Ordinance 2004-26 1 h
STATE OF ILLINOIS )
COUNTY OF KENDALL )
ORDINANCE NO. 2004---Z�
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING
ORDINANCE NO. 1999-12 AND AN ORDINANCE IMPLEMENTING THE
PROVISIONS OF THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT(5
II.CS 430/1-1 ET. SEQ.)
WHEREAS,the Illinois General Assembly has enacted the State Officials and
Employees Ethics Act 5 ILCS 430/1-1 et.seq. (hereinafter referred to as"Act"), which is
a comprehensive revision of State statutes regulating ethical conduct,political activities
and the solicitation and acceptance of gifts by state officials and employees; and
WHEREAS,the Act requires all units of local government and school districts to
adopt ordinances or resolutions regulating the political activities of and the solicitation
and acceptance of gifts by,the officers and employees of such units "in a manner no less
restrictive"than the provisions of the Act on or before May 19, 2004; and
WHEREAS, it is the clear intention of the Act to require units of local
government and school districts to implement regulations that are at least as restrictive as
those contained in the Act, and to impose penalties for violations of those regulations that
are equivalent to those imposed by the Act, notwithstanding that such penalties may
exceed the general authority granted to units of local government to penalize ordinance
violations; and
WHEREAS, it is the clear intention of the act to provide units of local
government with all authority necessary to implement its requirements on the local level
regardless of any general limitations on the power to define and punish ordinance
violations that might otherwise be applicable; and
WHEREAS,because the Act provides for the imposition of significant penalties
for violations of said local regulations, it is necessary to adopt the required regulations by
Ordinance rather than by Resolution;
NOW, THEREFORE,BE IT ORDANINED BY THE MAYOR AND CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE AS FOLLOWS:
Section 1: The Code of Ordinances of The United City of Yorkville is hereby
amended by the addition of the following provisions:
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ARTICLE 1
DEFINITIONS
Section 1-1. For purposes of this ordinance, the following terms shall be given
these definitions:
"Campaign for elective office"means 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 (i)relating to the support or opposition of any executive, legislative,
or administrative action, (ii)relating to collective bargaining, or(iii)that are otherwise in
furtherance of the person's official duties.
"Candidate"means 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).
"Compensated time"means,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
Ordinance, 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 of 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.
"Compensatory time off'means 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.
The definition of"Compensatory time off'or"Compensated time" given herein shall in
no way affect the same definitions under any collective bargaining agreement or
employee manual definition for employee benefit purposes of the City Code of the
United City of Yorkville. The defined terms"Compensatory time off" and
"Compensated time"under Article 1 of this Ordinance, are solely limited to definitions
for purposes of interpreting Article 2 "Prohibited Political Activities" subsection(b) of
this Ordinance.
"Contribution"has the same meaning as that term is defined in section
901.4 of the Election code (10 ILCS 5/9-1.4).
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"Employee"means a person employed by The United City of Yorkville,
whether on a fulltime or part-time bases 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.
"Employer"means The United City of Yorkville.
"Gift"means 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.
"Leave of absence"means any period during which an employee does not
receive (i)compensation for employment, (ii) service credit towards pension benefits,
and(iii)health insurance benefits paid for by the employer.
"Officer"means 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.
"Political activity"means any activity in support of or in connection with
any campaign for elective office or any political organization,but does not include
activities (i)relating to the support or opposition of any executive, legislative, or
administrative action, (ii) relating to collective bargaining, or(iii) that are otherwise in
furtherance of the person's official duties.
"Political organization"means 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.
"Prohibited political activity"means:
(1) Preparing for, organizing, or participating in any political
meeting,political rally,political demonstration, or other
political event.
(2) Soliciting contributions, including but not limited to the
purchase of, selling, distributing, or receiving payment for
tickets for any political fundraiser,political meeting, or
other political event.
(3) Soliciting,planning the solicitation of, or preparing any
document or report regarding anything of value intended as
campaign contribution.
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(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) Initiating for circulation, preparing, circulating,reviewing,
or filing any petition on behalf of a candidate for elective
office or for or against any referendum questions.
(9) Making contributions on behalf of any candidate for
elective office in that capacity or in connection with a
campaign or elective office.
(10) Preparing or reviewing responses to candidate
questionnaires.
(11) 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 questions.
(12) Campaigning for any elective office or for or against any
referendum questions.
(13) Managing or working on a campaign for elective office or
for or against any referendum question.
(14) Serving as a delegate, alternate, or proxy to a political party
convention.
(15) Participating in any recount or challenge to the outcome of
any election.
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"Prohibited source"means any person or entity who:
(1) is seeking official action(i)by an officer or(ii)by an
employee, or by the officer or another employee directing
that employee;
(2) does business or seeks to do business(i)with the officer or
(ii)with an employee, or with the officer or another
employee directing that employee;
(3) conducts activities regulated(i)by the officer or(ii)by an
employee, or by the officer or another employee directing
that employee; or
(4) has interests that may be substantially affected by the
performance or non-performance of the official duties of
the officer or employee.
ARTICLE 2
PROHIBITED POLITICAL ACTIVITIES
Section 2-1. 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 the United City of Yorkville 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(i) as part of that officer
or employee's duties, (ii) as a condition of employment,or(iii)during any compensated
time off(such as holidays,vacation or personal time off).
(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 here official duties, or activities that are
undertaken by an officer or employee on a voluntary basis which are not prohibited by
this Ordinance.
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(e) No person either(i) in a position that is subject to recognized merit principles
of public employment or(ii) 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.
ARTICLE 3
GIFT BAN
Section 3-1. Gift ban. Except as permitted by this Article,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.
Section 3-2. Exceptions. Section 3-1 is not applicable to the following:
(1) Opportunities,benefits, and services that are available on the same
conditions as for the general public.
(2) Anything for which the officer or employee, or his or her spouse or
immediate family member,pays the fair market value.
(3) Any(i) contribution that is lawfully made under the Election Code or(ii)
activities associated with a fundraising event in support of a political
organization or candidate.
(4) Educational materials and missions.
(5) Travel expenses for a meeting to discuss business.
(6) 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, Bon-
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 fiance or fiancee.
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(7) 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:
(i) the history of the relationship between the individual giving the if
and the recipient of the gift, including any previous exchange of
gifts between those individuals;
(ii) 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
(iii) 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.
(8) Food or refreshments not exceeding$75 per person in value on a single
calendar day;provided that the food or refreshments are(i) consumed on
the premises from which they were purchased or prepared or(ii) catered.
For the purposes of this Section, "catered"means food or refreshments
that are purchased ready to consume which are delivered by any means.
(9) 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.
(10) Intra-governmental and inter-governmental gifts. For the purpose of this
Act, "intra-governmental gift"means any gift given to an officer or
employee from another officer or employee, and"inter-governmental gift"
means any gift given to an officer or employee by an officer or employee
of another governmental entity.
(11) Bequests, inheritances, and other transfers at death.
(12) Any item or items from any one prohibited source during any calendar
year having a cumulative total value of less than $100.
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Each of the exceptions listed in this Section is mutually exclusive and
independent of every other.
Section 3-3. Disposition of gifts. An officer or employee, his or her spouse or
any immediate family member living with the officer or employee, does not violate this
Ordinance 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.
Section 4. REPEALER: All ordinances or parts of ordinances conflicting with
any of the provisions of this ordinance shall be and the same are hereby repealed.
Section 5. SEVERABILITY: If any section, subsection, sentence, clause,phrase
or portion of this ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity of the remaining
portions hereof.
Section 6. EFFECTIVE DATE: This ordinance shall be in effect upon its
passage and approval by the United City of Yorkville Mayor and City Council.
IN WITNESS WHEREOF, this Ordinance has been enacted this day of
2004.
PAUL JAMES � MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURD ROSE SPEARS
LARRY KOT � JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois,this_I day of , A.D. 2004.
MAYOR
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PASSED by the City Council of the United City of Yorkville, Kendall County,
Illinois this-Z day of , A.D. 2004.
At
(JOITY C RK
This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
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