2004-04811
•
ORDINANCE NO. 2004- 4 s
AN ORDINANCE IMPLEMENTING THE PROVISIONS OF
THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT
(5 ILCS 430/1 -1 ET SEQ.) IN THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Illinois General Assembly has enacted the State Officials and Employees
Ethics Act, 5 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 Village 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 VIILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
Section 1: That Chapter 2.49 of the Buffalo Grove Municipal Code is hereby amended to
read in its entirety as follows:
Chapter 2.49
STATE OFFICIALS AND EMPLOYEES ETHICS ACT
2.49.010 Adoption of Act.
A. 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, 5
ILCS 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 430/70 -5.
B. 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.
C. 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.
-1-
• -
D. The participation in political activities prohibited under the Act, by any
officer or employee of the Village, is hereby prohibited.
E. For purposes of this Chapter, the terms "officer" and "employee" shall be
defined as set forth in 5 ILCS 430/70 -5(c).
F. The penalties for violations of this Chapter shall be the same as those
penalties set forth in 5 ILCS 430/50 -5 for similar violations of the Act.
2.49.020 Existing Ethics Ordinance.
This Chapter does not repeal or otherwise amend or modify Chapter 2.48 of
the Village Code which regulates the conduct of Village officers and employees. To
the extent that Chapter 2.48 is less restrictive than this Chapter, then the provisions of
this Chapter shall prevail in accordance with the provisions of 5 ILCS 430/70 -5(a).
2.49.030 Future Amendments to State Officials and Employees Ethics Act.
Any amendment to the Act that becomes effective after the effective date of
this Chapter shall be incorporated into this Chapter 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 Chapter by
reference without formal action by the Corporate Authorities of the Village.
2.49.040 Future Declaration of Unconstitutionality of Act.
A. If the Illinois Supreme Court declares the Act unconstitutional in its
entirety, then this Chapter shall be repealed as of the date that the Illinois Supreme
Court's decision becomes final and not subject to any further appeals or rehearings.
This Chapter 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 ofthe Act 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 this Chapter shall
remain in full force and effect; however, that part of this Chapter 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: Paragraph 4 of the Conflict of Interest Disclaimer in section 2.48.030 of the
Buffalo Grove Municipal Code is hereby amended to read as follows:
4. I have read and acknowledge the requirements in 5 Illinois Compiled Statutes 430/10 -10,
et seq., as amended, which is the Illinois Gift Ban statute (a copy which is attached hereto) and
-2-
• •
understand that I must abide by its terms.
Sect , n 3: This Ordinance shall be in fill force and effect upon its passage, approval and
publication in pamphlet form as provided by law.
AYES: 5 - Braiman, Glover, Johnson, Kahn, Trillin
NAYES: 0 - None
ABSENT:1 - Berman
PASSED: May 3 , 2004.
APPROVED: May 3 , 2004.
PUBLISHED: May 4 , 2004.
ATTEST:
lage Clerk
APPROVED:
-3-
Village President
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois.
I further certify that on May 3, 2004, the Corporate
Authorities of the Village passed and approved
Ordinance No. 2004 -48 entitled: Implementying the
Provisions of the State Officials and Employees
Ethics Act (5 ILCS 430/1 -1 et seq.) in the Village of
Buffalo Grove. provided by its terms that it should be
published in pamphlet form.
The pamphlet form of Ordinance No. 2004 -48
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing May 4, 2004,
and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 4th day of May,
2004.
QL�!Z�'Azp�-
Village CYerk
By
4
! 1 1
0 !
N 101M N on e
gill DISDIN
I a ! ! 't
WHEREAS, the Illinois General Assembly has enacted the State Officials and Employees
Ethics Act, 5 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 Village desires to come into compliance with the provisions of the Act;
ILLINOIS,
Section 1: That Chapter 2.49 of the Buffalo Grove Municipal Code is hereby amended to
read in its entirety as follows:
Chapter 2.49
2.49.010 Adoption of Act.
A. 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, 5
ILCS 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 ofthe Village
to the extent required by 5 ILCS 430/70 -5.
. 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.
C. 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.
-1-
Y
i
I
m
NAYES:—O - None
ABSENT: .1 - Berman
PASSED: Mav 3 12004.
APPROVED: May 3
mull-MM ��
',-Village Clerk
Fly,,
Village President
�m