HomeMy WebLinkAboutOrd 5028 06/15/1999 ORDINANCE NO. 5028
AN ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT PROHIBITING
THE SOLICITATION AND ACCEPTANCE OF GIFTS AND ADOPTING THE
STATE GIFT BAN ACT (5 ILCS 425/1 ET. SEQ.; P.A. 90-737)
Passed and approved by
the President and Board of Trustees
the 15th day of June, 1999
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
16th day of June, 1999
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ORDINANCE NO. 5028
AN ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT
PROHIBITING THE SOLICITATION AND ACCEPTANCE OF GIFTS
AND ADOPTING THE STATE GIFT BAN ACT (5 ILCS 425/1 ET. SEQ.; P.A. 90-737)
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 (Athe Act~);
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 Mayor and President and Board of Trustees of the Village of Mount Prospect have
determined that the Act contains several procedural and substantive defects and several
ambiguities and 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 Village of Mount Prospect, in an effort to
comply with the action required by Section 83, hereby pass and approve this Ordinance to bring
the Village of Mount Prospect in compliance with the dictates of the Act; and
!
WHEREAS, the corporate authorities of the Village of Mount Prospect 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 MAYOR AND PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, AS
FOLLOWS:
SECTION 1 :. Paragraph D of Section 8.115 is hereby deleted.
SECTION 2: The Code of Ordinances of the Village of Mount Prospect is hereby
amended with the addition of the following provisions:
Sec. 8-114.'1. Acce_Dtance of Gifts. Favors or Other Considerations Prohibited:
State Gift Ban Act.
A. Gifts, Favors or Other Considerations. No public official or his/her
immediate family living with the local official shall accept any gift, favor or
consideration, from any person which the official or affected family
member knows is interested directly or indirectly in any manner
whatsoever in business dealings with the Village, nor shall such public
official:
1. Accept any gift, favor or other consideration of value that
may tend to influence the official in the discharge of his or
her duties; or
2. Grant in the discharge of his or her duties any improper
favor, service or thing of value.
B. 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), subject to the
following:
1. The solicitation or the acceptance of gifts as set forth in
the State Gift Ban is prohibited by any elected or
appointed official or any employee of the Village. To the
extent that Paragraph A above is more restrictive in its
prohibitions than the State Gift Ban Act, Paragraph A of
Section 8-114.1 shall prevail,
2. ~ To the extent authorized by law and to the
extent required by Section 35 of the Act (5 ILCS 425/35),
the Mayor, with the advice and consent of the Board shall
designate an individual to serve as the "ethics officer" of
the Village. The ethics officer's duties shall be as provided
in Section 35 of the Act.
3. State Legislative Ethics Commission: Complaints. All
complaints for violations of the Act and this Section 8-
1.14.1 shall be filed with the State legislative ethics
commission (created by Section 45(a)(6) of the Act).
4. 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
Section 8-114.1 shall be incorporated into this Section 8-
1'14,1 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
corporate authorities of the Village.
5. 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
Section 8-114.1 (except paragraph A) shall
be repealed as of the date that the
Supreme Court's decision becomes final
and not subject to any further appeals
or rehearings. This Section 8.114.1 (except
paragraph A) 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.
(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 Section 8.114.1 shall
remain in full force and effect; however, that
part of this Section 8.114.1 relating to the
part of the Act found unconstitutional shall
be deemed repealed without further action
by the corporate authorities of the Village.
SECTION 3: This Ordinance shall be in effect upon its passage, approval and
publication as provided by law.
AYES: Hoefert, Skowron, Wilks, Fadey
NAYS: None
ABSENT: Corcoran, Nocchi, Lohrstorfer
PASSED and APPROVED this !5th day of June, 1999.
ATTEST: ~ ~era~'"d'l~. Farley, ~illage President//~
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