(A) The State Gift Ban Act (ILCS Ch. 5, Act 430, §§ 10-10 et seq.) is hereby adopted pursuant to state law.
(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.
(C) To the extent authorized by law, the Mayor is appointed to serve as the "Ethics Officer" of the Village of Calumet Park. The Ethics Officer's duties shall be as provided in state law.
(D) Commission; complaints:
(1) To the extent authorized by law and to the extent required by the Act, the Mayor shall appoint no fewer than three, and no more than five persons to a Local Ethics Commission with the advice and consent of the Village of Trustees;
(2) The Local Ethics Commission shall have the power and duties set forth in state law;
(3) To the extent that any of its provisions may be applicable, state law shall be applicable to the Local Ethics Commission; and
(4) The complaint procedure and the enforcement and penalty provisions of the Act and this section shall be as state law.
(E) Future amendments to State Gift Ban Act. Any amendment to the State Gift Ban Act (ILCS Ch. 5, Act 430 §§ 10-10 et seq.) that becomes effective after the passage of this section shall be incorporated into this section 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 section by reference without formal action by the corporate authorities of the Village of Calumet Park.
(F) Future declaration of unconstitutionatjty of State Gift Ban Act.
(1) If the Illinois Supreme Court declares the State Gift Ban Act (ILCS Ch. 5, Act 430, §§ 10-10 et seq.) unconstitutional in its entirety, then this section shall be repealed as of the date that the Supreme Court's decision becomes final and not subject to any further appeals or rehearings. The ordinance shall be deemed repealed without further action by the corporate authorities of the Village of Calumet Park if the Act is found unconstitutional by the Illinois Supreme Court.
(2) If the Illinois Supreme Court declares part of the Gift Ban Act (ILCS Ch. 5, Act 430, §§ 10-10 et seq.) 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 section shall remain in full force and effect; however, that part of this section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the Village of Calumet Park.
(G) In addition:
(1) The regulations of ILCS Ch. 5, Act 430, §§ 5-15 and Article 10 (ILCS Ch. 5, Act 430, §§ 10-10 through 10-40) of the State Officials and Employees Ethics Act, ILCS Ch. 5, Act 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 ILCS Ch. 5, Act 430, § 70-5;
(2) 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;
(3) 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;
(4) The participation in political activities prohibited under the Act, by any officer or employee of the village, is hereby prohibited;
(5) For purposes of this section, the terms
OFFICER and EMPLOYEE shall be defined as set forth in ILCS Ch. 5, Act 430, § 70-5(c);
(6) For penalties for violations of this Section shall be the same as those penalties set forth in ILCS Ch. 5, Act 430, § 50-5 for similar violations of the Act;
(7) This section does not appeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of village officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this section, however, the provisions of this section shall prevail in accordance with the provisions of ILCS Ch. 5, Act 430, § 70-5(a);
(8) Any amendment to the Act that becomes effective after the effective date of this section shall be incorporated into this section be 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 section by reference without formal action by the corporate authorities of the village;
(9) If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this section 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 section 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; and
(10) 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 section shall remain in full force and effect; however, that part of this section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the village.
(Ord. 99-725, passed 6-10-1999; Ord. 04-849, passed 5-13-2004)