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HomeMy WebLinkAboutchapter 1; ethics; gift ban 1 t 1' (05/17/04—Legal#3) Consent Sections 1-801 to 1-804 Ethics AN ORDINANCE AMENDING CHAPTER 1 OF THE MUNICIPAL CODE OF THE VILLAGE OF ARLINGTON HEIGHTS WHEREAS, the Illinois General Assembly has enacted the State Officials and Employees Ethics Act, 5 ILCS 430/1-1 et s., ("Act') which is a comprehensive revision of the State statutes regulating ethical conduct, political activities and the solicitation and acceptance of gifts by State officials and employees; and WHEREAS, pursuant to Section 70-5 of the Act (5 ILCS 430/70-5), all units of local government and school districts are required to adopt an ordinance or resolution regulating the political activities of, and the solicitation and acceptance of gifts by, their respective officers and employees, "in a manner no less restrictive" than the provisions of the Act, on or before May 19, 2004; and WHEREAS, the Village desires to come into compliance with the provisions of the Act; NOW, THEREFORE, BE TT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ARLINGTON HEIGHTS, COOK COUNTY,ILLINOIS, AS FOLLOWS: SECTION ONE: That Article VIII of Chapter 1 Municipal Code of Arlington Heights is hereby amended by deleting it in its entirety and replacing it with a new Article VIII, as set forth below: Article VIII: STATE OFFICIALS AND EMPLOYEES ETHICS ACT Section 1-801 Adoption of the Act. a. The regulations of Sections 5-15 (5 ILCS 430/5-15) and Article 10(5 ILCS 430/10- 10 through 10-40) of the State Officials and Employees Ethics Act, 5 ILCS 430/1-1 et M.; (hereinafter referred to as the "Act" in this Section) are hereby adopted by reference and made applicable to the officers and employees of the Village to the extent required by 5 ILCS 430/70-5. b. The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act,by any officer or any employee of the Village, is hereby prohibited. C. The offering or making of gifts prohibited to be offered or made to an officer or employee of the Village under the Act, is hereby prohibited. d. The participation in political activities prohibited under the Act, by any officer or employee of the Village, is hereby prohibited. e. For purposes of this Section, the terms "officer and "employee" shall be defined as set forth in 5 ILCS 430/70-5 (c). � i a a e f. The penalties for violations of this Section shall be the same as those penalties set forth in 5 ILCS 430/50-5 for similar violations of the Act. Section 1-802 Existing Ethics Provisions. This Section does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of Village officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this Section, however, the provisions of this Section shall prevail in accordance with the provisions of 5 ILCS 430/70-5(a). Section 1-803 Future Amendments to the Act. Any amendment to the Act that becomes effective after the effective date of this Section shall be incorporated into this Section by reference and shall be applicable to the solicitation, acceptance, offering and making of gifts and to prohibited political activities. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Section by reference without formal action by the corporate authorities of the Village. Section 1-804 Future Declaration of Unconstitutionality of the Act. a. If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this Section shall be repealed as of the date that the Illinois Supreme Court's decision becomes final and not subject to any further appeals or rehearings. This Section shall be deemed repealed without further action by the Corporate Authorities of the Village if the Act is found unconstitutional by the Illinois Supreme Court. b. If the Illinois Supreme Court declares part of the Act unconstitutional but upholds the constitutionality of the remainder of the Act, or does not address the remainder of the Act, then the remainder of the Act as adopted by this Section shall remain in full force and effect; however, that part of this Section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the Corporate Authorities of the Village. SECTION TWO: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. AYES: KUCERA,TOWANIC,DADAT,FARNZLLphiOSENBERG&ST"GRZN,.JENSEN HATES.?lMIR NAYS: NONE PASSED AND APPROVED this 17th day of May,2004. ATTEST: Village President Village Clerk LEGLB:CodeAmendn=ts:01-801 to 01-804 2 Legal Department Memo To: Bill Dixon, Village Manager Gregory F. Ford, Assistant Village Manager Department Directors From: Robin R. Ward, Assistant Village Attorney"� Date: May 28, 2004 Re: New Ethics Ordinance As you know, late last year, the Illinois General Assembly approved two bills relating to ethics, now codified as the State Officials and Employee Ethics Act (5 ILCS 430/1-1 et seq.). The Act requires local governments to approve an ordinance covering prohibited political activities and new gift ban rules no less restrictive than those in the Act. The Village Board adopted such an ordinance at its May 17, 2004 meeting. The ordinance replaces the current Code provisions adopting the previous State Gift Ban Act and adopts the relevant portions of the Act in its place. The Act applies to all municipal employees, as well as appointed and elected officials. Briefly, the Act prohibits anyone covered under the Act from intentionally soliciting or accepting a gift from a prohibited source or in violation of any law. As with the previous Gift Ban Act, there is a list of exempt gifts. This new list is not as lengthy as the old one. It does not include exemptions for golf and tennis. Attached to this memo is the list of exemptions from the State statute. Two of the exemptions most likely to have an impact are: (8) Food or refreshments not exceeding $75 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 purchases or prepared or (ii) catered. (12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100. The Act does contain a section that permits an individual who has taken a gift which would violate the Act to avoid violation of the Act by either returning the gift or giving "the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation . In addition to the provision on gifts, there is also a section pertaining to prohibited political activities of employees during compensated time. That section is also attached. Briefly, it prohibits any employee from engaging in any prohibited political activity when they are working or using any property or resources of the Village in connection with any prohibited political activity. There is no definition of prohibited political activity in the Act. I have attached a list prepared by the Attorney General's office, which may provide guidance as to the kinds of things that would qualify as prohibited political activity. Feel free to share this with your employees and to call me if you have any questions. legrw.manager.Ethics Ordinance Memo 2004 Page 1 of 3 Eaw. IL ST CH 5 §430/10-15 Page 1 5 IL.CS 430/10-15 West's Smith-hurd Illinois Compiled Statutes Annotated Currentness Chapter 5.General Provisions Governmental Ethics Kw Act 430.State Officials and Employees Ethics Act @ Article 10.Gift Ban ►430/10-15.Gift ban;exceptions § 10-15.Gift ban;exceptions.The restriction in Section 10-10 does not apply to the following: (1)Opportunities,benefits,and services that are available on the same conditions as for the general public. (2)Anything for which the officer,member,or State employee pays the market value. (3) Any (i) contribution that is lawfully made under the Election Code or under this Act or(ii) activities associated with a fundraising event in support of a political organization or candidate. (4) Educational materials and missions. This exception may be further defined by rules adopted by the appropriate ethics commission or by the Auditor General for the Auditor General and employees of the Office of the Auditor General. (5) Travel expenses for a meeting to discuss State business. This exception may be further defined by rules adopted by the appropriate ethics commission or by the Auditor General for the Auditor General and employees of the Office of the Auditor General. (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 fiance or fiancee. (7) Anything provided by an individual on the basis of a personal friendship unless the member, officer, or Copr. ©West 2004 No Claim to Orig.U.S.Govt.Works http://print.westlaw.con/delivery.html?dest=atp&dataid=B0055800000004500004349910... 5/19/2004 Page 2 of 3 IL ST CH 5 §430/10-15 Page 2 5 ILCS 430/10-15 employee has reason to believe that, under the circumstances,the gift was provided because of the official position or employment of the member,officer,or employee and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the member, officer, or employee 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; (ii) whether to the actual knowledge of the member, officer, or employee 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 member,officer,or employee the individual who gave the gift also at the same time gave the same or similar gifts to other members,officers,or employees. (8)Food or refreshments not exceeding$75 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. (9) Food, refreshments, lodging, transportation, and other benefits resulting from the outside business or employment activities (or outside activities that are not connected to the duties of the officer, member,or employee as an office holder or employee) of the officer, member, or employee, or the spouse of the officer, member, or employee, if the benefits have not been offered or enhanced because of the official position or employment of the officer,member,or employee,and are customarily provided to others in similar circumstances. (10) Intra-governmental and inter-governmental gifts. For the purpose of this Act, "intra-governmental gift" means any gift given to a member, officer, or employee of a State agency from another member, officer, or employee of the same State agency; and "inter-governmental gift" means any gift given to a member, officer, or employee of a State agency, by a member, officer,or employee of another State agency, of a federal agency, or of any governmental entity. (11)Bequests,inheritances,and other transfers at death. (12)Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than$100. Each of the exceptions listed in this Section is mutually exclusive and independent of one another. Copr.(D West 2004 No Claim to Orig.U.S. Govt.Works http://print.westlaw.con/delivery.html?dest=atp&dataid=B0055800000004500004349910... 5/19/2004 Page 1 of 2 IL ST CH 5 §430/10-30 Page 1 5 ILCS 430/10-30 West's Smith-hurd Illinois Compiled Statutes Annotated Currentness Chapter 5.General Provisions Governmental Ethics 'a Act 430. State Officials and Employees Ethics Act 10 Article 10.Gift Ban ►430/10-30.Gift ban;disposition of gifts § 10-30. Gift ban; disposition of gifts. A member, officer, or employee does not violate this Act if the member, officer, or employee 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. CREDITS) P.A.93-615,Art. 10, § 10-30,added by P.A.93-617,§5,eff.Dec.9,2003. HISTORICAL AND STATUTORY NOTES The enacting clause of§5 of P.A.93-617 provided: "Section 5. If and only if House Bill 3412 as passed by the 93rd General Assembly becomes law by override of the Governor's amendatory veto, the State Officials and Employees Ethics Act is amended by changing Sections 1-5, 5-5, 5- 10, 5-20, 5-45, 15-10, 15-20, 15-25, 50-5, 70-5, and 70-15 and by adding Sections 5-50, 5-55, and 15-40 and Articles 10,20,25,30,and 35[.1" House Bill 3412 was enacted as P.A.93-615. Section 995 of P.A.93-617 provides: "Closed sessions; vote requirement. This Act authorizes the ethics commissions of the executive branch and legislative branch to conduct closed sessions, hearings, and meetings in certain circumstances. In order to meet the requirements of subsection (c) of Section 5 of Article IV of the Illinois Constitution, the General Assembly determines that closed sessions, hearings,and meetings of the ethics commissions, including the ethics commission for the legislative branch, are required by the public interest. Thus, this Act is enacted by the affirmative vote of two-thirds of the members elected to each house of the General Assembly." Copr. 0 West 2004 No Claim to Orig.U.S.Govt.Works http://print.westlaw.conVdeli very.html?dest=atp&dataid=BO055800000006620004349910... 5/19/2004 r Page 1 of 2 Vlk 1L ST CH 5 §430/5-15 Page 1 5 ILCS 430/5-15 West's Smith-hurd Illinois Compiled Statutes Annotated Currentness Chapter 5.General Provisions Governmental Ethics rw Act 430. State Officials and Employees Ethics Act r,w Article 5.Ethical Conduct -430/5-15.Prohibited political activities §5-15.Prohibited political activities. (a) State employees shall not intentionally perform any prohibited political activity during any compensated time (other than vacation, personal, or compensatory time off). State employees shall not intentionally misappropriate any State property or resources by engaging in any prohibited political activity for the benefit of any campaign for elective office or any political organization. (b) At no time shall any executive or legislative branch constitutional officer or any official, director, supervisor,or State employee intentionally misappropriate the services of any State employee by requiring that State employee to perform any prohibited political activity (i) as part of that employee's State duties, (ii) as a condition of State employment, or (iii) during any time off that is compensated by the State (such as vacation, personal, or compensatory time off). (c) A State employee shall not be required at any time to participate in any prohibited political activity in consideration for that State employee being awarded any additional compensation or employee benefit, in the form of a salary adjustment,bonus,compensatory time off,continued employment,or otherwise. (d) A State employee shall not be awarded any additional compensation or employee benefit, in the form of a salary adjustment, bonus, compensatory time off, continued employment, or otherwise, in consideration for the State employee's participation in any prohibited political activity. (e) Nothing in this Section prohibits activities that are otherwise appropriate for a State employee to engage in as a part of his or her official State employment duties or activities that are undertaken by a State employee on a voluntary basis as permitted by law. (f) No person either(i) in a position that is subject to recognized merit principles of public employment or(ii) in a Copr. ©West 2004 No Claim to Orig.U.S. Govt. Works http://print.westlaw.conVdeli very.html?dest=atp&dataid=A0055800000052450004349910... 5/27/2004 Y 1 � Page 2 of 2 IL ST CH 5 §430/5-15 Page 2 5 ILCS 430/5-15 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 State 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. CREDIT(S) P.A.93-615,Art.5,§ 5-15,eff.Nov. 19,2003. HISTORICAL AND STATUTORY NOTES P.A. 93-615 was the subject of an Amendatory Veto on August 26, 2003. The Amendatory Veto was overridden, and the law was filed without signature of the governor and became effective November 19,2003. 5 I.L.C.S.430/5-15,IL ST CH 5 §430/5-15 Current through P.A.93-673 of the 2004 Reg. Sess. Copr. O 2004 West,a Thomson business. END OF DOCUMENT Copr. Q West 2004 No Claim to Orig.U.S. Govt.Works http://print.westl aw.com/delivery.html?dest=atp&dataid=A0055800000052450004349910... 5/27/2004 "Prohibited political activity"means: (1)Preparing for,organizing,or participating in any political meeting, political rally,political demonstration,or other political event. (2) 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. (3) Soliciting,planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution. (4)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. (5) 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. (6)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. (7)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. (8)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. (9)Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office. (10)Preparing or reviewing responses to candidate questionnaires. (11)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. (12)Campaigning for any elective office or for or against any referendum question. (13)Managing or working on a campaign for elective office or for or against any referendum question. (14) Serving as a delegate, alternate,or proxy to a political party convention. (15)Participating in any recount or challenge to the outcome of any election.