Loading...
O-54-99 06/28/1999VILLAGE OF LEMONT ORDINANCE NO. 0 -59-19 AN ORDINANCE PROHIBITING THE SOLICITATION AND ACCEPTANCE OF GIFTS AND ADOPTING THE GOVERNMENTAL ETHICS AND STATE GIFT BAN ACT (5 ILCS 425/1 ET. SEQ.; P.A. 90 -737) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 2t,R day of 6%) me-- , 1999. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will & DuPage Counties, Illinois, this day of , 1999. ORDINANCE NO. 6 '454 ,c1.1 AN ORDINANCE PROHIBITING THE SOLICITATION AND ACCEPTANCE OF GIFTS AND ADOPTING THE GOVERNMENTAL ETHICS AND STATE GIFT BAN ACT (5 ILCS 425/1 ET. SEQ.; P.A. 90 -737) WHEREAS, the General Assembly has enacted the Governmental Ethics and State Gift Ban Act (P.A. 90 -737; House Bill 672; 5 ILCS 425/1 et seq.), which became effective on January 1, 1999; 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 President and Board of Trustees of the Village of Lemont 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 Lemont, in an effort to comply with the action required by Section 83, hereby pass and approve this Ordinance to bring the Village of Lemont in compliance with the dictates of the Act; and WHEREAS, the corporate authorities of the Village of Lemont strongly encourage the General Assembly to take immediate action to clarify the procedural and substantive provisions 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, AS FOLLOWS: SECTION 1: The Code of Ordinances of the Village of Lemont is hereby amended with the addition of the following provisions: I. Governmental Ethics and State Gift Ban Act Sec. A -101. Adoption of Act. (a) The Governmental Ethics and State Gift Ban Act (5 ILCS 425 et seq.) is hereby adopted as required by Section 83 of the Act (5 ILCS 425/83). (b) The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the Act is prohibited by any elected or appointed official or any employee of the Village. Sec. A -102. Ethics Officer. To the extent authorized by law and to the extent required by Section 35 of the Act (5 ILCS 425 /35), the Lemont Ethics Commission is appointed to serve as the "ethics officer" of the Village. A three (3) person Ethics Commission is hereby established for the purpose of reviewing any violations of the Lemont Code of Ethical Conduct and the State Gift Bank Act. The Village Board shall appoint the three (3) members who shall have all the powers and duties set forth in the State Gift Ban Act. Sec. A -103. Ethics Commission: Complaints. All complaints for violations of the Act and this Ordinance shall be filed with Cook County ethics commission (created by Section 45 of the Act.) Sec. A -104. Existing Ethics Ordinance or Gift Ban Ordinance. This Ordinance does not repeal Section 2.84 of the Lemont Municipal Code, which regulates the conduct of the Village officials and employees. To the extent that Section 2.84 is less restrictive than the Governmental Ethics and State Gift Ban Act and this Ordinance, then the provisions and this Ordinance shall prevail in accordance with the provisions of Section 95 of the Act (5 ILCS 425/95). Sec. A -105. Future Amendments to State Gift Ban Act. Any amendment to Governmental Ethics and State Gift Ban Act (5 ILCS 425/1 et seq.) that becomes effective after the passage of this Ordinance shall be incorporated into this Ordinance 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. Sec. A -106. Future Declaration of Unconstitutionality of State Gift Ban Act. (a) If the Illinois Supreme Court declares the Governmental Ethics and State Gift Ban Act (5 ILCS 425.1 et seq.) unconstitutional in its entirety, then this Ordinance shall be repealed as of the date that the Supreme Court's decision becomes final and not subject to any future appeals or rehearings. The Ordinance shall be deemed repealed without further appeals or rehearings. The Ordinance 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 Governmental Ethics and 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 the Ordinance shall remain in full force and effect; however, that part of this Ordinance relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the Village. SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this day of , 1999. John Benik Debra Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS PASSED ABSENT v V Approved by me this Z day of ATTEST: HARLENE M. SMOL , Vi lage Clerk , 1999. HARLENE M. SMOLLEN, Village Clerk APPROVED AS TO FORM: JOH P. ANTONOP B: \VILLAGE\SOLICITATION.ORD OS, Village Attorney I, Village President LAW OFFICES OF ANTONOPOULOS & VIRTEL, P.C. COURTYARD PROFESSIONAL BUILDING 15419 127th STREET • SUITE 100 LEMONT, ILLINOIS 60439 JOHN P. ANTONOPOULOS LEE T. VIRTEL June 2, 1999 Mr. Marvin Ludwig 712 Ridge Road Lemont, Illinois 60439 Mr. Robert Splitt 12 W. Logan Street Lemont, Illinois 60439 Ms. Lisa Zelezinski 801 Schultz Street Lemont, Illinois 60439 RE: Illinois Gift Ban Act Dear Ms. Zelezinski, Mr. Ludwig and Mr. Splitt: PHONE (630) 257 -5816 FAX (630) 257 -8619 Enclosed is a copy of the new Illinois Gift Ban Act along with suggested ordinances for adoption. The Illinois Gift Ban Act requires units of local government to adopt the Illinois Gift Ban Act by July 1, 1999 and the Mayor has suggested that the Ethics Commission review the Act and make a recommendation to the Village Board. As you will see from reading the Act, it contains procedural and substantive defects along with ambiguities and inconsistencies that have not been addressed by the Illinois General Assembly. I am enclosing a letter from Robert Haida, who is an attorney that contacted the Illinois Attorney General's Office asking for an opinion. Since the date of his letter, we have had no response and are somewhat confused as to how to proceed. Lemont, like all other governmental entities, will be required to adopt some form of the State Gift Ban Act. During our meeting which has been scheduled for Saturday, June 19, 1999 at 9:00 a.m. at my office, I will review the Act with you along with the two model ordinances that have been suggested by the Illinois Municipal League entitled "Option A and Option B." I am looking forward to meeting all of you and if you have any questions prior to the meeting or need additional information, please feel free to contact me. JPA:vms Enclosures cc: Mayor Richard Kwasneski Very • yours, tonopoulo