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HomeMy WebLinkAboutORDINANCES-1981-003-O-8112/18/80 3-0-81 AN ORDINANCE • Amending Title I, Chapter 10 of the Evanston City Code, 1979, by Adopting a Code of Ethics BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 11 That the Evanston City Code, 1979, as amended, be and hereby is further amended by adding to Title I, Chapter 10 thereof, Section 1-10-4 which shall read as follows: Section 1-10-4: Code of Ethics: A. Statement of Purpose of Policy. It is the policy of the City of Evanston that in all cases its elected • and appointed officers and employees perform their duties for the benefit of the citizens of the City of Evanston. They shall conduct the affairs of the City with integrity and impartiality, without allow- ing prejudice, favoritism, or the opportunity for personal gain to in- fluence their decisions or actions or to interfere with serving the public interest. Continuing observance of this policy is essential to maintaining the public trust necessary for good government. The City Council is there- fore adopting this Code of Ethics to establish guidelines for an ethical standard of conduct for officers and employees of the City of Evanston and to insure compliance with those guidelines. The standards.of this Code are intended to supplement and comply with the provisions regarding municipal officers in Section 3-14-4 of Chapter 24 of the Illinois Revised Statutes; Section 3 Chapter 102 of the Illinois Revised Statutes, and any other State statutes or or- dinances of the City of Evanston relating to ethical conduct for municipal 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 in- clude in this Code any provisions of a State Statute release officers and employees of the City from the 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 of Evanston, whether elected or appointed, paid or un- paid, including members of Boards and Commissions appointed by the 3-0-81 12/18/80 Mayor or City Council. 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 em- ployees in addition to the provisions of the Code. is C. Standards of Conduct. Every officer or employee of the City of Evanston shall be subject to and abide by the following standards of conduct: 1. Impartialit,y Every officer and employee shall perform his duties with im- partiality and without prejudice or bias for the benefit of all citizens of the City of Evanston. No officer or employee shall grant or make available to any citizen any consideration, treat- ment, 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 im- pair 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 re- lationships or close business or political association. Examples -of prohibited conflicts of interest are: a. Receiving Gifts and Favors. No officer or employee shall directly or indirectly solicit, accept or receive any valuable gift or benefit, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift or benefit was intended as a reward for an official action on his part or.was intended to influence the employee, or could reason- ably be expected to influence him, in the performance of his official duties. b. Disclosure of Confidential Information. No officer or em- ployee shall, without proper legal authorization, disclose confidential information concerning the property, govern- ment, or affairs of the City. Nor shall he use such in- formation to advance the financial or other private interests of himself or others. ' 3-0-81 12/18/80 3/9/81 c. 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. • d.. Representing Private Interests Before City Bodies or Courts. No employee or elected officer shall appear in behalf of private interests before any body of the City nor repre- sent private interests in any action or proceeding against the interests of the City in any litigation to which the City is a party. Nor shall he accept a retainer or compensation that is contingent upon a specific actior by a City body. However, 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 sitting in this City. An employee may also represent other employees in personnel matters, as pro- vided in the City's Personnel Code and Civil Service rules. e. Preacquisition of Interest. No public officer or employee shall acquire an interest in or affected by any contract or transaction at a time when the employee believes or has reason to believe that the contract or transaction will di- rectly or indirectly be affected by an official act or action of the City. f. 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 of- ficial duties. 4. Disclosure of Financial Interest. a. 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 Section 3-14-4 of Chapter 24 of the Illinois Revised' Statutes, 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 Deputy City Manager, Department Heads, and 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 sub- mit annually the signed and notarized Financial Disclosure and Affiliation Statement required by Section 1-10-3 of the Evanston City Code, 1979, as amended. 5. Political Activity. No non -elective employee shall use the prestige of his position in behalf of any political party or for any political purpose. iNo • appointment to or employment in any municipal position shall be de- pendent on political activity. -3= 3-0-81 10/19/80 • D. Administration of Code. 1. The Board of Ethics established pursuant to Section 1-10-1 of the Evanston City Code, 1979, as amended, shall be responsible for interpreting and proposing revisions to the Code of Ethics. 2. When any officer or employee of the City of Evanston 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 may apply to the Board of Ethics for an advisory opinion. Requests shall be in writing and shall contain a sum- mary of pertinent facts. The Board of Ethics may also initiate investigations of the conduct of officers and employees of the City of Evanston. 3. The Board of Ethics will consider matters in accordance with its Rules and Procedures. In these Rules and Procedures the Board shall make provisions to assure adequate confidentiality for those requesting or affected by its advisory opinions. If a matter concerns the conduct of an officer or employee, said officer or employee shall be given notice of the matter at issue and shall be given the opportunity to present his interpretation of the facts at issue and applicable provisions of the Code. 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. 4. Whenever the Board of Ethics finds it necessary to conduct a hear-, ing in order to secure pertinent information, or whenever any person whose conduct is subject to investigation demands a hear- ing, 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 pre- siding officer shall have the power to administer oaths and of firmati.ons, and compel attendance of persons and production of books, documents, papers, accounts, letters and records by sub- poena. 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 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. 5. 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 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 recommen- dations it deems suitable. 3-0-81 12/18/80 E. Sanctions. Violations of any provision of this Code may constitute a cause for censure, suspension, removal from office or employment or other dis- ciplinary action,,as determined by the appropriate City authority. F. Distribution of the Code. Copies of this 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. SECTION 2: That Section 1-10-2(B) of the Evanston City Code, 1979, as amended, be and hereby is further amended by re- vising it to read as follows: (B) To develop and recommend to the City Council a Code of Ethics applicable to public officials; SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. A; 7 l / Introduced %/ / (= 1981 Adopted 1981 Approved G0 /0 , 1981 or ATTEST: City Clerk " Approved as to form: Ile" U Corporation Counsel