1999-056ORDINANCE NO. 99- 56
is
AN ORDINANCE OF THE VILLAGE OF
BUFFALO GROVE PROHIBITING THE SOLICITATION AND
ACCEPTANCE OF GIFTS AND ADOPTING THE
STATE GIFT BAN ACT (5 ILCS 425/1 et seq.; P.A. 90 -737)
WHEREAS, the General Assembly has enacted the 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 Buffalo Grove 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 legislative response will not
be provided prior to the deadline imposed by Section 83; and
WHEREAS, the corporate authorities of the Village of Buffalo Grove, in an effort to
comply with the action required by Section 83, hereby pass and approve this Ordinance to bring
the Village of Buffalo Grove in compliance with the dictates of the Act; and
WHEREAS,the corporate authorities of the Village of Buffalo Grove strongly encourage
the General Assembly to take immediate action to clarify the procedural and substantive provisions
of 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 BUFFALO GROVE, ILLINOIS, AS FOLLOWS:
SECTION 1. Chapter 2.49 is added to the Buffalo Grove Municipal Code, to read as
follows:
o •
Chapter 2.49
State Gift Ban Act
Section 2.49.010 Adoption of Act.
A. The 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.
Section 2.49.020 Ethics Officer.
To the extent authorized by law and to the extent required by Section 35 of the Act (5 ILCS
425/35), the Village Clerk is appointed to serve as the "ethics officer" of the Village. The ethics
officer's duties shall be as provided in Section 35.
Section 2.49.030 State Legislative Ethics Commission: Complaints.
All complaints for violations of the Act and this Chapter shall be filed with the State
legislative ethics commission (created by Section 45(a)(6) of the Act).
Section 2.49.040 Existing Ethics Ordinance or Gift Ban Ordinance,
This Chapter does not repeal or otherwise amend or modify Chapter 2.48 of the Village
Code, which regulates the conduct of Village officials and employees. To the extent that Chapter
2.48 is less restrictive than the State Gift Ban Act and this Chapter, then the provisions of this
Chapter shall prevail in accordance with the provisions of Section 95 of the Act (5 ILCS 425/95).
Section 2.49.050 Future Amendments to the State Gift Ban Act.
Any amendment to the State Gift Ban Act (5 ILCS 452/1 et seq.) that becomes effective
after the enactment of this Chapter shall be incorporated into this Chapter 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 Chapter by
reference without formal action by the corporate authorities of the Village.
Section 2.49.060 Future Declaration of Unconstitutionality of State Gift Ban Act.
A. If the Illinois Supreme Court declares the State Gift Ban Act (5 ILCS 425/ 1 et seq.)
unconstitutional in its entirety, then this Chapter shall be repealed as of the date that the Supreme
N
o •
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 State Gift Ban Act (5 ILCS 425/1
Lt se=c .) 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. This Ordinance shall be in effect upon its passage, approval, and publication
as provided by law. This Ordinance may be published in pamphlet form.
AYES: 6 - Marienthal, Reid, Braiman,.Hendricks, Glover, Berman
NAYES: 0 - None
ABSENT: 0 - None
PASSED: June 21 ,1999.
APPROVED: June 21 ,1999.
PUBLISHED:
ATTEST:
`/� x e /y7
Vi ge Clerk
C:\OFFICE\WPWIN\WPDOCS\5\18\99\LCTWO.WPD
,1999.
iot Hartstein, Village President
e
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. —�—= -�
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GRO
THIS _DAY OF 19��
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake Counties, 111' is,
this �_ day of 19
Village Clerk
By_ O�
eputy Village Clerk
ORDINANCE NO. 99- 5 6
AN ORDINANCE OF THE VILLAGE OF
BUFFALO GROVE PROHIBITING THE SOLICITATION AND
ACCEPTANCE OF GIFTS AND ADOPTING THE
STATE GIFT BAN ACT (5 ILCS 425/1 et sec .; P.A. 90 -737)
WHEREAS, the General Assembly has enacted the State Gift Ban Act (P.A. 90 -737;
House Bill 672; 5 ILCS 425/1 et se.), 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 solicitati6n 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 Buffalo Grove 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 legislative response will not
be provided prior to the deadline imposed by Section 83; and
WHEREAS, the corporate authorities of the Village of Buffalo Grove, in an effort to
comply with the action required by Section 83, hereby pass and approve this Ordinance to bring
the Village of Buffalo Grove in compliance with the dictates of the Act; and
WHEREAS,the corporate authorities of the Village of Buffalo Grove strongly encourage
the General Assembly to take immediate action to clarify the procedural and substantive provisions
of 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 BUFFALO GROVE, ILLINOIS, AS FOLLOWS:
SECTION 1. Chapter 2.49 is added to the Buffalo Grove Municipal Code, to read as
follows:
Chapter 2.49
State Gift Ban Act
Section 2.49.010 Adoption of Act.
A. The State Gift Ban Act (5 ILCS 425 et sew.) 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.
Section 2.49.020 Ethics Officer.
To the extent authorized by law and to the extent required by Section 35 of the Act (5 ILCS
425/35), the Village Clerk is appointed to serve as the "ethics officer" of the Village. The ethics
officer's duties shall be as provided in Section 35.
Section 2.49.030 State Legislative Ethics Commission: Complaints
All complaints for violations of the Act and this Chapter shall be filed with the State
legislative ethics commission (created by Section 45(a)(6) of the Act).
Section 2.49.040 Existing Ethics Ordinance or Gift Ban Ordinance
This Chapter does not repeal or otherwise amend or modify Chapter 2.48 of the Village
Code, which regulates the conduct of Village officials and employees. To the extent that Chapter
2.48 is less restrictive than the State Gift Ban Act and this Chapter, then the provisions of this
Chapter shall prevail in accordance with the provisions of Section 95 of the Act (5 ILCS 425/95).
Section 2.49.050 Future Amendments to the State Gift Ban Act
Any amendment to the State Gift Ban Act (5 ILCS 452/1 et seq.) that becomes effective
after the enactment of this Chapter shall be incorporated into this Chapter 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 Chapter by
reference without formal action by the corporate authorities of the Village.
Section 2.49.060 Future Declaration of Unconstitutionality of State Gift Ban Act,
A. If the Illinois Supreme Court declares the State Gift Ban Act (5 ILCS 425/ 1 et seq.)
unconstitutional in its entirety, then this Chapter shall be repealed as of the date that the Supreme
2
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 State Gift Ban Act (5 ILCS 425/1
et Leg.) 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. This Ordinance shall be in effect upon its passage, approval, and publication
as provided by law. This Ordinance may be published in pamphlet form.
AYES: 6 - Marienthal, Reid, Braiman, Hendricks, Glover, Berman
NAYES: 0 - None
ABSENT: 0 - None
PASSED: June 21 ,1999.
APPROVED: June 21 ,1999.
PUBLISHED:
ATTEST:
Vi age Clerk
3
C:\OFFICE\WPWIN\WPDOCS\5\18\99\LCTWO.WPD
,1999.
riot Hartstein, Village President