[Adopted 5-18-2004 by Ord. No. 04-032]
For purposes of this Part 8, the following terms shall be given
these definitions:
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 general primary election or general election.
Has the same meaning as that term is defined in Section 3
of the Illinois Public Labor Relations Act (5 ILCS 315/3).
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 Part 8 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;
provided nothing herein shall be construed or interpreted to mean
that any employee of the Village of Homer Glen has any right to compensatory
time off by virtue of the provisions of this Part 8.
Has the same meaning as that term is defined in Section 9-1.4
of the Election Code (10 ILCS 5/9-1.4).
The Election Code of the State of Illinois (5 ILCS 5/1-1
et seq.).
A person employed by the Village of Homer Glen, whether on
a full-time or part-time basis or pursuant to a contract, whose duties
are subject to the direction and control of the Village of Homer Glen
with regard to the material details of how the work is to be performed,
but does not include an independent contractor.
The Village of Homer Glen.
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 attributable to government
employment or the official position of an officer or employee.
Any period during which an employee does not receive:
A person who holds, by election or appointment, an office
created by statute or ordinance, regardless of whether the officer
is compensated for service in his or her official capacity.
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 the 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 the 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 or 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 or against any referendum question.
Assisting at the polls on Election Day on behalf of any political
organization or candidate for elective office or for or against any
referendum question.
Soliciting votes on behalf of a candidate for elective office
or a political organization or for or 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 or 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 or against any referendum
question.
Campaigning for any elective office or for or against any referendum
question.
Managing or working on a campaign for elective office or for
or 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 or which:
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 the Village of Homer Glen 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.
A.
Except as permitted by this Part 8, 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
section.
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 aunt, great uncle, 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 section, "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 Part 8, "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 section 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 Part 8 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.
[Added 3-27-2007 by Ord. No. 07-014]
A.
Neither
the Village nor any officer or employee thereof shall hire for any
position, or recommend or permit the hiring for any position of any
person who, whether by blood, marriage, or adoption, is related to
any then-current Village officer or employee in any one of the following
degrees or capacities: father, mother, son, daughter, brother, sister,
uncle, aunt, great aunt, great uncle, 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,
siblings, grandfather, or grandmother of the individual's spouse and
of the individual's fiance or fiancee.
B.
The foregoing
prohibition shall not apply to:[1]
(1)
Any person related in any one of the foregoing degrees or capacities
to any person serving on any committee or task force of the Village
other than the Plan Commission, unless such person serving on such
committee or task force is also an officer; and
(2)
Any person who is currently employed by the Village.
[Added 3-27-2007 by Ord. No. 07-014]
Neither the Village nor any officer or employee thereof shall enter into any contract for the provision or procurement of goods or services or recommend or permit the entering into of any such contract, with the Village as one party to such contract, where any other party to such contract consists of any individual person who could not then be hired by virtue of the application of § 45-17A (hereinafter, "prohibited person"), or where any such prohibited person holds an ownership interest in any party to such contract or any financial interest in such contract, where such ownership interest or financial interest would be prohibited to be held by a municipal officer under the provisions of 65 ILCS 5/3.1-55-10. For purposes of this section, the term "contract" shall not include an intergovernmental agreement for the provision of goods and/or services entered into between the Village and one or more governmental entities or public bodies. Further, for purposes of this section, "an ownership interest" with respect to a publicly owned corporation or other entity whose stock or ownership instruments are traded on a nationally recognized stock exchange shall mean ownership in excess of 1% of the stock or other ownership instruments of said corporation or other entity.
A.
The Village President, with the advice and consent of the Village
Board, shall designate an Ethics Advisor for the Village of Homer
Glen. The duties of the Ethics Advisor may be delegated to an officer
or employee of the Village of Homer Glen unless the position has been
created as an office by the Village of Homer Glen.
B.
The Ethics Advisor shall provide guidance to the officers and employees
of the Village of Homer Glen concerning the interpretation of and
compliance with the provisions of this Part 8 and state ethics laws.
The Ethics Advisor shall perform such other duties as may be delegated
by the corporate authorities of the Village of Homer Glen.
A.
There is hereby created a commission to be known as the "Ethics Commission"
of the Village of Homer Glen. The Commission shall be comprised of
three members appointed by the Village President with the advice and
consent of the Village Board. No person shall be appointed as a member
of the Commission who is related, either by blood or by marriage up
to the degree of first cousin, to any elected officer of the Village
of Homer Glen.
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.
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, and official action by the Commission shall
require the affirmative vote of two members.
C.
The Village President, with the advice and consent of the Village
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.
D.
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 § 45-22 of this article and refer violations of § 45-16, 45-17, 45-18 or 45-19 of this article to the appropriate attorney for prosecution. The Commission shall, however, act only upon the receipt of a written complaint alleging a violation of this Part 8 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 Part 8.
(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 the Village of Homer Glen to cooperate
with the Commission during the course of its investigations. Failure
or refusal to cooperate with requests by the Commission shall constitute
grounds for discipline or discharge.
(5)
The powers and duties of the Commission are limited to matters clearly
within the purview of this Part 8.
E.
Complaints alleging a violation of this Part 8 shall be filed with
the Commission. The following rules shall apply with respect to complaints:
(1)
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)
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 Part 8, 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 (5 ILCS 120/1 et
seq.). 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.
(3)
If the complaint is deemed sufficient to allege a violation of § 45-17 of this Part 8 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 attorney designated by the corporate authorities to prosecute such actions and request that the complaint be adjudicated judicially. 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.
(4)
If the complaint is deemed sufficient to allege a violation of § 45-16 of this Part 8, then the Commission shall notify in writing the attorney designated by the corporate authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the Commission concerning the alleged violation.
(5)
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 (5 ILCS 120/1 et seq.).
(6)
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 to the alleged violator and
to the Village President, 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.
(7)
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 after 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 to the Village
President or impose a fine upon the violator, or both.
(8)
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 E(2) within seven days after the complaint is filed, and during the seven days preceding that election, the Commission shall render such decision before the date of that election, if possible.
F.
The Commission may fine any person who intentionally violates any provision of § 45-16, 45-17, 45-18 or 45-20 in an amount not less than $1,001 and not more than $5,000. The Commission may fine any person who knowingly files a frivolous complaint alleging a violation of this Part 8 in an amount not less than $1,001 and not more than $5,000. The Commission may recommend any appropriate discipline up to and including discharge.
G.
A complaint alleging the violation of this Part 8 must be filed within
one year after the alleged violation.
A.
A person who intentionally violates any provision of § 45-16 of this Part 8 may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined an amount not to exceed $2,500.
C.
Any person who intentionally makes a false report alleging a violation
of any provision of this Part 8 to the local enforcement authorities,
the State's Attorney or any other law enforcement official may be
punished by a term of incarceration in a penal institution other than
a penitentiary for a period of not more than 364 days, and may be
fined an amount not to exceed $2,500.
D.
A violation of § 45-16 of this article shall be prosecuted as a criminal offense by an attorney for the Village of Homer Glen by filing in the Circuit Court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the applicable rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. A violation of § 45-17, 45-18 or 45-19 of this Part 8 may be prosecuted as a quasi-criminal offense by an attorney for the Village of Homer Glen, or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure.
