[HISTORY: Adopted by the County Board of
McLean County 5-18-2004; amended in its entirety 1-21-2014. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any activity in furtherance of an effort to influence the
selection, nomination, election, or appointment of any individual
to any federal, state, or local public office or office in a political
organization, or the selection, nomination, or election of Presidential
or Vice Presidential electors, but does not include activities:
A person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in Section 1-3 of the Election Code (10 ILCS 5/1-3).
Has the same meaning as that term is defined in Section 3
of the Illinois Public Labor Relations Act (5 ILCS 315/3).
An Ethics Commission created by the County Board of McLean
County, Illinois.
With respect to an employee, any time worked by or credited
to the employee that counts toward any minimum work time requirement
imposed as a condition of his or her employment, but for purposes
of this chapter does not include any designated holidays, vacation
periods, personal time, compensatory time off or any period when the
employee is on a leave of absence. With respect to officers or employees
whose hours are not fixed, compensated time includes any period of
time when the officer is on premises under the control of the employer
and any other time when the officer or employee is executing his or
her official duties, regardless of location.
Authorized time off earned by or awarded to an employee to
compensate in whole or in part for time worked in excess of the minimum
work time required of that employee as a condition of his or her employment.
Has the same meaning as that term is defined in Section 9-1.4
of the Election Code (10 ILCS 5/9-1.4).
A person elected or appointed to an elective County office,
regardless of whether the officer is compensated for service in his
or her official capacity, but does not include the Circuit Court Judges,
the nonjudicial officers of the Circuit Court, the Circuit Clerk or
State's Attorney.
A person employed by the employer, whether on a full-time
or part-time basis or occasional/seasonal basis or pursuant to a contract,
whose duties are subject to the direction and control of an employer
with regard to the material details of how the work is to be performed,
but does not include an independent contractor.
McLean County, Illinois, as well as its elected and appointed
officials.
Any gratuity, discount, entertainment, hospitality, loan,
forbearance, or other tangible or intangible item having monetary
value, including, but not limited to, cash, food and drink, and honoraria
for speaking engagements related to or attributed to government employment
or the official position of an officer or employee.
Any period during which an employee does not receive:
Any activity in support of or in connection with any campaign
for elective office or any political organization, but does not include
activities:
A party, committee, association, fund, or other organization
(whether or not incorporated) that is required to file a statement
of organization with the State Board of Elections or a County Clerk
under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with
regard to those activities that require filing with the State Board
of Elections or a County Clerk.
Preparing for, organizing, or participating
in any political meeting, political rally, political demonstration,
or other political event.
Soliciting contributions, including but not
limited to the purchase of, selling, distributing, or receiving payment
for tickets for any political fund-raiser, political meeting, or other
political event.
Soliciting, planning the solicitation of, or
preparing any document or report regarding anything of value intended
as a campaign contribution.
Planning, conducting, or participating in a
public opinion poll in connection with a campaign for elective office
or on behalf of a political organization for political purposes or
for/against any referendum question.
Surveying or gathering information from potential
or actual voters in an election to determine probable vote outcome
in connection with a campaign for elective office or on behalf of
a political organization for political purposes or for/against any
referendum question.
Assisting at the polls on Election Day on behalf
of any political organization or candidate for elective office or
for/against any referendum question.
Soliciting votes on behalf of a candidate for
elective office or a political organization or for/against any referendum
question or helping in an effort to get voters to the polls.
Initiating for circulation, preparing, circulating,
reviewing, or filing any petition on behalf of a candidate for elective
office or for/against any referendum question.
Making contributions on behalf of any candidate
for elective office in that capacity or in connection with a campaign
for elective office.
Preparing or reviewing responses to candidate
questionnaires in connection with a campaign for elective office or
on behalf of a political organization for political purposes.
Distributing, preparing for distribution, or
mailing campaign literature, campaign signs, or other campaign material
on behalf of any candidate for elective office or for/against any
referendum question.
Campaigning for any elective office or for/against
any referendum question.
Managing or working on a campaign for elective
office or for/against any referendum question.
Serving as a delegate, alternate, or proxy to
a political party convention.
Participating in any recount or challenge to
the outcome of any election.
Any person or entity who:
Is seeking official action by an officer or
by an employee, or by the officer or another employee directing that
employee;
Does business or seeks to do business with the
officer or with an employee, or with the officer or another employee
directing that employee;
Conducts activities regulated by the officer
or by an employee, or by the officer or another employee directing
that employee; or
Has interests that may be substantially affected
by the performance or nonperformance of the official duties of the
officer or employee.
Any board, commission, or committee created or authorized
by statute or ordinance of the County.
For purposes of this chapter, the following
are prohibited political activities:
A.
No officer or employee shall intentionally perform
any prohibited political activity during any compensated time, as
defined herein. No officer or employee shall intentionally use any
property or resources of McLean County in connection with any prohibited
political activity.
B.
At no time shall any officer or employee intentionally
require any other officer or employee to perform any prohibited political
activity:
C.
No officer or employee shall be required at any time
to participate in any prohibited political activity in consideration
for that officer or employee being awarded additional compensation
or any benefit, whether in the form of a salary adjustment, bonus,
compensatory time off, continued employment or otherwise, nor shall
any officer or employee be awarded additional compensation or any
benefit in consideration for his or her participation in any prohibited
political activity.
D.
Nothing in this section prohibits activities that
are permissible for an officer or employee to engage in as part of
his or her official duties, or activities that are undertaken by an
officer or employee on a voluntary basis which are not prohibited
by this chapter.
E.
No person either in a position that is subject to
recognized merit principles of public employment or in a position
the salary for which is paid in whole or in part by federal funds
and that is subject to the Federal Standards for a Merit System of
Personnel Administration applicable to grant-in-aid programs shall
be denied or deprived of employment or tenure solely because he or
she is a member or an officer of a political committee, of a political
party, or of a political organization or club.
A.
Gift ban. Except as permitted by this section, no
officer or employee, and no spouse of or immediate family member living
with any officer or employee (collectively referred to herein as "recipients")
shall intentionally solicit or accept any gift from any prohibited
source, as defined herein, or which is otherwise prohibited by law
or ordinance. No prohibited source shall intentionally offer or make
a gift that violates this subsection.
B.
Exceptions.
(1)
Subsection A is not applicable to the following:
(a)
Opportunities, benefits, and services that are
available on the same conditions as for the general public.
(b)
Anything for which the officer or employee,
or his or her spouse or immediate family member, pays the fair market
value.
(d)
Educational materials and missions.
(e)
Travel expenses for a meeting to discuss business.
(f)
A gift from a relative, meaning those people
related to the individual as father, mother, son, daughter, brother,
sister, uncle, aunt, great uncle, great aunt, first cousin, nephew,
niece, husband, wife, grandfather, grandmother, grandson, granddaughter,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, and including the father, mother,
grandfather, or grandmother of the individual's spouse and the individual's
fiance or fiancee.
(g)
Anything provided by an individual on the basis
of a personal friendship unless the recipient has reason to believe
that, under the circumstances, the gift was provided because of the
official position or employment of the recipient or his or her spouse
or immediate family member and not because of the personal friendship.
In determining whether a gift is provided on the basis of personal
friendship, the recipient shall consider the circumstances under which
the gift was offered, such as:
[1]
The history of the relationship between the individual giving the
gift and the recipient of the gift, including any previous exchange
of gifts between those individuals;
[2]
Whether, to the actual knowledge of the recipient, the individual
who gave the gift personally paid for the gift or sought a tax deduction
or business reimbursement for the gift; and
[3]
Whether, to the actual knowledge of the recipient, the individual
who gave the gift also at the same time gave the same or similar gifts
to other officers or employees, or their spouses or immediate family
members.
(h)
Food or refreshments not exceeding $75 per person
in value on a single calendar day; provided that the food or refreshments
are consumed on the premises from which they were purchased or prepared
or are catered. For the purposes of this subsection, "catered" means
food or refreshments that are purchased ready to consume which are
delivered by any means.
(i)
Food, refreshments, lodging, transportation,
and other benefits resulting from outside business or employment activities
(or outside activities that are not connected to the official duties
of an officer or employee), if the benefits have not been offered
or enhanced because of the official position or employment of the
officer or employee, and are customarily provided to others in similar
circumstances.
(j)
Intragovernmental and intergovernmental gifts.
For the purpose of this chapter, "intragovernmental gift" means any
gift given to an officer or employee from another officer or employee,
and "intergovernmental gift" means any gift given to an officer or
employee by an officer or employee of another governmental entity.
(k)
Bequests, inheritances, and other transfers
at death.
(l)
Any item or items from any one prohibited source
during any calendar year having a cumulative total value of less than
$100.
(2)
Each of the exceptions listed in this subsection is
mutually exclusive and independent of every other.
C.
Disposition of gifts. An officer or employee, his
or her spouse or an immediate family member living with the officer
or employee does not violate this chapter if the recipient promptly
takes reasonable action to return a gift from a prohibited source
to its source or gives the gift or an amount equal to its value to
an appropriate charity that is exempt from income taxation under Section
501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter
amended, renumbered, or succeeded.
A.
The County Board Chairman, with the advice and consent
of the County Board, shall designate an Ethics Advisor for McLean
County. The duties of the Ethics Advisor may be delegated to an officer
or employee of McLean County unless the position has been created
as an office by the McLean County Board.
B.
The Ethics Advisor shall provide guidance to the officers
and employees of McLean County concerning the interpretation of and
compliance with the provisions of this chapter and state ethics laws.
The Ethics Advisor shall perform such duties as may be delegated by
the County Board.
A.
There is hereby created a commission to be known as
the "Ethics Commission of McLean County." The Commission shall be
comprised of three members appointed by the Chairman of the County
Board with the advice and consent of the County Board. No person shall
be appointed as a member of the Commission who is related, either
by blood or marriage up to the degree of first cousin, to any elected
officer of McLean County. No more than two members of the Commission
shall belong to the same political party at the time such appointments
are made. Party affiliation shall be determined by affidavit of the
persons appointed.
B.
At the first meeting of the Commission, the initial
appointees shall draw lots to determine their initial terms. Two Commissioners
shall serve two-year terms, and the third Commissioner shall serve
a one-year term. Thereafter, all Commissioners shall be appointed
to two-year terms. Commissioners may be reappointed to serve subsequent
terms.
C.
At the first meeting of the Commission, the Commissioners
shall choose a Chairperson from their number. Meetings shall be held
at the call of the Chairperson or any two Commissioners. A quorum
shall consist of two Commissioners; an official action by the Commission
shall require the affirmative vote of two members.
D.
The Chairman of the County Board, with the advice
and consent of the County Board, may remove a Commissioner in case
of incompetency, neglect of duty or malfeasance in office after service
on the Commissioner by certified mail, return receipt requested, of
a copy of the written charges against the Commissioner and after providing
an opportunity to be heard in person or by counsel upon not less than
10 days' notice. Vacancies shall be filled in the same manner as original
appointments.
E.
The Commission shall have the following powers and
duties:
(1)
To promulgate procedures and rules governing the performance
of its duties and the exercise of its powers.
(2)
Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and deliberations, issue recommendations for disciplinary actions, impose fines in accordance with § 37-7 of this chapter and refer violations of § 37-2 or 37-3 of this chapter to the McLean County State's Attorney. The Commission shall, however, act only upon the receipt of a written complaint alleging a violation of this chapter and not upon its own prerogative.
(3)
To receive information from the public pertaining
to its investigations and to require additional information and documents
from persons who may have violated the provisions of this chapter.
(4)
To compel the attendance of witnesses and to compel
the production of books and papers pertinent to an investigation.
It is the obligation of all officers and employees of McLean County
to cooperate with the Commission during the course of its investigations.
Failure or refusal to cooperate with any request by the Commission
shall constitute grounds for discipline or discharge where provided
by law.
(5)
The powers and duties of the Commission are limited
to matters clearly within the purview of this chapter.
A.
Filing.
(1)
Complaints alleging a violation of this chapter shall
be filed with the Ethics Commission.
(2)
A complaint alleging a violation of this chapter must be filed within
one year after the alleged violation. For purposes of this subsection,
"filed" means received by a member of the Ethics Commission or by
a staff member of the McLean County Administration Office.
B.
Pre-hearing procedures.
(1)
Notice
of initial hearing. Within three business days after the receipt of
a complaint, the Commission shall send by certified mail, return receipt
requested, a notice to the respondent that a complaint has been filed
against him or her and a copy of the complaint. The Commission shall
send by certified mail, return receipt requested, a confirmation of
the receipt of the complaint to the complainant within three business
days after receipt by the Commission. The notices to the respondent
and the complainant shall also advise them of the date, time, and
place of the meeting to determine the sufficiency of the complaint
and to establish whether probable cause exists to proceed.
(2)
Initial hearing on sufficiency and probable cause
to proceed. Upon not less than 48 hours' public notice, the Commission
shall meet to review the sufficiency of the complaint and, if the
complaint is deemed sufficient to allege a violation of this chapter,
to determine whether there is probable cause, based on the evidence
presented by the complainant, to proceed. The meeting may be closed
to the public to the extent authorized by the Open Meetings Act.[1] The Commission shall issue notice to the complainant and
the respondent of the Commission's ruling on the sufficiency of the
complaint and, if necessary, on probable cause to proceed within seven
business days after receiving the complaint.
[1]
Editor's Note: See 5 ILCS 120/1 et seq.
C.
Allegations regarding § 37-3.
(1)
Notice of hearing or notification to State's Attorney. If the complaint is deemed sufficient to allege a violation of § 37-3 of this chapter and there is a determination of probable cause, then the Commission's notice to the parties shall include a hearing date scheduled within four weeks after the complaint's receipt. Alternatively, the Commission may elect to notify in writing the McLean County State's Attorney to consider prosecution of such actions. If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public.
(2)
Notice of dismissal. If the complaint is deemed sufficient to allege a violation of § 37-2 of this chapter, then the Commission shall notify in writing the McLean County State's Attorney to consider prosecution of such actions and shall transmit to the McLean County State's Attorney the complaint and all additional documents in the custody of the Commission concerning the alleged violation.
(3)
Hearing
before the Commission. On the scheduled date and upon at least 48
hours' public notice of the meeting, the Commission shall conduct
a hearing on the complaint and shall allow both parties the opportunity
to present testimony and evidence. The hearing may be closed to the
public only if authorized by the Open Meetings Act.
(4)
Continuances.
At the discretion of the Ethics Commission and for good cause shown,
the Ethics Commission may grant a continuance of a scheduled hearing
to any party.
(a)
Except
in bona fide emergencies, motions for continuances shall be submitted
tot he Commission in writing as soon as possible after the reason
for the request for continuance is known. A copy of the motion shall
be served on the opposing party.
(b)
In
situations where time is too short to present a written motion for
continuance, the party shall contact the Commission directly by any
reasonable means and shall notify the opposing party likewise. The
Commission may grant a hearing and a decision by default may be entered
against any party not appearing.
(5)
Hearing
procedures.
(a)
Any
party who desires such may be represented by legal counsel. The accused
party shall be afforded the opportunity to respond and present evidence
and argument, to call witnesses, and to compel the attendance of witnesses
by subpoena.
(b)
All
witnesses who testify shall do so under oath.
(c)
The
Commission shall cause a record of the hearing to be preserved, which
shall include the following: all pleadings, notices, motions, rulings,
etc.; all documentary or physical evidence received; offers of proof,
objections and rulings thereon; and any decision, opinion or report
by the Commission; and an electronic recording of the hearing proceedings.
(6)
Rules
of evidence.
(a)
Irrelevant,
immaterial and unduly repetitious evidence shall be excluded. The
rules of evidence and privileges as applied in civil cases in the
Circuit Courts of the State of Illinois shall be followed. However,
evidence not admissible under such rules may be admitted, except where
prohibited by statute, if it is a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs. Objections to evidentiary
offers may be made and shall be noted in the record. Subject to these
requirements, when the cause of a hearing will be expedited and the
interest of the parties will not be prejudiced, any part of the evidence
may be received in written form or by stipulation.
(b)
Parties
shall have the right to conduct cross-examination of witnesses to
the extent necessary for a full and fair disclosure of the facts.
Notice may be taken of matters which the Circuit Court of the state
may take judicial notice. In addition, notice may be taken of generally
recognized technical or scientific facts within the agencies within
the Commission's specialized knowledge. Such notice shall be noted
in the record. The Commission's experience, technical competence,
and specialized knowledge may be utilized in the evaluation of evidence.
(7)
Decisions
of the Commission.
(a)
Violation
of the Ethics Ordinance shall be proven by a preponderance of the
evidence.
(b)
Findings
of fact shall be based exclusively on the evidence and on matters
officially noticed.
(c)
Within 30 days after the date the hearing or
any recessed hearing is concluded, the Commission shall either dismiss
the complaint or issue a recommendation for discipline up to and including
discharge of the alleged violator to the County Board Chairman or
other officer having authority to discipline the officer or employee
or impose a fine upon the violator, or both. The particular findings
in the case, any recommendation for discipline, and any fine imposed
shall be a matter of public information.
(d)
If the hearing was closed to the public, the
respondent may file a written demand for a public hearing on the complaint
within seven business days of the issuance of the recommendation for
discipline or imposition of a fine, or both. The filing of the demand
shall stay the enforcement of the recommendation or fine. Within 14
days after receiving the demand, the Commission shall conduct a public
hearing on the complaint upon at least 48 hours' public notice of
the hearing and allow both parties the opportunity to present testimony
and evidence. Within seven days thereafter, the Commission shall publicly
issue a final recommendation to the alleged violator and the Chairman
of the County Board or other officer having authority to discipline
the officer or employee or impose a fine upon the violator, or both.
(e)
If a complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under Subsection C(7)(c) within seven days preceding that election. The Commission shall render such decision before the date of that election, if possible.
(f)
Unless precluded by law, disposition may be made of any case
by stipulation, agreed settlement, consent order, or default, at any
stage in the proceedings. If the Commission does not concur with any
proposed disposition or stipulation or settlement, the hearing shall
proceed to completion.
A.
Types of
offenses.
(1)
A person is guilty of a Class A misdemeanor if that person intentionally violates any provision of § 37-2 of this chapter.
(2)
A person who intentionally violates any provision of § 37-3 of this chapter is guilty of a business offense.
(3)
Any person who intentionally makes a false report
alleging a violation of any provision of this chapter to the Ethics
Commission of McLean County, to the State's Attorney or any other
law enforcement official is guilty of a Class A misdemeanor.
B.
Prosecution.
(1)
A violation of § 37-2 of this chapter may be prosecuted as a criminal offense by the McLean County State's Attorney by filing in the Circuit Court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt.
