HomeMy WebLinkAboutG17-21 Ordinance No. G 17-21
AN ORDINANCE
AMENDING CHAPTER 2.86 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "ETHICS ACT"
WHEREAS, the Illinois General Assembly previously 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), which provided a comprehensive revision of state
statutes regarding ethical conduct, political activities and the solicitation and acceptance of gifts
by state officials and employees; and
WHEREAS, such act requires all units of local government and school districts within six
(6) months after the effective date of Public Act 93-615, to adopt ordinances and resolutions
regulating the political activities of, and the solicitation and acceptance of gift by,the officers and
employees of such units in a manner no less restrictive than the provisions of such act; and
i WHEREAS, the city council of the City of Elgin previously adopted Chapter 2.86 of the
Elgin Municipal Code entitled"Ethics Act", which adopts by reference the regulations of Section
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5-15 (5 ILCS 430/5-15), which relate to prohibitive political activities, and Article 10 (5 ILCS
430/10-10 through 10-40), which relate to a gift ban, of the State Officials and Employees Ethics
Act (5 ILCS 40/1-1, et seq.) and made applicable to the officers and employees to the city to the
extent required by 5 ILCS 430/70-5; and
WHEREAS, the city council of the City of Elgin finds and determines that it is in the best
interests of the city and in the interest of protection of the public health, safety,morals and welfare,
to add and amend certain provisions within the city's ethics act as hereinafter provided; and
WHEREAS, the city council of the City of Elgin further finds and determines that city
officials and employees must be independent and impartial and should not engage in other
employment or activities which creates a conflict of interest or the appearance of a conflict of
interest and which undermines public confidence in the integrity of government,including,but not
limited to,with respect to the representation of other persons with interests adverse to the city; and
WHEREAS, the city council of the City of Elgin further finds and determines that the
lobbying disclosure requirements for city officials and employees provided for in this ordinance
are an appropriate means to prevent quid pro quo corruption or the appearance of such corruption,
to protect against for-profit influence peddling or the appearance thereof and to protect against
interference with merit based public administration; and
WHEREAS, the city council of the City of Elgin further finds and determines that
providing limits for persons doing business with the city or seeking to do business with the city
with respect to making contributions to candidates for elected city offices, elected city officials or
to an other office and providing for
to any other city official employee who is seeking electiony p g
the other limits and disclosure requirements for contributions provided for in this ordinance, are
appropriate means to prevent quid pro quo corruption or the appearance of such corruption and to
protect against interference with merit based public administration; and
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII, Section 6 of the
and as a home rule unit may exercise an power and perform and function
Illinois Constitution, Y Y p
pertaining to its government affairs including, but not limited to, the power to regulate for the
protection of the public health, safety, morals and welfare; and
WHEREAS, a city's ethics act including the additional provisions proposed to be included
therein as hereinafter provided pertains to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the foregoing recitals and findings are hereby incorporated into this
ordinance in their entirety.
Section 2. That Chapter 2.86 of the Elgin Municipal Code, 1976, as amended, entitled
"Ethics Act," be and is hereby further amended in its entirety to read as follows:
"Chapter 2.86
ETHICS ACT
2.86.010: POLICY AND PURPOSE:
A. The purpose of the city ethics act is to establish ethical standards of conduct for city
officials and city employees by identifying acts or actions that are incompatible
with the best interests of the city. By eliminating conflicts of interests and
providing a guide for conduct in city matters, the city hopes to promote the faith
and confidence of the citizens in city government.
B. It is essential to the proper operation of democratic government that public officials
and employees be independent and impartial; that governmental decisions and
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policy be made through proper channels; that public office not be used for private
gain; and that there be public confidence in the integrity of government. Public
officials and employees must serve their government in a fiduciary capacity and
must treat persons in an impartial manner in accordance with the law. The
attainment of these ends is impaired whenever there exists conflict between the
private interest of a public official or employee and his or her duties as such. The
public interest therefore requires that the law protect against such conflicts of
interest and establish appropriate ethical standards with respect to the conduct of
elected officials and government employees in situations where conflicts exist, as
well as in situations where conflicts might develop.
C. It is also essential to the proper operation of government that appropriate legal
safeguards be adopted as a means to prevent corruption or the appearance of
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corruption and to protect against interference with merit based public
administration.
D. It is also essential to the proper operation of government that those best qualified
be encouraged to serve government. Accordingly, legal safeguards against
conflicts of interests must be so designed as not unnecessarily or unreasonably to
impede the recruitment and retention by the government of persons who are best
qualified to serve it. The right of each official and employee to privacy in his or
her financial affairs must not,therefore,be limited beyond that disclosure necessary
to ensure the integrity of government. Moreover, because an essential principle
underlining the staffing of government is that its officials and employees should
not be denied the opportunity, available to all other citizens, to acquire and retain
private economic and other interests, such opportunity, should not be limited unless
conflicts with the responsibility of such officials and employees to the public cannot
be avoided.
E. It is the policy and purpose of this chapter to implement these objectives of
protecting the integrity of the city and of facilitating the recruitment and retention
of qualified personnel b prescribing essential restrictions against conflicts of
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interest in city government without creating unnecessary barriers to public service
and by establishing a city's ethics act for officials and employees of the city.
2.86.020: DEFINITIONS:
The definition of terms used in this chapter shall be as set forth below and in other sections
of this chapter.
"ADMINISTRATIVE ACTION" means any decision, on any proposal, consideration,
enactment or making of any rule,regulation, or other official nonministerial action or non-
action by any city department, or by any city official or employee of a city department, or
on any matter which is under the official jurisdiction of the city manager or a city
department.
"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.
"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).
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"CANDIDATE FOR CITY OFFICE" means any person who seeks nomination for
election, election to or retention to the office of mayor or city councilmember of the City
of Elgin. A person seeks nomination for election,election or retention if he or she(1)takes
the action necessary under the laws of the State of Illinois to attempt to quality for
nomination for election, election to or retention in public office, or (2) receives
contributions or makes expenditures, or gives consent for any other person to receive
contributions or make expenditures with a view to bringing about his or her nomination for
election or election to or retention in such office. For purposes of this definition,the term
"expenditure" has the meaning ascribed to that term in Article 9 of the Illinois Election
Code, codified at 10 ILCS 5/9-1 et seq.
"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).
"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 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.
"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.
"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).
"DOING BUSINESS WITH THE CITY" means any one or any combination of sales,
purchases,leases or contracts to,from or with the City in an amount in excess of$20,000.00
in any 12 consecutive months.
"EMPLOYEE" means a person employed by the City of Elgin, whether on a full-time or
part-time basis or pursuant to a contract, whose duties are subject to the direction and
control of an employer with regard to the material details of how the work is to be
performed, but does not include an independent contractor.
"EMPLOYER" means the City of Elgin.
"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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"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 employer.
"LEGISLATIVE ACTION" means the introduction, sponsorship, consideration, debate,
amendment, passage, defeat, approval or other official action or non-action on any
ordinance, resolution, motion, order, appointment, application or other matter pending or
proposed in the city council or the liquor commission.
"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.
"PERSON" means any individual, entity, corporation, partnership, limited liability
company, firm, association, trust, estate, as well as any parent or subsidiary of any of the
foregoing, whether or not operated for profit.
"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.
"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 a county clerk.
"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.
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(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 in connection
with a campaign for elective office or on behalf of a political organization
for political purposes.
(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.
"PROHIBITED SOURCE" means any person or entity who:
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(1) is seeking official action(i) by the city or an officer or(ii) in the case of an
employee, by the employee, or by the officer or another employee directing
the employee;
(2) does business or seeks to do business(i) with the city or officer or(ii)in the
case of an employee, with the employee, or with the officer or another
employee directing the employee;
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(3) conducts activities regulated(i)by the city or officer or(ii)in the case of an
employee,by the employee,or by the officer or another employee directing
the employee;
(4) has interests that may be substantially affected by the performance or non-
performance of the official duties of the officer or employee;
(5) is registered or required to be registered with the Secretary of State under
the Lobbyist Registration Act, except that an entity not otherwise a
prohibited source does not become a prohibited source merely because a
registered lobbyist is one of its members or serves on its boards of directors;
or
( ) an a6 is of, a spouse of or an immediate family member who is living
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with a "prohibited source".
"SEEKING TO DO BUSINESS WITH THE CITY" means (1) 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 (2) the
contract or business sought has not been awarded to any person.
2.86.030: PROHIBITED POLITICAL ACTIVITIES:
A. 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 of Elgin in connection with
any prohibited political activity.
B. 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 or
employee's duties, (ii) as a condition of employment, or (iii) during any
compensated time off(such as holidays, vacation or personal time off).
C. 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.
D. 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 section.
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E. 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.
2.86.040: GIFT BAN:
A. Except as permitted by this chapter, no officer or employee, and no spouse of or
immediate family member living with any officer or employee (collectively
referred to herein as "recipients"), shall intentionally solicit or accept any gift from
any prohibited source, as defined herein, or which is otherwise prohibited by law
or ordinance. No prohibited source shall intentionally offer or make a gift that
violates this Section.
B. Exceptions. Subsection A is not applicable 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 or employee, or his or her spouse or
immediate family member, pays the fair market value.
3. 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.
4. Educational materials and missions.
5. Travel expenses for a meeting to discuss business.
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 fiancd or fiancee.
7. Anything 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
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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; (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.
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 consume which are delivered by any means.
9. 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), 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.
10. Intra-governmental and inter-governmental gifts. For the purpose of this
Act, "intragovernmental gift" means any gift given to an officer or
employee from another officer or employee, and "inter-governmental gift"
means any gift given to an officer or employee by an officer or employee of
another 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 every
other.
C. 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 this section if
the recipient promptly takes reasonable action to return a gift from a prohibited
source 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.
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2.86.050: PROHIBITED INTERESTS FOR CITY OFFICERS AND EMPLOYEES:
A. The provisions of 65 Illinois Compiled Statutes 5/3.1-55-10, as amended, are
hereby adopted to be applied to all city officers and full time employees and the
members of any city officer's or full time employee's immediate family. For the
purposes of this section "members of any city officer's or full time employee's
immediate family" shall be defined to mean an officer's or full time employee's
spouse or children.
B. No city officer or full time employee or a member of any city officer's or full time
employee's immediate family shall have an interest in any city contract, or an
interest in the sale of any article or an interest in the purchase of any property which
is prohibited for a municipal officer as set forth in 65 Illinois Compiled Statutes
5/3.1-55-10, as amended.
C. The prohibitions regarding pecuniary interests in contracts, an interest in the sale
of any article or an interest in the purchase of any property as provided for in this
section shall also apply to all city officers and full time employees and the members
of the immediate families of city officers and full time employees for a period of
one year from the date of termination of service or employment with the city.
Notwithstanding the foregoing, such one year prohibition shall not apply to any
former city officers or full time employees and the members of the immediate
families of city officers and full time employees when the city officer or full time
employee was involuntarily separated from employment with the city while in good
standing, such former city officer or full time employee is an employee of a
company or owns or holds an interest of one percent(1%) or less in the former city
officer's or employee's individual name in a company,or both,and such former city
officer or employee refrains from participating in the negotiation of any new
contracts with the city for a period of one year from the date of termination or
service or employment with the city.
D. No city officer or full time employee shall, after termination of service or
employment with the city, appear before any board, commission, committee or
agency of the city in relation to any case, proceeding, application or contract in
which he personally participated during the period of his service or employment,
or which was under his active consideration, for a period of one year from the date
of termination of service or employment with the city. This prohibition shall not
prevent former city officers or full time employees from providing services to the
city.
E. Any contract made and procured in violation of the provisions of this section is
void.
F. Any official or employee required to file a financial disclosure statement pertaining
to the Illinois Government Ethics Act, as amended, shall, at the time the statement
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is filed with the county clerk, also file a duplicate of such statement with the city
clerk. A copy such statement shall be posted on the city's website.
2.86.060: WHISTLEBLOWER PROTECTION:
A. Any officer or employee who, in good faith,reports an alleged violation or concern
regarding a violation of this chapter or a violation of a federal, state, local law, rule
or regulation, will not be subject to retaliation, harassment, abuse, threats, and
discrimination or adverse employment consequences as a result of coming forward.
B. Any officer or employee who reports such an alleged violation or concern in good
faith, on behalf of another person, shall not be subject to retaliation, harassment,
abuse, threats, and discrimination, or any adverse employment consequences as a
result of coming forward.
C. This section shall not apply to any person who makes a report known to that person
to be false on his or her own behalf or on behalf of another.
D. No city officer or employee shall retaliate against any officer or employee who has
reported a suspected violation of this chapter or an alleged violation of a federal,
state, local law, rule or regulation in good faith. Any officer or employee who
violates the provisions of this subsection shall be subject to appropriate discipline
from the city.
2.86.070: REPRESENTATION OF OTHER PERSONS:
No elected official or employee may represent or derive any income,compensation or other
tangible benefit from the representation of, any person in any judicial, quasi-judicial or
other proceeding before any administrative agency or court: (i) in which the City is an
adverse party; or (ii) that may result in an adverse effect on city revenue, city finances, or
the health, safety, welfare or relative tax burden of any city residents. For the purpose of
clarification, the representation of a person with such a pending matter adverse to the City
or that may result in an adverse effect on the City in a separate matter unrelated and not
adverse to the City shall not be deemed a violation of this section.
2.86.080: DISCLOSURE OF LOBBYING:
Any elected official or employee of the City who is registered as a lobbyist with the State
of Illinois and/or any unit of local government in the state shall concurrently with the filing
or submission of any and all lobbying registrations and/or notifications with the state and/or
any unit of local government in the state file a duplicate of such registrations and/or
notifications with the city clerk. A copy of such lobbying registrations and/or notifications
shall be posted on the city's website.
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2.86.090: CAMPAIGN CONTRIBUTIONS
A. No official, employee, candidate for elective office, lobbyist, officer, employee, or
agent of any political organization shall intentionally solicit, accept, offer or make
contributions on city property.
B. No person shall offer or make, and no candidate for city office, such candidate's
political committee or person acting on behalf of either of them shall solicit or
accept, any contribution that is (i) anonymously given; or (ii) made or to be made
other than in the name of the true donor.
C. No person doing business with the city within the current or preceding calendar
year or is seeking to do business with the city shall make contributions in the
aggregate amount exceeding$1,000.00: (i)to any candidate for the office of mayor
or city councilman during a single candidacy; or(ii)to the elected mayor or elected
city councilmembers of the city during any reporting year; or(iii)to any official or
employee of the city who is seeking election to any other office. For the purposes
of this subsection, all contributions to a candidate's authorized political committee
shall be considered contributions to the candidate. A reporting year shall be from
January 1 to December 31, For the purpose of this subsection only "seeking to do
business"means: (i)the definition set forth in Section 2.86.020; and(ii)any matter
that was pending before the city council in the previous six months or any matter
that will be pending before the city council in the following six months, if that
matter involved the award of loan funds, grant funds, purchase or service
agreements, leases, land sales, zoning matters, the creation of a tax increment
financing district, development agreements, bond proceeds or bond inducement
ordinances.
D. For purposes of subsection C above, an entity and its subsidiaries,parent company
or otherwise affiliated companies, and any of their employees, officers, directors
and partners who make a political contribution for which they are reimbursed by
the entity or its affiliates shall be considered a single person. However, nothing in
this provision shall be construed to prohibit such an employee, officer, director or
partner from making a political contribution for which he is not reimbursed by a
person with whom he or she is affiliated.
E. For purposes of subsection C above, a contribution to (i) any political fund-raising
committee of a candidate for city office or elected official; or (ii) any political
fundraising committee which, during the reporting year in which the contribution
is to be made, has itself made contributions or given financial support in excess of
50 percent of that committee's total receipts for the reporting year to a particular
candidate for city office, elected official, or the authorized fundraising committee
of that candidate or elected official, shall be considered a contribution to that
candidate or elected official.
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F. Any person who solicits, accepts, offers or makes a financial contribution that
violates the provisions of this section shall be subject to the penalty provided in
Section 2.86.130 hereof; provided, however, such person shall not be deemed in
violation of this section if such person returns or requests in writing the return of
such financial contribution within ten calendar days of the recipient's or
contributor's knowledge of the violation.
G. All elected officials or candidates for city elected office shall concurrently file with
the city clerk a duplicate of their filing of all statements of campaign contributions
required to be filed by state law with the state. This includes statements required
to be filed by state law by political action committees or other organizations
concerning campaign contributions A copy of such contribution materials shall be
posted on the city's website.
2.86.100: FALSE REPORTS:
No person shall knowingly make a false report alleging a violation of any provision of this
chapter to the ethics officer, professional standards officer, the local law enforcement
authorities, the state's attorney or any other law enforcement official.
2.86.110: ETHICS OFFICER:
The corporation counsel of the city is hereby appointed to serve as the ethics officer of the
city. The ethics officer shall provide guidance to the officials, officers and employees of
the city concerning the interpretation of and compliance with the provisions of this chapter,
city ordinances and state ethics laws. The ethics officer shall also perform such other duties
as may be designated by the city council. The ethics officer or his or designee, shall be the
authority and shall have the authority to investigate, and to issue findings for,
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all investigations regarding city officers or employees and regarding the operations of city
departments, programs and functions and those doing business with the city regarding
alleged violations of this chapter or other applicable ethical standards and regulations. All
city officers, employees and city contractors required to cooperate in investigations with
the ethics officer or with individuals assigned by the ethics officer shall conduct
investigations. Complaints or investigations regarding the mayor or member of the city
council, the city manager, the corporation counsel, the professional standards officer, the
police chief, the fire chief or the chief financial officer/budget director shall be reported to
the city council. Investigations may also be conducted by an outside person or entity
retained by the city when the city council, the city manager or corporation counsel
determine that such an investigation by an outside person or entity is in the best interests
of the city.
2.86.120: TRAINING:
All officers and employees,within twelve (12)months after the adoption of this ordinance
and at least biennially thereafter, must complete an ethics training program approved by
the ethics officer. A new employee must complete his or her initial ethics training during
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orientation within the first two (2) months of employment or as soon thereafter as such
training may be available within the first six (6) months of employment. Officers shall
attend a training program within six (6) months of being elected or appointed (or as soon
thereafter as ethics training is available)and at least biennially thereafter,an ethics training
program approved by the ethics officer. The Human Resources Department shall maintain
records related to each person's completion of such training programs. The requirements
of this section shall not apply to part-time,temporary or seasonal employees employed by
the city for a period of six (6) months or less or whose duties require the performance of
fewer than 1,000 hours of work annually.
2.86.130: PENALTIES:
A. Any person who intentionally violates any provision of Section 2.86.030 of this
chapter (Prohibited Political Acts) shall be guilty of a Class A misdemeanor,
punishable by a term of incarceration in a penal institution other than a penitentiary
for a period of not more than 364 days,and may be fined in an amount not less than
$75 and not to exceed $2,500.
B. Any person who intentionally violates any provision of Section 2.86.040 of this
chapter (Gift Ban) is subject to a fine in an amount of not less than $1,001 and not
more than $5,000.
C. Any person who intentionally violates Section 2.86.100 of this chapter by
knowingly making a false report alleging a violation of Section 2.86.030
(Prohibited Political Acts) or Section 2.86.040 (Gift Ban) shall be guilty of a Class
A misdemeanor, punishable by a term of incarceration in a penal institution other
than a penitentiary for a period of not more than 364 days, and may be fined in an
amount not less than $75 and not to exceed $2,500. Any person who intentionally
violates Section 2.86.100 of this chapter by knowingly making a false report of
other alleged violations of this chapter shall be guilty of an offense, and in addition
to other legal and equitable remedies available to the city, shall be punished by a
fine in an amount not less than $75 and not more than $2,500 for each offense.
D. Any person violating any provision of Section 2.86.050, 2.86.070, 2.86.080 or
2.86.090 of this chapter shall, in addition to other legal and equitable remedies
available to the city, shall be punished by a fine in an amount not less than $75 and
not more than $2,500 for each offense.
E. Any person shall be guilty of a separate offense for each and every day during any
portion of which any violation or provision of this chapter is committed, continue
or permitted by such person, and he or she shall be punished accordingly.
F. The levy and/or payment of any penalty or fine provided in this chapter shall not
be deemed a waiver of the power of the city to suspend, revoke or refuse to renew
a license or to seek injunctive relief to enjoin violations of this chapter or other
applicable provisions of law.
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G. In addition to any other penalty that may be applicable, whether criminal or civil,
an officer or employee who intentionally violates any provisions of this chapter is
subject to discipline or discharge.
Section 2. That Chapter 5.24 of the Elgin Municipal Code, 1976, as amended, entitled
"Pecuniary Interests in Contracts" be and is hereby repealed.
Section 3. That all ordinances or parts of ordinance in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 4. If any provision, clause, sentence, paragraph, section or part of this
ordinance or application thereof to any person or circumstance, shall for any reason to be adjudged
by a court of competent jurisdiction to be invalid or unconstitutional, said judgment shall not affect
the validity of the remaining provisions of this ordinance. It is hereby declared to be the legislative
intent of the city council that this ordinance would have been adopted had such invalid or
unconstitutional provision, clause, sentence, paragraph, section or part thereof not been included.
Section 5. That this ordinance shall be in full force and effect from and after June 1,
2021, upon its passage and publication in the manner provided by law.
David J. Ka in, NiKyor
Presented: March 24, 2021
Passed: March 24, 2021
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: March 24, 2021
Published: March 25, 2021
Attest.
imberly Dewis,UY Clerk
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