HomeMy WebLinkAboutOrd 5434 05/18/2004
ORDINANCE NO. 5434
AN ORDINANCE IMPLEMENTING THE PROVISIONS OF THE STATE
OFFICIALS AND EMPLOYEES ETHICS ACT (5ILCS 430/1-1 ET SEa.) IN THE
VILLAGE 0 FMOUNT PROSPECT
Passed and approved by
the President and Board of Trustees
the 18th day of May, 2004
Published in pamphlet form by
authority of the corporate
authoritIes of the Village of
Mount Prospect, illinois,
the 19th day of May, 2004
ORDINANCE NO. 5434
AN ORDINANCE IMPLEMENTING THE PROVISIONS OF THE STATE
OFFICIALS AND EMPLOYEES ETHICS ACT (5 ILCS 430/1-1 ET SEQ.)
IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS
\YHEREAS, the Illinois General Assembly has enacted the State Officials and Employees
Ethics Act,S 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 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 CityNillage desires to come into compliance with the provisions of the
Act;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF lVlOUNT PROSPECT, ILLINOIS, AS FOLLOWS:
SECTION 1: That Chapter 8 of the Mount Prospect Village Code is hereby amended by
adding a new paragraph H entitled "State Officials and Employees Ethics Act" to Section 8115
entitled "Conflicts of Interest", Article I "Officers, Employees" thereto which shall read in its
entirety as follows:
H.
STATE OFFICIALS AND EMPLOYEES ETHICS ACT
1. 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, 5lLCS
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
Village to the extent required by 5 ILCS 430170-5.
2. 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.
3. 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.
4. The participation in political activities prohibited under the Act, by any officer or
employee of the Village, is hereby prohibited.
5. For purposes ofthis Section, the terms "officer" and "employee" shall be defined
as set forth in 5 ILCS 430170-5(c).
6. The penalties for violations ofthis Section shaH be the same as those penalties set
forth in 5 ILCS 430/50-5 for similar violations ofthe Act.
7. 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 ofthis Section shall prevail in accordance with
the provisions of 5 ILCS 430170-5(a).
8. 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
fonnal action by the corporate authorities ofthe Village.
9. Ifthe Illinois Supreme Court declares the Act unconstitutional in its entirety, then
this Section shall be repealed as ofthe 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 ofthe Village
if the Act is found unconstitutional by the Illinois Supreme Court.
10. 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 ofthe Act, then the remainder ofthe Act as adopted by this Section shall
remain in full force and effect; however, that part of this Section relating to the part
ofthe Act found unconstitutional shall be deemed repealed without further action by
the Corporate Authorities ofthe Village.
SECTION 2: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form as provided by law.
Passed this 18 th
day of
May
, pursuant to a roB call vote as follows:
AYES:
Gorcoran. Hoefert.;:, LohrRtorfpr, skowron Wilks, Zadel
NAYS:
None
ABSENT:
None
Approved by me this
18th day of
May
,2004.
Published by me in pamphlet form this
19thdayof
May
, 2004.
~~~ {1 ~
Kimber! A. Dewls
Deputy Village Clerk