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HomeMy WebLinkAboutG54-04 r Ordinance No. G54-04 AN ORDINANCE AMENDING CHAPTER 2.86 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "GIFT BAN ACT" WHEREAS, the Illinois General Assembly has enacted the State Officials and Employees Ethics Act, 5 ILCS 430/1-1 et seq., ("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 7-5 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; and WHEREAS, the City of Elgin desires to come into compliance with the provisions of the Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.86 of the Elgin Municipal Code, 1976, as amended, entitled "Gift Ban Act"be and is hereby further amended to read as follows: "Chapter 2.86 STATE OFFICIALS AND EMPLOYEES ETHICS ACT 2.86.010 STATE OFFICIALS AND EMPLOYEES ETHICS 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 seq.,(hereinafter referred to as the"Act"in this Section)are hereby adopted by reference and made applicable to the officers and employees of the City of Elgin 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 city is hereby prohibited. C. The offering or making of gifts prohibited to be offered or made to an officer or employee of the city under the Act, is hereby prohibited. r D. The participation in political activities prohibited under the Act,by any officer or employee of the city 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). F. The penalties for violations of this section shall be the same as those penalties set forth in 5 ILCS 430/505-5 for similar violations of the Act. G. This section does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of city 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). H. 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 city. I. 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 city if the Act is found unconstitutional by the Illinois Supreme Court. J. If the Illinois Supreme Court declares part of the Act unconstitutional but upholds the constitutionality of the remainder of the Act, or does no 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 boy the corporate authorities of the city. 2.86.020 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 perform such other duties as may be designated by the City Council." r Section 2. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. r d _ Ed chock, Mayor Presented: May 19, 2004 Passed: May 19, 2004 Vote: Yeas: 6 Nays: 0 Recorded: May 20, 2004 Published: May 24, 2004 Attest: ArKkh""-Q____M-1W144' Dolonna Mecum, City Clerk r