G33-99 Ps
few Ordinance No . G33-99
AN ORDINANCE
PROHIBITING THE SOLICITATION AND ACCEPTANCE OF GIFTS AND
ADOPTING THE STATE GIFT BAN ACT
WHEREAS, the General Assembly has enacted the State Gift
Ban Act (P.A. 90-737; House Bill 672 ; 5 ILCS 425/1 et seq. ) ,
which became effective on January 1, 1999; and
WHEREAS, Section 83 of the Act (5 ILCS 425/83) provides
in pertinent part :
Within 6 months after the effective date of
this Act, units of local government, home rule
units, and school districts shall prohibit the
solicitation and acceptance of gifts, and shall
enforce those prohibitions, in a manner
substantially in accordance with the requirements of
this Act and shall adopt provisions no less
restrictive than the provisions of this Act .
WHEREAS, in preparing to meet the mandatory July 1, 1999,
deadline, imposed by the Act, the City Council of the City of
Elgin has determined that the Act contains several procedural
and substantive defects and several ambiguities and
fe"' inconsistencies which make compliance with the dictates of
Section 83 of the Act difficult and perhaps impossible; and
WHEREAS, while the Illinois Municipal League has
requested the General Assembly to amend and clarify the Act so
Illinois municipalities may have clear guidance in bringing
themselves into compliance with the Act, it has become
apparent that a legislative response will not be provided
prior to the deadline imposed by Section 83 ; and
WHEREAS, the corporate authorities of the City of Elgin,
in an effort to comply with the action required by Section 83 ,
hereby pass and approve this Ordinance to bring the City of
Elgin in compliance with the dictates of the Act; and
WHEREAS, the corporate authorities of the City of Elgin
strongly encourage the General Assembly to take immediate
action to clarify the procedural and substantive provisions of
the Act so elected and appointed officials and the employees
of Illinois municipalities will have clear and unequivocal
ethical procedures and rules that will control their conduct .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
tow Section 1 . That the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by adding
Chapter 2 . 86 thereto entitled "Gift Ban Act" as follows :
"CHAPTER 2 . 86
GIFT BAN ACT
2 . 86 . 010 ADOPTION OF ACT.
A. The State Gift Ban Act (5 ILCS 425 et
seq. ) is hereby adopted as required by Section 83 of
the Act (5 ILCS 425/83) .
B. The solicitation or the acceptance of
gifts prohibited to be solicited or accepted under
the Act is prohibited by any elected or appointed
official or employee of the City.
2 . 86 . 020 ETHICS OFFICER.
To the extent authorized by law and to the
extent required by Section 35 of the Act (5 ILCS
425/35, the city' s corporation counsel is appointed
to serve as the "ethics officer" of the City. The
ethics officer' s duties shall be as provided in
Section 35 .
2 . 86 . 030 STATE LEGISLATIVE ETHICS COMMISSION
COMPLAINTS .
eft
All complaints for violations of the Act and
this Ordinance shall be filed with the State
legislative ethics commission (created by Section
45 (a) (6) of the Act) .
2 . 86 . 040 FUTURE AMENDMENTS TO STATE GIFT BAN ACT.
Any amendment to the State Gift Ban Act (5 ILCS
425/1 et seq. ) that becomes effective after the
passage of this Ordinance shall be incorporated into
this Ordinance by reference and shall be applicable
to the solicitation and acceptance of gifts .
However, any amendment that makes its provisions
optional for adoption by municipalities shall not be
incorporated into this Ordinance by reference
without formal action by the City Council .
2 . 86 . 050 FUTURE DECLARATION OF UNCONSTITUTIONALITY
OF STATE GIFT BAN ACT.
A. If the Illinois Supreme Court declares the
State Gift Ban Act (5 ILCS 425/1 et seq. )
unconstitutional in its entirety, then this
Ordinance shall be repealed as of the date that the
Supreme Court ' s decision becomes final and not
subject to any further appeals or rehearings . The
Ordinance shall be deemed repealed without further
action by the City Council if the Act is found
unconstitutional by the Illinois Supreme Court .
B. If the Illinois Supreme Court declares
part of the State Gift Ban Act (5 ILCS 425/1 et
seq. ) 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 Ordinance
shall remain in full force and effect ; however, that
part of this Ordinance relating to the part of the
Act found unconstitutional shall be deemed repealed
without further action by the City Council . "
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 3 . That this ordinance shall be in full force
and effect as of July 1 , 1999 .
%-4, 4e4.406/../
Ed Schock, Mayor
Presented: June 23 , 1999
Passed: June 23 , 1999
Omnibus Vote : Yeas 7 Nays 0
Recorded: June 24 , 1999
Published:
Attest :
Dolonna Mecum, City Clerk