CHAPTER 11 CODE OF ETHICS

A. The proper operation of democratic government requires that public officials and employees be independent, impartial and responsive to the people they serve; government decisions and policy be made in the proper channels of the governmental structure; public office not be used for personal gain or to advance the interests of family or relatives; and the public have confidence in the integrity of its government. In recognition of such goals, there is established a code of ethics for all village public officials, whether elected or appointed, paid or unpaid, and for village employees. The purposes of this code of ethics are to establish ethical standards of conduct for all such public officials and public employees by setting forth the acts or actions which are incompatible with the best interests of the village and its inhabitants and by requiring disclosure by public officials and public employees of private financial or other interests in matters affecting the village.

B. This code of ethics is founded upon the principle that no individual shall receive any impermissible financial or other gain by reason of their serving as a public official or public employee of the village, and that no private person or taxpayer, including public officials or public employees, or their family members, should receive any benefits from village action beyond that which is available to any other private person or taxpayer due to their relation to or as a result of privileged information or support provided by any public official or public employee.

C. It is the legislative intent of the corporate authorities for this chapter to be liberally construed to accomplish the policy and purposes herein expressed to the greatest extent permitted by law. (Ord. 09-04-10, 4-20-2009)

1-11-2: DEFINITIONS:

The following words, terms and phrases, when used in this code of ethics, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

BUSINESS ENTITY: Any business, proprietorship, firm, partnership, person in a representative or fiduciary capacity, association, venture, trust or corporation.

CAMPAIGN FOR ELECTIVE OFFICE: 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:

A. Relating to the support or opposition of any executive, legislative, or administrative action,

B. Relating to collective bargaining, or

C. That are otherwise in furtherance of the person's official duties.

CANDIDATE: 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 10 Illinois Compiled Statutes 5/1-3.

COLLECTIVE BARGAINING: Has the same meaning as that term is defined in the Illinois public labor relations act, 5 Illinois Compiled Statutes 315/3.

COMPENSATED TIME: 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 chapter, 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 or public 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: 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.

CONTRIBUTION: Has the same meaning as that term is defined in 10 Illinois Compiled Statutes 5/9-1.4.

DOING BUSINESS: Engaging in an activity for profit or gain, or that requires a license or permit by an agency.

EMPLOYER: The village of Antioch.

FAMILY MEMBER: A spouse, children and grandchildren, and their spouses, parents and the parents of a spouse, and brothers and sisters and their spouses. All relations which arise by action of law or marriage shall be included within the meaning of family member, including step relatives, adoptees and half siblings. For the purpose of this chapter the word spouse shall include a life partner.

GIFT: 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 given without consideration or expectation of return.

INTEREST: Any material direct or indirect benefit accruing to a public official or employee, or their family members, whether in the public official's or employee's own name, or the name of any person, from which the official or employee is entitled to receive any financial benefit as a result of a contract or transaction which is or which is known will become the subject of an official act or action by or with the village, except for such contracts or transactions which, by their terms and the substance of their provisions, confer the opportunity and right to realize the accrual of similar benefits to all other citizens of the village. Notwithstanding anything to the contrary, any interest permitted or prohibited under 65 Illinois Compiled Statutes 5/3.1-55-10 shall be permitted or prohibited under the same circumstances and conditions as therein set forth.

INTEREST IN REAL PROPERTY: Includes, but is not limited to, the following:

A. Legal or equitable title;

B. A beneficial interest in any trust, including a land trust;

C. Any assignment of any interest from a beneficiary or any other party of an interest;

D. A power to direct conveyance;

E. A right to receive rents or proceeds from property;

F. The obligation to pay rent;

G. A lien;

H. A tax sale certificate;

I. An option; or

J. Any other financial interest, real or personal, direct or indirect, in such property, including status as a nominee or undisclosed principal.

INTERGOVERNMENTAL GIFT: Any gift given to a public official or public employee by a public official or public employee of another governmental entity.

INTRAGOVERNMENTAL GIFT: Any gift given to a public official or public employee from another public official or public employee.

LEAVE OF ABSENCE: Any period during which an employee does not receive:

A. Compensation for employment,

B. Service credit towards pension benefits, and

C. Health insurance benefits paid for by the employer.

LOBBYIST: Any person:

A. Who, for compensation or on behalf of any person other than himself, undertakes to influence any legislative or administrative action; or

B. Any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.

OFFICIAL ACT OR ACTION: Any legislative, administrative, appointive or discretionary act of any public official or public employee of the village, or any agency, board, committee or commission thereof.

OFFICIAL VILLAGE BUSINESS: Attendance at ribbon cutting ceremonies, business receptions, business and restaurant openings, community events, fundraising events, other public events and/or appearances or ceremonies and the like.

PERSON: Any individual, entity, corporation, proprietorship, partnership, joint venture, firm, association, trade union, syndicate, committee, trust, estate or group, as well as any parent or subsidiary of any of such entities, whether or not operated for profit, doing business with or participating in a transaction with or before the village or any commission or agency thereof.

POLITICAL ACTIVITY: Any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities:

A. Relating to the support or opposition of any executive, legislative, or administrative action;

B. Relating to collective bargaining; or

C. That are otherwise in furtherance of the person's official duties.

POLITICAL ORGANIZATION: 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 Illinois Compiled Statutes 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: A. Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event;

B. 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;

C. Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution;

D. 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;

E. 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;

F. 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;

G. 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;

H. Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question;

I. Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office;

J. Preparing or reviewing responses to candidate questionnaires;

K. 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 question;

L. Campaigning for any elective office or for or against any referendum question;

M. Managing or working on a campaign for elective office or for or against any referendum question;

N. Serving as a delegate, alternate, or proxy to a political party convention; or

O. Participating in any recount or challenge to the outcome of any election.

PUBLIC EMPLOYEE: Any person who is employed by the village, whether on a full or part time basis or pursuant to contract, who is compensated for services as an employee and not as an independent contractor and who:

A. Is, or functions as, the head of a department, division, bureau, authority or other administrative unit within the village or exercises similar authority within the village;

B. Has direct supervisory authority over or direct responsibility for the formulation, negotiation, issuance or execution of contracts entered into by the village;

C. Has authority to approve licenses and permits to be issued by the village, not including inspectors and plan reviewers;

D. Adjudicates, arbitrates or decides any judicial or administrative proceeding, or reviews the adjudication, arbitration or decision of any judicial or administrative proceeding within the authority of the village; or

E. Has authority to issue or promulgate rules and regulations within areas under the authority of the village.

Acts of any family member of a public official or public employee, when done with the knowledge and express, implied or tacit consent of the public official or public employee, shall be deemed to be acts of such official or public employee for purposes of applying the prohibitions and restrictions of this code of ethics.

PUBLIC OFFICIAL: Any person elected or appointed to the village board or persons appointed to any other village board, including, but not limited to, the zoning board of appeals, plan commission or appearance commission, whether paid or unpaid.

TRANSACTION: Any matter upon which a public official or public employee performs an official act or action including, but not limited to, contracts, work or business with the village, the sale or purchase of real estate by the village and any requests for zoning amendments, variations, planned development approval or special permits pending before the village. (Ord. 09-04-10, 4-20-2009)

1-11-3: FIDUCIARY DUTY:

Public officials and public employees, at all times in the performance of their public duties, owe a fiduciary duty to the village and the citizens thereof. (Ord. 09-04-10, 4-20-2009)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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