HomeMy WebLinkAbout020-O-21 Amending Title 1, Chapter 10 of the Evanston City Code, "City of Evanston Code of Ethics and Board of Ethics"3/30/2021
5/4/2021
5/14/2021
8/20/21
20-O-21
AN ORDINANCE
Amending Title 1, Chapter 10 of the Evanston City Code,
“City of Evanston Code of Ethics and Board of Ethics”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Title 1, Chapter 10, “Board of Ethics,” of the Evanston City
Code of 2012, as amended, is hereby deleted in its entirety and further amended to
read as follows:
Chapter 10 – City of Evanston Code of Ethics and Board of Ethics.
1-10-1. - PURPOSE.
The purpose of this Chapter is to provide a Code of Ethics for the City of Evanston,
establish a Board of Ethics and set forth an ethics complaint process.
1-10-2. - DEFINITIONS.
Appointed Official.Any member of a board or commission appointed by the Mayor
or the City Council.
City approval.Any contract, legislative action, administrative action,
transaction, zoning decision, permit decision, licensing decision,
or other type of approval action that may be the subject of an
official City act or action by the Corporate Authorities.
Code.The City of Evanston Code of Ethics.
Compensated
time.
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 their employment. For
purposes of this Code, compensated time shall not include any
designated holidays, vacation periods, personal time,
compensatory time or any period when the employee is on a
leave of absence. For employees whose hours are not fixed,
"compensated time" includes any period of time when the
employee is on premises under the control of the City and any
other time when the employee is executing their City duties,
regardless of location.
Compensatory
time.
Authorized and documented time off from work 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 employment with the City.
Complaint.The City of Evanston’s Complaint and Inquiry Form which
contains the name of the person alleging the violation of the
Ethics Code, the name of the person accused and sets forth the
specific act(s) of a Covered person alleged in violation of the
Ethics Code. The Complaint shall include all facts personally
known to the person filing the complaint that support the
allegations. The Complaint and Inquiry Form must be signed and
certified pursuant to 735 ILCS 5/1-109.
Covered person.Unless otherwise stated or expressly limited, this shall mean
every elected official, appointed official or employee of the City.
Corporate
Authorities
The Mayor and the City Council, when City Council is in session.
Director.Each City department head.
Elected official.The Mayor, any member of the City Council chosen by the City
electorate and any duly appointed member of the City Council
and the City Clerk.
Employee.Any person employed by the City (whether part-time or full time
and whether or not pursuant to a contract) whose duties are
subject to the direction and control of the City Council or a City
supervisor with regard to the material details of how the work is
to be performed. Employee does not include an independent
contractor. An elected official is not an employee.
Gift.Any money, fee, commission, credit, gratuity, thing of value
including a discount, entertainment, hospitality, loan,
forbearance, other tangible or intangible item having monetary
value. This includes compensation of any kind including, but not
limited to, cash, food and drink, or honoraria for speaking
engagements related to or attributable to government
employment or the official position of a covered person.
Hearing Officer.As defined by Title 11 Chapter 1, Section 7 of this Code.
Interest in real
property.
This shall include, but is not limited to any legal or beneficial
interest whatsoever in real property through (i) a trust; or (ii)
contract to purchase where title may not have been yet
conveyed; or (iii) a corporation, an investment group or limited
liability company or partnership; or (iv) leasehold or rental
agreement.
Intra-governmental
and inter-
governmental gifts.
Intra-governmental gift means any gift given to a covered person
from another covered person. Inter-governmental gift means any
gift given to a covered person by an elected official, appointed
official or employee of another public body.
Other members of
a person's
household.
A person who is not a spouse or minor child of a covered person
who resides at the same residence of the covered person at
least 180 days per year and does not pay fair market value rent.
Persons or entities
doing business.
Any one or any combination of sales, purchases, leases or
contracts to, from or with the City in an amount in excess of
$10,000 in any twelve (12) consecutive months.
Persons or entities
seeking to do
business.
(1) Any person taking any action within the past six (6) months to
obtain a contract or business from the City when, if such action
were successful, it would result in the person’s doing business
with the City, and the contract or business sought has not been
awarded to any person; or (2) any matter that was pending
before the City Council in the six months prior to the date of the
contribution if the matter involved the award or loan funds, grant
funds or bond proceeds, bond inducement ordinances, leases,
land sales, zoning matters, the creation creating of tax increment
financing districts or concession agreements.
Political
organization.
A political party, committee, association, fund, or other
organization (whether or not incorporated) that is created to
further the election of a candidate or in furtherance of a law,
ordinance or referendum.
Prohibited source.Any person or entity who (that):
(a) Whether directly or indirectly seeks or solicits any official
action from a covered person or from a public body or a person
who directs a covered person;
(b) Whether directly or indirectly, does business with or seeks
to do business with a covered person or with a public body or a
person who directs a covered person;
(c) Whether directly or indirectly, is regulated by a covered
person or by a public body or a person who directs a covered
person;
(d) Whether directly or indirectly has any interest that may be
substantially affected by the performance or non-performance of
the official duties of a covered person; or
(e) Is registered or required to be registered with the Secretary
of State under the Lobbyist Registration Act, except that an
entity not otherwise considered to be a prohibited source does
not become a prohibited source merely because a registered
lobbyist is a member of that entity or serves on its board of
directors.
Protected activity.For purposes of this Chapter, protected activities means the
following:
(a) Disclosure or request to disclose an activity, policy or
practice that any covered person would reasonably believe is a
violation of a federal, state or City law, rule or regulation;
(b) Providing of information to or testimony before any public
body conducting an investigation, hearing or inquiry of any kind
into any possible violation of a federal, state or City law, rule or
regulation; or
(c) Cooperation with or participation in any federal, state, or
municipal proceeding to enforce the provisions of this Code of
Ethics.
Public body.(1) The federal government, federal agency, federal judiciary,
federal official or employee, any federal law enforcement agency
or office, or federal grand jury or petit jury;
(2) a state government, state agency, state judiciary, state
official or employee, any state law enforcement agency or office
or state grand jury or petit jury;
(3) a municipal government, municipal agency or department,
municipal committee, municipal judiciary, municipal official or
employee, any municipal law enforcement agency or office; or
(4) county, township, special districts, or other taxing entity.
Retaliatory action.(a) Retaliation against an employee: Adverse action of any
kind against any employee including but not limited to the
reprimand, discharge, suspension, demotion or denial of
promotion or transfer of any employee, or the imposition of a
punishment as set forth in this Code of Ethics that is
administered to an employee because of the employee's
involvement in protected activity as set forth in this Code of
Ethics;
(b) Retaliation against an elected official or appointed official:
Adverse action of any kind against an elected official or
appointed official including, but not limited to, the filing of a bad
faith complaint by a covered person against an elected official or
appointed official for a violation of this Code of Ethics or the
imposition of discipline as set forth in this Code of Ethics that is
administered against an elected official or appointed official
because of an elected official's or appointed official's
involvement in a protected activity as set forth in this Code of
Ethics; or
(c) Retaliation against any individual or entity: Adverse action
of any kind by a covered person against any individual or entity
including, but not limited to, the refusal of services, threats of
any kind including the threat of applying stricter requirements or
restrictions or standards of any kind, monitoring with excessive
visits, differential or discriminatory behavior of any kind,
harassment, delay, changing deadlines or changing required
standards of performance or conduct, or the initiation of
investigations without a good faith cause that is taken because
of the individual's or entity's involvement in a protected activity
as set forth in this Code of Ethics.
Special Counsel Counsel for Board of Ethics. Counsel for the investigation and
prosecution of Ethics Complaints.
Supervisor.An employee who has the authority to direct and control the
work performance of another employee or who has authority to
take corrective action regarding any violation of a law, rule or
regulation.
1-10-3. - REQUIREMENTS FOR FINANCIAL DISCLOSURE AND AFFILIATION.
(A)Disclosure of interest in real property. Each elected official, appointed official,
director and employee who staffs a board of commission, shall file with the
City Clerk, a statement disclosing any ownership interest in real property
located within the corporate limits of the City by the elected official, appointed
official, director or coordinator.
(B) Disclosure of business interests. Each elected official, appointed official,
director and employee who staffs a board of commission shall annually file
with the City Clerk, a statement disclosing the ownership in or the employment
by any business, firm, corporation or entity of any kind doing business with the
City. This shall not include an interest in a publicly traded entity where the
covered person holds less than one percent of the stock.
(C) Disclosure of other employment. Each elected official, appointed official,
director and employee who staffs a board of commission shall file annually
with the City Clerk, a statement specifying all employment for the previous
calendar year of the person filing the statement and the person’s spouse or
cohabitating partner. This statement shall include the name of the employing
entity, the number of hours typically worked per week, the nature of the
service performed in the course of such employment, and a statement of
whether the services performed were connected in any manner to the
individual's employment with the City or with City business.
This statement shall further disclose whether the covered person or covered
person's employer performed any service or work for the City for which the
covered person was compensated. This shall not include compensation for
work performed in the person's official capacity with the City.
(D) Filing and disclosure.
1. All disclosure statements described in this section shall be filed with the
City Clerk on or before July 1 of each calendar year, except as otherwise
set forth in this Code of Ethics, or within sixty (60) days of a change in
status. The City Manager or the Mayor and City Council shall have the
authority to require more frequent filings.
2. A person who is specially appointed as an officer, a person who is an
appointed official, a person who is elected in a special election, and all
newly hired employees shall have thirty (30) calendar days from election,
appointment or date of hire to file the disclosures required by this section.
3. Persons obligated to file disclosure statements pursuant to the laws of the
state shall also file copies of such disclosure statements with the City
Clerk.
4. Any disclosure required by this City Code Section 1-10-3 shall include the
disclosure of interests of the covered person's spouse, minor child and
other members of the covered person's household.
1-10-4. - REQUIREMENTS WITH RESPECT TO CONFLICTS OF INTEREST AND
STANDARDS OF CONDUCT.
(A) Impartiality. All Employees shall perform their duties with impartiality and
without prejudice or bias in their service to the residents of the City of
Evanston. No Employee shall grant or make available to any individual,
including other covered persons any consideration, treatment, advantage or
favor beyond that which is available to every other individual.
(B)Recusal and abstention. When an elected official or appointed official must
take official action on a legislative matter or in connection with their
performance of City duties as to which they have a conflict of interest or as to
which a person in their position would believe that there is an appearance of a
conflict of interest created by a personal, family, client, legislative interest, or
economic interest, they must disclose, either in advance in writing, or verbally
at the meeting at which such matter is to be entertained, to the Special
Counsel and to the board, commission, or City Council on which the person is
a member of, during an open session, the existence of the potential conflict of
interest. This official must then either eliminate the cause of the conflict of
interest or, if that is not feasible, abstain from any direct or indirect official
action relating to the matter including but not limited to participating in any
discussion, debate or vote relating to the matter. Any elected or appointed
official must state the reason for abstention at the time they abstain. It is
understood that there are certain statutory conflicts of interest which may not
be cured by recusal and abstention. Conflicts of interest such as are set forth
in 65 ILCS 5/3.1-55-10 and 50 ILCS 105/3a may be cured only by resignation
from office or as otherwise set forth in those statutes.
(C) Prohibition against interests in City contracts and business. No covered
person, whether paid or unpaid, shall have any direct or indirect interest in any
contract, work or business with or of the City except as permitted by 65 ILCS
5/3.1-55-10 of the Illinois Municipal Code.
(D)Prohibition against interests which are in conflict with or appear to be in
conflict with the performance of official duties. No covered person shall directly
or indirectly engage in any business or transaction or shall directly or indirectly
have a financial or other personal interest in a business or transaction that is in
conflict with or gives the appearance of being in conflict with the proper
discharge of their official duties or that impairs or may give the appearance of
impairing their independent judgment and/or independent action in the
performance of their official duties. For purposes of this Section, "personal
interest" shall include the financial interest of a spouse, minor child or other
household member of the covered person.
(E)Interest in a City approval. Each covered person having the power or duty to
directly or indirectly perform an official act or action that is related to a City
approval shall:
1. Disclose any direct or indirect interest, including that of a spouse or
cohabitating partner in the City approval being sought;
2. Disclose any direct or indirect interest in any business entity seeking the
City approval or in any entity representing, advising or appearing on behalf
of that business entity or person, whether paid or unpaid, in seeking the
City approval;
3. Not solicit, or discuss and or accept, while a covered person, an offer of
present or future employment with a person or business entity seeking the
City approval;
4. Not encourage, make or engage in any ex parte or unilateral application or
communication where a determination is to be made after a public hearing
and if such communication is made, the contents of the communication
shall be made part of the public record. Said communication only applies
where a covered person is a member of a hearing body when the
communication pertains to said hearing;
5. Not directly or indirectly solicit, accept or grant a future gift, favor, service
or anything of value from or to an entity or person seeking the City
approval or from any person or entity who was expected to receive a
material benefit, directly or indirectly on account of the City approval,
except:
a. A one-time consumable non-pecuniary gift with a value of less than
one hundred dollars;
b. A non-pecuniary award publicly presented in recognition of public
service.
(F) Prohibited campaign or political activity:
1. No covered person shall intentionally require any employee to and no
employee while on compensated time shall intentionally:
a. Use any City property or resources in connection with any
campaign or political activity;
b. Participate in any political activity for the benefit of any campaign
for elective office or any political organization;
2. No covered person shall intentionally:
a. Use the service of any employee by requiring performance by that
employee of any campaign or political activity;
b. Require any campaign or political activity as a part of an
employee's City duties or as a condition of continued City
employment or advancement;
c. Require an employee, at any time, to participate in any campaign or
political activity as consideration for the employee being awarded
any additional compensation or employee benefit in the form of a
salary adjustment, bonus, compensatory time, uncompensated
approved leaves of absence, or as a condition of continued
employment or advancement for that employee, or requiring such
participation for any other reason;
d. Award an employee additional compensation or employee
benefit(s), in the form of a salary adjustment, bonus, compensatory
time off, uncompensated approved leaves of absence, continued
employment, advancement, or otherwise, as consideration for that
employee's participation in any campaign or political activity;
e. Require any other covered person to make any campaign
contribution whether in money, in time, or through the provision of
any goods or services in consideration for the continued
employment or advancement of the covered person.
(G)Pre-acquisition of interest. No covered person shall directly or indirectly
acquire an interest in or an interest affected by any City approval at a time
when the covered person knew or reasonably should have known that the
acquired interest might be directly or indirectly affected by an official act or
action of such covered person.
(H)Appearances. No covered person shall appear on behalf of or against any
private party before any City board or commission in which the covered person
is a member thereof. This shall not include appearances on behalf of
themselves, their spouse or minor child or other member of the person's
household.
(I)Disclosure and/or use of confidential information. No covered person shall,
without proper legal authorization, directly or indirectly disclose confidential
information concerning the property, government or affairs of the City or use
such information to directly or indirectly advance the financial, personal or
other private interest of the covered person or any other person or entity.
(J)Public property. No covered person shall permit the use of or engage in the
unauthorized use of City owned funds, vehicles, equipment, materials or
property of any kind for political activity, personal convenience or profit or for
any other matter not related to official City business. This prohibition shall
apply irrespective of whether or not the public property is returned or
reimbursed. This prohibition shall not apply to the use of non-powered traffic
control items such as cones or other barricades used for civic events or block
parties. No political activity may take place on any City property or at any City
Ward Meeting.
1-10-5. - OFFICIAL MISCONDUCT.
A covered person commits official misconduct when in their official capacity intentionally
commits any one of the following acts:
(A)Performs an act in excess of their lawful authority, with intent to obtain a
personal benefit or advantage for themselves or for another person.
(B)Solicits or knowingly accepts for the performance of any act in connection with
their official duties any fee or reward which they know is not authorized by law
and which is not part of their regular compensation for the performance of their
official duties.
(C)Uses the prestige, power or influence of their office or employment to engage
in any transaction or any activity, which is, or would appear to be, in conflict or
incompatible with the proper discharge of their official duties, or which impairs,
or would appear to impair, the officer, appointed official or employee’s
independence of judgment or action in the performance of official duties. This
prohibition shall extend to any use of official position or employment for a
purpose that is or would to a reasonable person appear to be for the private
benefit of the officer, appointed office, employee or any member of their family,
rather than primarily for the benefit of the City.
(D)Purchases, receives or accepts any financial interest in any sale to the City of
any service or property.
(E)Accepts a retainer or any form of compensation from any private interest that
is expressly or implicitly contingent upon the occurrence of specific City action.
(F)Represents any private interest in any transaction involving the City for twelve
(12) months after their status as an elected official of the City terminates.
(G)Disregards their fiduciary responsibilities to the Corporation, including but not
limited to disclosure of confidential information to the public without prior
unanimous approval of the Corporate Authorities.
1-10-6. - GIFT BAN.
(A)Gift ban. Except as otherwise provided in this section, no covered person shall
directly or indirectly solicit or accept any gift from any prohibited source in
violation of any federal or state statute, rule or regulation or in violation of any
City ordinance, rule or regulation. This ban applies to and includes the spouse,
minor child, immediate family member, or other member of the household of
the covered person.
(B) Gift ban exceptions. The restrictions above do not apply to the following:
1. Opportunities, benefits, and services available on the same conditions as
for the general public;
2. Anything for which the covered person pays the market value that is
available on the same conditions as for the general public;
3. Any (i) contribution that is lawfully made under the election code or under
this Chapter; or (ii) activities associated with a fundraising event in support
of a political organization or candidate;
4. Educational materials and magazines;
5. Travel expenses paid for by the City for a meeting to attend to City
business that have been reviewed and approved by the City Manager or
their designee;
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 fiancé or fiancée;
7. Anything provided by an individual on the basis of a personal friendship
unless a reasonable person would have reason to believe that under the
circumstances the gift was provided because of the official position or
employment of the covered person and not because of personal
friendship;
8. In determining whether a gift is provided on the basis of personal
friendship, the covered person 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 in the actual knowledge of the covered person, the
individual who gave the gift personally paid for the gift or sought a
tax deduction or business reimbursement for the gift;
c. Whether in the actual knowledge of the covered person, the
individual who gave the gift also at the same time gave the same or
similar gifts to another covered person; and
d. Whether in the actual knowledge of the covered person, the
individual who gave the gift had any matter proposed or pending
before the City that related directly or indirectly to the covered
person.
9. Food, entertainment or refreshments not exceeding one hundred dollars
($100.00) per person in value and at no time can food and refreshments
exceed one hundred dollars ($100.00) in value, that are provided and
consumed on a single calendar day and that are provided in connection
with a meeting or event associated with official City duties provided (1)
that the food or refreshments are consumed on the premises from which
they were purchased, prepared or catered; and (2) that, in case of
employees, the anticipated provision of food or beverages is disclosed to
the supervisor of the employee(s) in writing no less than twenty-four (24)
hours in advance. For the purposes of this Section, "catered" means food
or refreshments that are purchased ready to eat and that are delivered by
any means. This provision is not intended to allow employees to receive
food or beverages which are not part of an official preapproved meeting in
connection with City duties;
10. Food, refreshments, lodging, transportation and other benefits resulting
from outside business or employment activities (or outside activities that
are not connected to the City duties of the covered person as an office
holder or employee) of the covered person, if the benefits have not been
offered because of the official position or employment of the covered
person, and are customarily provided to others in similar circumstances;
11. Intra-governmental and inter-governmental gifts;
12. Bequests, inheritances and other transfers at death; or
13. Anything provided as a gift to a covered person because that person is
retiring or leaving office or City employment provided that each such gift is
disclosed to the covered person’s supervisor and if that person is an
elected or appointed official, the disclosure will be to the City Manager or
their designee.
Each of the exceptions listed in this section is mutually exclusive and
independent of one another.
(C)Disposition of banned gifts. A covered person does not violate this Section if
the covered person makes timely disclosure in writing of the receipt of the gift
to the Special Counsel and informs the Special Counsel in writing that the
prohibited gift has been returned to the source identified in the written
disclosure, or provides written disclosure to the Special Counsel of the receipt
of the gift along with appropriate documentation which demonstrates that the
gift or an amount equal to its value has been given 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.
1-10-7. - WHISTLE BLOWER PROTECTION.
No covered person shall take or cause another to take any retaliatory action against any
person because that person has engaged in Protected Activity. Any covered person
with personal knowledge of a violation of this Code must report said violation to the
Special Counsel in accordance with this Code.
1-10-8. - ETHICS TRAINING.
(A)Ethics training: Beginning in 2020, each covered person must complete, on an
annual basis, an ethics training program provided by the Law Department in
conjunction with the Administrative Services Department. Any new employee,
newly elected or newly appointed Covered Person must complete the ethics
training within ninety (90) days of acceptance or swearing in of their new
position. This training program shall:
1. Require each covered person to review this Code of Ethics and to sign a
statement attesting to the fact that the covered person has read and
understands this Code of Ethics; and
2. Discuss the requirement that each covered person must act in accordance
with federal and state law and City regulations and in compliance with this
Code of Ethics. Each director must also implement an ongoing ethics
training program for that department's employees. This ongoing ethics
training program shall be overseen by the City Manager. The director of
each department and the City Manager, on an annual basis shall submit a
written statement to the Rules Committee attesting to the fact that the
ethics training has taken place during that calendar year.
(B)Each calendar year, the City of Evanston Law Department shall meet with the
City Manager to review the implementation of this Code of Ethics, the status of
ongoing training and discuss any needed changes. The Law Department and
City Manager shall make an annual report to the Rules Committee in writing
about this meeting, the status of the implementation of this Code of Ethics,
and any recommended changes.
1-10-9. - ABUSE OF THE CODE OF ETHICS.
It shall be a violation of this Code of Ethics for any covered person to knowingly engage
in the following conduct:
(A)Intentionally and in bad faith make a false report alleging a violation of any
provision of this Code of Ethics.
(B)Intentionally and in bad faith obstruct or attempt to obstruct the implementation
of this Code of Ethics or an investigation of any alleged violation of this Code
of Ethics.
1-10-10. - FORMAL COMPLAINTS.
Any person may file a formal ethics complaint in writing to the Special Counsel by within
thirty (30) days after the alleged violation has occurred.
(A)The complaint shall state the name of the person alleging the violation of the
Ethics Code, the name of the person accused (respondent) and set forth the
specific act or acts alleged to constitute a violation of the Ethics Code along
with all facts known to the person filing the complaint that support the
complaint. Any complaint not submitted on the City’s Complaint and Inquiry
Form will be stricken.
(B)An acknowledgment of receipt of the complaint shall be sent by the Special
Counsel via email to the person filing the complaint and respondent within
seven (7) calendar days of receipt of the complaint.
(C)The City of Evanston is the petitioner for the purposes of this Chapter.
(D)The Special Counsel shall make a preliminary jurisdictional determination as
to whether sufficient facts exist to constitute a violation of the Ethics Code.
Jurisdiction shall be determined if the Complaint is alleged against a covered
person and states allegations of a violation or violations of the Ethics Code.
(E)If the Special Counsel determines that there is no jurisdiction to prosecute a
charge for a violation of the Code of Ethics pursuant to this Chapter, or
determines that there is no cause to prosecute a violation of the Code of
Ethics as set forth in 1-10-10(D) of this Chapter, then within sixty (60) days of
receipt of the Complaint, the Special Counsel must file a written report with
the City Manager Clerk and the City Council Board of Ethics, detailing why
there is no jurisdiction or cause to prosecute a violation of the Code of Ethics.
A copy of the report must be sent to the person making the complaint and the
respondent.
(F)If jurisdiction and cause to prosecute a violation of the Code of Ethics is
determined by the Special Counsel, an Administrative Hearing shall be held in
accordance with 1-10-11 of this Chapter.
1-10-11. - SPECIAL COUNSEL.
(A)The Special Counsel must have demonstrable relevant experience in order to
be considered for the appointment and the Special Counsel must be a
licensed member, in good standing, of the Illinois Bar, at the time of
appointment and for the duration of their term.
(B)Special Counsel shall be appointed by the Mayor with the consent of the City
Council and will have duties as outlined in this Chapter. Special Counsel will
be administered through the City Manager’s Office and shall be an
independent contractor of the City.
(C)To receive and register complaints and information concerning alleged
violations of the Code of Ethics.
(D)To investigate the performance of covered persons in response to complaints
in order to detect and prevent misconduct of the Code of Ethics. In the event
Special Counsel’s investigation brings to light different facts than alleged in the
Complaint, Special Counsel is authorized to amend the Complaint to conform
with the facts as discovered in the investigation.
(E)To request information related to an investigation, audit or program review
from any covered person.
(F)To prosecute at Administrative Hearings, at his / her discretion, in the course
of any activity conducted pursuant to this Chapter an investigation hereunder.
(G)To issue summons to respondents and subpoenas and to call witnesses at the
Administrative Hearing at the discretion of the Administrative Hearing Officer
and to compel the attendance of witnesses for purposes of examination and
the production of documents and other items for inspection and/or duplication.
(H)To respond to subpoenas and Freedom of Information Act requests
associated with this Title of the City Code.
(I)Recommend to the Mayor, City Manager and City Council policies and
methods for the elimination of inefficiencies and waste in resources and the
prevention of misconduct.
1-10-12. ADMINISTRATIVE HEARINGS AND ETHICS CODE VIOLATIONS.
(A) The hearing shall be led by the Hearing Officer and shall include a review of all
evidence presented by the City through the Special Counsel, including all
relevant documents, records and witness testimony.
(B) Notice of the hearing shall be posted no less than forty-eight (48) hours prior
to the hearing on the City’s website.
(C)Within seven (7) days of the hearing, the Hearing Officer shall issue a written
finding, which shall include findings of fact, the identification of the specific
Ethics Code provision that was allegedly violated, and an opinion based upon
the factual findings as to whether the alleged violation is sustained, and a
recommendation regarding a fine. Written orders will be posted on the City’s
website and shall be emailed to the respondent by Special Counsel by the
Hearing Officer. Special Counsel will then send transmit the written findings
and entire record of proceedings to the Board of Ethics.
1-10-13. – ADMINISTRATIVE HEARING PROCEDURES FOR ETHICS CODE
VIOLATIONS
Title 11, Chapter 1 of the City Code shall govern the procedure for Administrative
Hearing Procedures for Ethics Code violations in so far as there is no conflict between
this Title and Title 11. In the event of a conflict between titles, this title shall govern for
the purposes the administrative procedure for Ethics Code violations. The City shall not
bear the cost or expense associated with the representation of any Covered Person in
any hearing under this Code. If a finding of not liable is entered against a Covered
Person, the City will reimburse the cost and expense associated with representation of
a Covered Person for that alleged violation.
1-10-14. - BOARD OF ETHICS ESTABLISHMENT, MEMBERSHIP,
QUALIFICATIONS, TERMS OF OFFICE, AND ORGANIZATION.
(A)The City of Evanston Board of Ethics is hereby established. The Board of Ethics
shall consist of three (3) members appointed by the Mayor with the consent of
the City Council.
(B)Three (3) voting members shall be appointed to the Board of Ethics by the Mayor
with the advice and consent of the City Council for a term of two (2) years. Each
member of the Board of Ethics may not serve more than two (2) year terms. The
appointed board members shall be residents of the City who are known for
personal integrity and sound judgment, who are not employees of the City, who
have no claim pending against the City, who have no contractual relationship
with the City, who preferably have a legal background or prior legal training, and
who have demonstrated the ability to use critical thinking and analytic skills. The
members shall serve without compensation for their services.
(C)If a vacancy occurs before the end of a term, a member shall be appointed by the
Mayor with the consent of the City Council for the unexpired portion of the term.
(D)At the first meeting of each year, the Board of Ethics shall elect a Chair and a
Vice-Chair. The Chair shall preside over all meetings. The Vice-Chair shall
perform all duties of the chair in the absence of the Chair. The Board of Ethics
shall also elect a Secretary. The Secretary will be tasked with preparing and
posting all agendas and taking minutes of all meetings.
1-10-15. - CALL OF MEETING.
The Board of Ethics shall only meet upon receipt of written findings from an
Administrative Hearing for an alleged violation of the Ethics Code, as necessary. The
Board of Ethics will operate in full conformance with the Illinois Open Meetings Act 5
ILCS 120/1 et seq. and in accordance with the Board of Ethics Rules.
1-10-16. - POWERS AND DUTIES.
The Board of Ethics shall have the following powers and duties:
(A)Within sixty (60) days after the Hearing Officer issues a written opinion and
findings, the Board shall meet to review the opinion and findings and either
affirm or reverse the findings;
(B)The Board of Ethics shall review the transcript of the hearing and the evidence
presented;
(C)Upon review, the Board will issue a written order affirming or reversing the
findings;
(D)A decision by the Board of Ethics is considered a final administrative decision
pursuant to the Illinois Administrative Review Act; 735 ILCS 5/3-101 et seq.;
(E)The Board of Ethics may adopt such rules as it deems necessary for the
conduct of its business; and
(F)The Board of Ethics shall only consider the evidence presented at
Administrative Hearings. No new evidence shall be considered. Should the
Board of Ethics determine further evidence should be considered, the Chair
shall enter a written order remanding the matter to Administrative Hearings for
further consideration;
(G)Upon entry of a final order by the Board of Ethics wherein a violation of this
Code is sustained, the Special Counsel may refer a final finding of a violation
of Section 1-10-3(D) and Section 1-10-5 of this Code to the Cook County
State’s Attorney’s Office in accordance with 5 ILCS 430/1-1 et seq.
1-10-17. - PENALTIES.
(A)Any person violating the provisions of this Title shall be guilty of an offense
punishable of a fine not less than one hundred dollars ($100.00) nor more
than seven hundred fifty dollars ($750.00). The fine will be due thirty (30) days
after issuance.
(B) Members of City Council found in violation of this Chapter may be disciplined
by City Council in accordance with City Council Rules. Nothing herein this
Chapter shall prevent the City Manager or his/her designee from taking
disciplinary action pursuant to the personnel rules and/or collective bargaining
agreements as deemed appropriate.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 4: Ordinance 20-O-21 shall be in full force and effect after its
passage and approval.
SECTION 5: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: _________________, 2021
Adopted: ___________________, 2021
Approved:
__________________________, 2021
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation
Counsel
March 30
September 27 9/29/21