HomeMy WebLinkAboutORDINANCE - 3008 - 9/28/2004 - STATE OFFICIALS/EMPLOYEES ETHICS ACTORDINANCE NO. 3008
AN ORDINANCE IMPLEMENTING THE PROVISIONS OF THE STATE
OFFICIALS AND EMPLOYEES ETHICS ACT IN THE VILLAGE OF ELK
GROVE VILLAGE
WHEREAS, the Illinois General Assembly has enacted the State Officials and
Employees Ethics Act, 5ILCS 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 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 of Elk Grove Village desires to come into compliance
with the provisions of the Act;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
Section 1: That Title 1 of the Elk Grove Village Code is hereby amended by
adding thereto a new Chapter which shall read in its entirety as follows:
Chapter 11- State Officials and Employees Ethics Act
1-11-1 Adoption of Act - The regulations of Sections 5-15 (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 SeMc ., (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.
1-11-2 Solicitation of Gifts Prohibited - 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.
1-I1-3 Offering of Gifts Prohibited - 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.
1-11-4 Participation in Political Activities Prohibited - The
participation in political activities prohibited under the Act, by an officer or employee of
the Village, is hereby prohibited.
1-11-5 Definitions - For purposes of this Section, the terms `officer" and
"employee" shall be defined as set forth in 5 ILCS 430/70-5 (c).
1-11-6 Penalty - The penalties for violations of this Section shall be the
same as those penalties set forth in 5 ILLS 430150-5 for similar violations of the Act.
1-11-7 Modification of Existine Ordinances - 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).
1-11-8 Automatic Amendment -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.
1-11-9 Unconstitutional Declaration - 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.
1-11-10 Partial Declaration of Constitutionality - 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.
2
Section 2: That the Village Clerk is hereby authorized to publish this Ordinance
in pamphlet form.
Section 3: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 281h day of September, 2004.
APPROVED this 28th day of September, 2004.
Approved:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Village Clerk
Published in pamphlet form this 30th day of September, 2004.
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