
(b) Name and position, as applicable, of respondent officer,
employee, or other person subject to this Code, if an officer or employee.
(c) Nature of alleged ethical misconduct.
(d) A detailed description of the evidence known to complainant
establishing the ethical misconduct. All documentary evidence supporting the
complainant's charges shall be attached to the complaint.
• (e) The Board of Ethics shall request each complainant to
maintain the confidentiality of the fact of filing the complaint by inserting the
following language in the complaint form:
To protect confidentiality, 1 have been requested to
not disclose the fact of filing the complaint unless and
until the Board of Ethics informs the Complainant in
writing that the Board has concluded that it has
jurisdiction to conduct an investigation of the charges
and intends to do so.
(f) The complaint form shall contain this statement:
This complaint will not be considered by the Ethics
Board unless first filed with the Law Department.
(4) Within fourteen (14) days of receipt of a complaint of ethical
misconduct as above described, the Law Department, after making an
appropriate inquiry, shall issue a confidential written advisory report containing
findings and conclusions as to each of the following questions:
• (a) Is or was the respondent a person subject to the Code as defined
herein at the time of the alleged ethical misconduct?
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(b) Is the ethical misconduct complained of covered by the
Ethics Code? •
(5) The report of the Law Department shall be sent by prepaid
receipted delivery to each member of the Board of Ethics and to the complainant
within fourteen (14) days of the filing of the complaint with the Law Department.
The Board shall consider said report and the findings and conclusions therein in
executive session at a meeting no later than at its next regularly scheduled
meeting. If the Board finds that it has no jurisdiction, it shall send a copy of its
decision to the complainant within two (2) business days of such finding. If the
Board finds that it has jurisdiction and will commence an investigation of the
charges set forth therein, or any parts thereof, the Law Department shall, within
two (2) business days of the finding, notify respondent of the charges then
pending against him/her by prepaid receipted delivery and enclose a copy of the
complaint. The Law Department also shall notify both parties of the date and
time when the complaint will be considered by the Board of Ethics; and shall
enclose a copy of the report, a copy of the Ethics Code, the Board's regulations
and rules of procedure, and all documents provided to the Board by the Law
Department in connection with this matter.
(6) Within thirty (30) days of receipt of the complaint sent by the Law
Department to the respondent or within five (5) days before the date of initial
Board consideration, whichever is later, the respondent shall at his or her option
be accorded the opportunity of presenting to the Law Department for distribution •
to Board members the respondent's interpretation of the facts and legal and
factual defenses to the charges.
(7) As more fully set forth in its procedures, the Board may request
additional information from other persons, may hold a hearing or hearings if it
determines such to be necessary, and shall render a written opinion setting forth
its conclusions with respect to each request for an opinion or each investigation it
initiates. Whenever the Board of Ethics finds it necessary to conduct a hearing in
order to secure pertinent information, or whenever any person whose conduct is
subject to investigation demands a hearing, such a hearing shall be arranged.
Such a hearing shall be public, unless the Board determines, upon the request of
any affected party or upon its own motion, that the hearing shall be in executive
session. The members of the Board shall conduct the hearing unless the Board
concludes it is appropriate to appoint some other person as a hearing officer to
conduct the hearing and make recommendations to the Board. At any such
hearing, the presiding officer shall have the power to administer oaths and
affirmations and compel attendance of persons and production of books,
documents, papers, accounts, letters and records by subpoena. Any person who
appears before the Board at a hearing shall have the right to be represented by
counsel. The members of the Board or the hearing officer shall examine any
witnesses. The Board may also permit examination or cross examination by
counsel for -the affected -parties. At any --hearing, the Board or hearing officer shall
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• not be bound by the rules of evidence, but may hear and consider any evidence
it considers to have probative value on the issues before it.
(8) If the complaint is deemed sufficient to allege a violation of the
prohibited political activities or gift ban provisions of the Code, the Board shall
notify in writing the Law Department and shall transmit to the Law Department
the complaint and all additional documents in the custody of the Board
concerning the alleged violation. In making its determination as to sufficiency of
the complaint, the Board may utilize the procedure set forth in
Section 1-10-4(D)(7).
(a) A violation of Section 1-10-4(C)4 (prohibited political
activities) of this Chapter may be prosecuted as a criminal offense by an Attorney
for the City 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.
(b) A violation of Section 1-10-4(C)5 (relating to the gift ban) of
this Chapter may be prosecuted as a quasi -criminal offense by an Attorney
for the City.
• (9) A written report of any action taken with respect to any person
found to have violated the Code of Ethics shall be made to the Board of Ethics by
the appropriate City authority within thirty (30) days after receipt of the Board's
advisory opinion. Upon receipt of such a report, or if no report is made as
provided herein, the Board shall review the matter and make any further
recommendations it deems suitable.
SECTION 1-10-4(E): SANCTIONS AND PENALTIES:
(1) A person who intentionally violates any provision of Section
1-10-4(C) (prohibited political activities) of this Chapter may be punished by a
term of incarceration in a penal institution other than a penitentiary for a period of
no more than three hundred and sixty-four (364) days, and may be fined in an
amount not to exceed $2,500 (two thousand five hundred and no/100 dollars).
(2) A person who intentionally violates any provision of
Section 1-10-4(C)5 (gift ban) of this Chapter is subject to a fine in an amount of
not less than $1,001 (one thousand one and no/100 dollars) and not more than
$5,000 (five thousand and no/100 dollars).
(3) Any person who intentionally makes a false report alleging a
• violation of any provision of Section 1-10-4(C) (prohibited political activities) or
Section 1-10-4(C)5 (gift ban) of this Chapter to the local enforcement authorities,
the State's Attorney; or any other law -enforcement official -is g-uiltyof- a Class A
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54-0-04
misdemeanor and may be punished by a term of incarceration in a penal
institution other than a penitentiary for a period of not more than three hundred •
and sixty-four (364) days, and may be fined in an amount not to exceed $2,500
(two thousand five hundred and no/100 dollars).
(4) In addition to any other penalty that may be applicable, whether
criminal or civil, an officer or employee who intentionally violates any provision of
this Code may be subject to censure, suspension, removal from office or
employment or other disciplinary action, as determined by the appropriate
City authority.
SECTION 1-10-4(F): DISTRIBUTION OF CODE:
Copies of the Code of Ethics shall be distributed to all present City officers and
employees, as well as to all new employees and officers when they begin their
service to the City. (Ord. 1-10-54).
SECTION 1-10-5(A): INTERPRETATION:
1-10-5(A): INTERPRETATION: It is the intent of the City that the provisions of
this Chapter shall be substantially in accordance with the requirements of Section
5-15 and Article 10 of the State Officials and Employees Ethics Act. To the
extent that Section 5-15 and Article 10 of the State Officials and Employees
Ethics Act may be more restrictive than the requirements of this Chapter, the •
provisions of Section 5-15 and Article 10 of the State Officials and Employees
Ethics Act shall apply and control.
SECTION 1-10-5(B): FUTURE AMENDMENTS:
Any amendment to the State Officials and Employee Ethics Act, Public Act
93-615 as amended by Public Act 93-617 and applicable to units of local
government, that becomes effective after the passage of Ordinance 54-0-04
shall be incorporated in this Section by reference. However, any amendment
that makes its provisions optional for adoption by municipalities shall not be
incorporated into this Section by reference without formal action by the
City Council. (Ord. 92-0-99 and Ord. 1-10-54).
SECTION 1-10-6: SEVERABILITY:
If any provision, clause, sentence, paragraph, section, or part of this Chapter, or
application thereof to any person or circumstance, shall for any reason be
adjudged by a court of competent jurisdiction to be unconstitutional or invalid,
said judgment shall not affect, impair, or invalidate the remainder of this Chapter
and the application of such provision to other persons or circumstances, but shall •
be confined in its operation to the provision, clause, sentence, paragraph,
section, or - past thereof directly -involved_ - in the - controversy in - which such -
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54-0-04
• judgment shall have been rendered and to the person or circumstances involved.
It is hereby declared to be the legislative intent of the City Council that this
Chapter would have been adopted had such unconstitutional or invalid provision,
clause, sentence, paragraph, section or part thereof not been included.
C
0
•
SECTION 2: All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 3: That this ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner provided
by law.
Introduced: iiU✓t�U`� i , 2004
Adopted: /I�t.ct-P,��c �t{ , 2005
Approved:
Attest:
Mary P. orr , ity Clerk
A pro ed as to rm:
Corporation Counsel
�------"'f Lorraine H. Morton, Mayor
12005
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