HomeMy WebLinkAboutOrdinance 46-O-25, Amending Title 1, Chapter 10 _Code of Ethics and Board of Ethics_ to Require the Public Release of all Ethics Complaints and Jurisdictional Findings-17539154813137/7/2025
46-O-25
AN ORDINANCE
Amending Title 1, Chapter 10,
“Code of Ethics and Board of Ethics” of the Evanston City Code to
Require Public Release of All Ethics Complaints and Jurisdictional
Findings
WHEREAS, the Evanston City Council is committed to transparency, and
WHEREAS, the Evanston City Council determined that the public release
of all ethics complaints filed and jurisdictional findings is in the best interest of the City;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Title 1, Chapter 10, Section 10, “Formal Complaints” of the
Evanston City Code of 2012, as amended, is hereby further amend ed as follows:
1-10-10. FORMAL COMPLAINTS.
Any person may file a formal ethics complaint in writing to the Special Counsel
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.
Page 1 of 3
46-O-25
(E) If the Special Counsel determines that there is no jurisdiction to pro secute 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 Subsection 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 Clerk and the 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 Section 1-10-11 of this Chapter.
(G) All complaints and jurisdictional findings, excluding those complaints filed by an
anonymous complainant, shall be publicly released after a jurisdictional
determination is made by the Special Ethic’s Counsel.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this Ordinance 46-O-25 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 application of this
Ordinance is severable.
SECTION 4: Ordinance 46-O-25 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 Sta te of Illinois.
Page 2 of 3
46-O-25
Introduced: _________________, 2025
Adopted: ___________________, 2025
Approved:
__________________________, 2025
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra B. Ruggie, Corporation Counsel
Page 3 of 3