G54-04 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.
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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."
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Section 2. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
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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
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