HomeMy WebLinkAboutOrd 2678 12/07/1976
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ORDINANCE NO. 2678.
AN ORDINANCE DECLARING PUBIJC POLICY
CONCERNING CONFLICTS OF INTEREST
BE rr ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY. ILIJNOIS:
SECTION ONE: That, pursuant to the authority vested in the President and Board
of Trustees of the Village of l\/fount Prospect under Article VII of the 1970 Constitu-
tion of the State of Illinois, Chapter 8 of the Municipal Code of Mount Prospect of
1957, as amended, be and the same is hereby further amended by amending Sec-
tion 8.115 in its entirety and by adding Section 8.116 and Section 8.117 thereto;
so that hereafter the said Section 8.115. Section 8.116. and Section 8,.117 shall
be and read as follows:
fI SECTION 8. 115. Declaration of Public Policy.
A. Declaration of Policy. The proper operation of government requires
that all officials. elected, appointed. and salaried employees., hereinaf-
ter referred to as Village officials. be independent and impartIal; that
government decisions and policy be made and carried out in the proper
channels of the government structure; that public office not be used for
personal gain; and that the public have confidence in the integrity of its
government. The attainment of one or more of these ends is impaired
whenever there exists. or appears to exist, an actual or potential con-
fl..ict between the Pi'ivate interests of a g'overnment official and his duties
as an official. The public interest requires, therefore, that the law pro-
tect against such conflicts of interest and establish appropriate ethical
standards with respect to conduct in situations where actual or poten-
tial conflicts exist.
L Public officials are agents of public purpose and hold office for the
benefit of the public -- they are bound to uphold the Constitution of
the United States and the Constitution of the State of Illinois Dnd to
carry out impartially the laws of the Nation, State and Village. thus
fostering respect for all government. They are bound to observe in
their official acts the highest standards of morality and to discharge
faithfully the duties of their office regardless of personal considera-
tions, reqognizing that the public interest must be their primary
concern.! Their conduct in both their official and private affairs
should b,e above reproach.
2. All officials of the Village of Mount Prospect shall not exceed their
authori,ty, or breach the law or ask others to do so.
B. Nonpartisa.n Organization.
1.
No public official, whether elected or appointed, shall promise an
appointment to any salaried municipal position as a reward for any
political activity.
No public official, whether elected or appointed. shall cause any
other Village employee to contribute to, or perform work for any
political party as a condition of continued employment.
2.
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C. Public Property. No public official shall request or permit the use of
Village owned vehicles, equipment, materials, or property for person-
al convenience or profit, except when such services are available to
the public generally, or are provided as municipal policy for use of
such public official in the conduct of official business.
D. Gifts and Favors. No public official or his immediate family shall ac-
cept any gift, from any person, firm, or corporation which to their
knowledge is interested directly or indirectly in any manner whatso-
ever in business dealings with the Village, nor shall su,ch public offi-
cial:
1. Accept any gift, favor or thing of value that may tend to influence
him in the discharge of his duties; or
2. Grant in the discharge of his duties any improper favor, service,
or thing of value.
E. Official Activity. No public official shall engage in any activity or may
be in any manner interested, either directly or indirectly, in his name
or in the name of any other person, association, trust, or corporation,
in any contract or the performance of any work for the making or letting
of which such official may be called upon to act or vote.
1. No such public official may represent, either as agent or otherwise,
any person, association, trust, or corporation, with resp ect to any
application or bid for any contract or work in regard to which such
official may be called upon to vote.
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2. Any contract made and procured in violation of this Section is void.
F. Disclosure Statements.
1. All public officials shall file with the Village Clerk a verified Dis-
closure Statement, responding in detail to the following questions
in the following form:
II Disclosure Statement
a. Do you or any members of your immediate family have any
interest in real property lying within the corporate limits
of the Village of Mount Prospect or within one and one-half
(H) miles thereof? If your answer is in the affirmative,
state the following:
Commonly Known
Address of Real
Property
Nature of Interest in
Such Real Property (Owner.
Joint Owner, Tenant, Bene-
ficiary, Trustee, etc.)
Permanent Real
Estate Tax Identi-
fication Number
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b. Do you or any members of your immediate family own five per-
cent (5%) or more of any business entity? Are you or any
members of your immediate family an officeror director of any
business entity? If your answer to either of the foregoing
questions is in the affirmative, state the following:
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Name of Business
Entity
Nature of Your
Relationship to
Business Entity
Type of Product Produced
or Service Rendered by
Business Entity
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c.
Identify the sources of your income hereinbelow:
Source of Income ~ if Source
Sells Material.and/or Services
to the Village of Mount Prospect
Percentage of Income From
This Source, If 10% or more
of Gross Income
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I, , declare that the foregoing statements have
been examined by me and are to the best of my knowledge and belief,
true, correct, and accurate. I have received from the Village Clerk
copies of the Municipal Code of the Village of Mount Prospect and Sta-
tutes of the State of Illinois pertaining to conflicts of interest, income
diSClosures. and misconduct by public office holders. I understand
that the penalty for wilfully attesting to a false disclaimer is a fine not
to exceed Five Hundred Dollars ($500), removal from office, or both.
Dated:
, 19
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Subscribed and Sworn to
before me this day of
, 19 .
(S eal)
Notary Public"
2. The Disclosure Statement required above shall be completed on
forms provided by the Village Clerk and shall be filed pursuant to
the following schedule:
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a. Public officials holding office. elective, appointive, or other-
wise ,on the date of this Ordinance adi:lption. shall file within
thirty (30) days of the date of adoption.
b. Any candidate for elective public office within the Village gov-
ernment shall file with his nominating petition.
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4.
c. Any person appointed as a public official, if required to do so
by this Ordinance, shall file his Disclosure Statement prior to
his appointment.
d. Any person elected to public office within the Village shall a-
gain file within fifteen (15) days after his election.
e. Any other public official, elected or appointed, shall file his
Disclosure Statement annually on or before May 1.
The Village Clerk shall provide each person filing such Disclosure
Statement with a written receipt, indicating the date on which such
filing took place.
All Disclosure Statements so filed under this Section shall be avail-
able for examination and copying by the public during regular busi-
ness hours.
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a. Each person examining a Disclosure Statement shall fill out a
form prepared by the Village Clerk, identifying the examiner
by name, occupation, address, and telephone number, listing
the date of examination and reason for such examination.
b. The Village Clerk shall promptly notify each person required to
file a Disclosure Statement under this Section of each instance
of an examination of his Disclosure Statement by sending him a
duplicate original of the identification form filled out by the per-
son examining his Disclosure Statement.
G. CDmpaign Contributions. Campaign contributions shall be reported by
all candidates for elected Village office in strict conformity with the pro-
visions of the Illinois State Statutes.
SECTION 8.116. Rules and Definitions.
A. The language set forth in the text of Section 8.115 shall be interpreted
in accordance with the following rules of construction:
1. The singular number includes the plural number, and the plural
the singular.
2. The word" shall" is mandatory; the word "may" is permissive.
3. The masculine gender includes the feminine and neuter.
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.B. Whenever in Section 8.115 the following words and phrases have been
used, they shall, for the purposes of said Section 8. 115, have the mean-
ings respectively ascribed to them in this Section, except when the con-
text otherwise indicates.
1. Business Entity. Any organization or enterprise operated for pro-
fit, including but not limited to a proprietorship, partnership, firm.
business trust, joint venture, syndicate, corporation, or associa-
tion "
2. Gift. Any property, real or person, tangible or intangible, of a
market value in excess of Fifty Dollars ($50) obtained by an indivi-
dual without the payment of the property's full market value. Gifts
from an individual's spouse, child, parent, grandparent ~ grand-
child, brother, sister, parent-in-law, brother-in-law, sister-in-
law, aunt, uncle, or first cousin, or the spouse of any such person,
or gifts to a church, religious, or charitable organization qualified
as such under the provisions of the Internal Revenue Code shall not
be considered gifts for the purposes of this definition. Gifts of in-
formational material such as books, pamphlets, reports. calendars,
or periodicals shall not be considered gifts for the purposes of this
definition.
3. Immediate Family. An individual's spouse, dependent children, or
others claimed by such individual as dependents for Federal income
tax purposes.
4. Interest in Real Property includes, but is not limited to the follow-
ing: Legal or equitable title; a beneficial interest in any trust (in-
cluding a land trust); any assignment of any interest from a benefi-
ciary or any other party of an interest; a power to direct convey-
ance; a right to receive rents or proceeds from property; the obli-
gation to pay rent; a lien; a tax sale certificate; an option; or any
other financial interest, real or personal, direct or indirect. in
such property including status as a nominee or undisclosed princi-
pal.
5. Person. An individual. proprietorship, firm. partnership, joint
venture, syndicate, business trust, company, corporation, asso-
ciation, committee, and any other organization or group of persons
acting in concert.
6. Public Official. Any person who seeks to be elected or is elected to
any public office in the Village of Mount Prospect go ',rernment , or is
appointed as a Mayor, as Trustee, or as a member of the Zoning Boa d
of Appeals, or as Manager or head of any department of the Village 0
Mount Prospect.
7. Village. The Village of Mount Prospect, Cook County, Illinois.
SECTION 8.117. Penalty. Any person ~ firm, or corporation found guilty 0
violating the provisions of Section 8.115 and/or Section 8.116 shall be guilty
of a misdemeanor and shall be fined not to exceed Five Hundred ($500) Dol-
lars, and/or removal from office. Each day that a violation is permitted to
exist shall constitute a separate offense. tI
SECTION TWO: That if any part or parts of this Ordinance shall be held to be
unconstitutional, such unconstitutionality shall not affect the validity of the re-
maining parts of this Ordinance. The Board of Trustees of the Village of Mount
Prospect hereby declares that it would have passed the remaining parts of this
Ordinance if it had known that such part or parts thereof would be declared
unconstitutional.
SECTION THREE: That this Ordinance shall be in full force and effect as of
12: 01 o'clock a.m. , January 1, 1977, and after its passage, approval, and pub-
lication in the manner provided by law.
AYES: 5
NAYS: 1
PASSED this 7th day of December
1976.
APPROVED this 7th
day of December
, 1976.
~.~...~.. , ~) /;J
~~~=::/ ~<~::5~-
, Village President
ATTEST:
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Nillage Clerk
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