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2009-08412/14/09 ORDINANCE NO. 2009- 84 AN ORDINANCE AMENDING CHAPTER 2.49, STATE OFFICIALS AND EMPLOYEES ETHICS ACT, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village has previously enacted Ordinance No. 2004 -48 pursuant to the requirements of Section 70 -5 of the State Officials and Employees Ethics Act, 5 ILCS 430/1 -1 et seq. ( "Act "). NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES. OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS IN THE EXERCISE OF ITS HOME RULE POWERS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Chapter 2.49, State Officials and Employees Ethics Act, of the Buffalo Grove Municipal Code is amended to read as follows: I. General Provisions 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. D. The participation in political activities prohibited under the Act, by any officer or employee of the Village, is hereby prohibited. i ! It 0 E. For purposes of this Chapter, the term "officer" is defined as an elected or appointed official of the Village; regardless of whether the official is compensated and shall include, but not by way of limitation, members of Village commissions, committees and boards appointed by the Village President by and with the advice and consent of the Board of Trustees. F. For purposes of this Chapter, the term "employee" is defined as a full - time, part-time, or contractual employee of the Village. 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). II. Ethics Commission 2.49.030 Ethics Commission Created A. There is hereby created a commission to be known as the Ethics Commission of the Village of Buffalo Grove ( "Commission "). The Commission shall be comprised of seven (7) members ( "Commissioners ") appointed by the Village President by and with the consent of the Board of Trustees. All members shall be residents of the Village and eligible to vote throughout their respective terms of office. 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. B. Appointments shall be for a one - ,two -, or three -year term to run from May 1St to the appropriate April 30th, with the exception of initial appointees which shall begin their term on the date of appointment. An appointment hereunder shall not exceed the full term to which the Village President was elected. C. The Village President, by and with the advice and consent of the Board of Trustees, shall appoint one of the members as Chairperson and one of the members as Vice Chairperson. D. The Corporate Authorities may establish rules of procedure for the Commission. 2.49.040 Meetings, quorum and voting A. Meetings of the Commission shall be held at the call of the Chairperson, as a majority of the Commission shall determine, or at the direction of the Corporate Authorities. B. A majority of the Commissioners holding office shall constitute a quorum. An affirmative vote of the majority of the Commissioners holding office shall prevail. 2.49.050 Powers and Duties The Commission shall have the following powers and duties: A. To recommend to the Corporate Authorities modifications to The Ethics Commission's procedures and rules governing the performance of its duties and the exercise of its powers. B. Upon receipt of a referral from the Corporate Authorities, to investigate, conduct hearings and deliberations, make recommendations to the Corporate Authorities for judicial and disciplinary actions and/or fines. The Commission shall, however, act only upon the receipt of a referral from the Corporate Authorities and not upon its own prerogative. C. 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. D. 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 to cooperate with the Commission during the course of its investigations. E. The powers and duties of the Commission are limited to matters clearly within the purview of this Chapter. 2.49.060 Complaints and Procedures A. Any person may file a written complaint of an alleged violation of this Chapter with the Village Clerk. The written complaint shall include the following information: (i) the complaint shall set forth the date or time period when the alleged violation occurred; (ii) the complaint shall describe in detail the act or acts complained of and provide a list of witnesses to the act or acts; (iii) the complaint shall contain the complainant's home address, business telephone number and personal telephone number; and (iv) the complaint shall be signed by the complainant and notarized. B. Within three (3) business days after the receipt of a complaint, the Village Clerk shall send by certified mail, return receipt requested or by personal delivery service, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. Within three (3) business days after the receipt of a complaint, the Village Clerk shall send by certified mail, return receipt requested or by personal delivery service, a confirmation of the receipt of the complaint to the complainant. A copy of the complaint shall be forwarded to the Village President and the Village Manager. C. The respondent shall have ten (10) business days after receipt of the complaint to file a written response thereto. The response shall be served upon the Village Clerk. In the event a written response is not filed within said ten (10) business days, then it shall be assumed that the allegations in the complaint are denied generally. A copy of the response shall be forwarded to the Village President and the Village Manager. D. The Corporate Authorities shall meet within thirty (30) calendar days after receipt by the Village Clerk of the complaint and any response thereto. The Corporate Authorities shall consider the allegations of the complaint and response thereto and shall, by majority vote, either dismiss the complaint as being unfounded, or refer the complaint and response to the Ethics Commission for investigation and recommendation. E. Within five (5) business days after receipt of the referral from the Corporate Authorities the Commission shall meet to review the complaint and shall schedule a hearing date on the complaint and any response thereto within thirty (30) calendar days after the date of said meeting. The Commission shall send notice of the hearing date by certified mail, return receipt requested or by a personal delivery service to the complainant and the respondent which notice shall set forth the date, time and place of the hearing. F. Upon setting the hearing date the Commission shall notify in writing the attorney designated by the Corporate Authorities to prosecute such actions and shall transmit to the attorney a copy of the complaint, any response thereto and all additional documents in the custody of the Commission concerning the alleged violation. G. On the scheduled date and upon at least five (5) business days 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 complainant and the respondent shall have the right to engage in discovery, call witnesses and cross examine witnesses. The formal and technical rules of evidence shall not apply at the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by a reasonably prudent person in the conduct of their affairs. H. Within thirty (30) calendar days after the date of the hearing or any recessed hearing is concluded, the Commission shall either (i) dismiss the complaint or (ii) issue its findings and recommendation to the Corporate Authorities. I. The Corporate Authorities, upon receipt and review of the findings and recommendations of the Commission may accept or reject the recommendation of the Commission or may remand the matter to the Commission for further proceedings. If the Corporate Authorities determine that a violation of this Chapter has occurred then they may take the appropriate corrective and /or disciplinary action against the respondent. The Corporate Authorities, as appropriate to the case, may also direct that appropriate administrative or legal proceedings be instituted for the purpose of imposing fines and /or removal of the appointed official or employee from office provided that the Corporate Authorities may not remove an elected officer from office. Any discipline provided for under this Chapter shall comply with any collective bargaining agreement applicable to the respondent. J. A complaint alleging a violation of this Chapter must be filed within one (1) year after the alleged violation. n a 2.49.070 False or Frivolous Complaints Any person who knowing makes a false, misleading or unsubstantiated statement or claim in a complaint is subject to prosecution for perjury or possible civil liability. If after reviewing a complaint and a response thereto, it is determined that the complaint is groundless and appears to have been filed in bad faith or for the purpose of harassment, or that intentionally false or malicious information has been provided then the Village Attorney, at the Corporate Authorities direction, shall refer the matter to the appropriat law enforcement authority for review and possible prosecution. A Village officer who seeks to take civil action regarding any such complaint shall do so at their own expense. III. Amendments; Severability 2.49.080 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. 2.49.090 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 of the 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. IV. Penalties 2.49.100 Penalties A. A person is guilty of a Class A misdemeanor if that person intentionally violates any provision of subsection D. of Section 2.49.010 of this Chapter. B. A person who intentionally violates any provision of Subsection B. of Section 2.49.010 of this Chapter is subject to a fine of at least $1,001 and up to $5,000. C. Any person who intentionally makes a false report alleging a violation of any provision of this Chapter to the Village is guilty of a Class A misdemeanor. D. The Village may levy an administrative fine of up to $5,000 against any person who violates this Chapter, who intentionally obstructs or interferes with an investigation conducted under this Chapter, or who intentionally makes a false, frivolous, or bad faith allegation E. In addition to any other penalty that may apply, whether criminal or civil an officer or employee who intentionally violates any provision of this Chapter is subject to discipline or discharge except that the Corporate Authorities shall not remove an elected officer from office. Section 2. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 — Braiman, Glover, Trilling, Stone Sussman NAYES: 0 — None ABSENT: 1 —Berman PASSED: December 14 2009. APPROVED: December 14 , 2009. PUBLISHED:,, December 14 , 2009. ATTEST: illage Clerk F:\docs\clients\103\1001\ORD\00056537.DOC APPROVED- Village President 6