(A) The statement set forth in the preambles to this section are found to be true and correct and are incorporated by reference into this section as if set forth in full.
(B) A village employee shall not perform any work for any monetary or other consideration, whatsoever, directly or indirectly:
(1) At any location within the village;
(2) For any village resident;
(3) For any village property owner;
(4) For any owner of any business located within the village;
(5) For any business located within the village; and/or
(6) For any person or entity which holds a license issued by the village.
(C) A village employee shall not provide any service, good and/or material for any monetary or other consideration, whatsoever, directly or indirectly, to and/or for:
(1) Any location within the village;
(2) Any village resident;
(3) Any village property owner;
(4) Any owner of any business located within the village;
(5) Any business located within the village; and/or
(6) Any person or entity which holds a license issued by the village.
(D) A village employee shall not have a direct or indirect ownership interest in any business, association, joint venture, corporation, partnership, organization and/or other entity which performs any work for any monetary or other consideration, whatsoever, directly or indirectly:
(1) At any location within the village;
(2) For any village resident;
(3) For any village property owner;
(4) For any owner of any business located within the village;
(5) For any business located within the village; and/or
(6) For any person or entity which holds a license issued by the village.
(E) A village employee shall not have a direct or indirect ownership interest in any business, association, joint venture, corporation, partnership, organization and/or other entity which provides any service, good and/or material for any monetary or other consideration, whatsoever, directly or indirectly, to and/or for:
(1) Any location within the village;
(2) Any village resident;
(3) Any village property owner;
(4) Any owner of any business located within the village;
(5) Any business located within the village; and/or
(6) Any person or entity which holds a license issued by the village.
(F) (1) For purposes of this section, a village employee shall be considered to have a direct or indirect ownership interest in a business, association, joint venture, corporation, partnership, organization and/or other entity if the employee, the employee's spouse, and/or any of the employee's children who reside in the employee's household own more than 5% of the business, association, joint venture, corporation, partnership, organization and/or other entity.
(2) Notwithstanding the provisions of division (B), a village employee shall not be considered to have a direct or indirect ownership interest in a business, association, joint venture, corporation, partnership, organization and/or other entity if the employee, the employee's spouse, and/or any of the employee's children who reside in the employee's household hold such an interest through a mutual or similar fund; and/or in an entity which is publicly traded on a nationally recognized securities market.
(G) This section shall apply to all full-time and part-time village employees. It shall not apply to the following circumstances:
(1) Any work performed and/or service, good and/or material provided by a village employee in the ordinary and customary course and within the ordinary and customary scope of his or her employment by the village; or
(2) Any security functions performed by a village police officer:
(a) At a commercial business which is required by village ordinance to have a village police officer or the equivalent on the premises; and
(b) When those security functions are performed by the village police while he or she in not on duty with the village's Police Department.
(H) An elected village official shall not be considered to be a village employee for purposes of this section.
(I) The village's Mayor shall take all action necessary to terminate any village employee who violates any provision of this section, including, without limitation, provision of any notices and/or reports required by law or contract for termination and/or the commencement and prosecution of any proceedings required by law or contract for the termination; provided that this section shall not be construed:
(1) To provide any village employee with any rights or powers other than those rights or powers provided to the employee by other applicable legal requirements promulgated by the village or contracts to which the village is a party; and
(2) To create any new rights or powers for any village employee.
(J) In the event of a conflict between any provision of this section and any provision of any collective bargaining agreement or other contract to which the village is a party, the provision of the collective bargaining agreement or other contract shall control solely to the extent of the conflict. In the event of a conflict between any provision of this section and any provision of any other village ordinance, resolution, motion, rule, custom, policy or other legal requirement promulgated by the village (except any provision of a collective bargaining agreement or contract to which the village is a party), the provision of this section shall control solely to the extent of the conflict.
(K) If any provision of this section is held to be invalid by a court of competent jurisdiction, that provision of this section shall be stricken from this section and the remainder of this section shall continue in full force and effect to the extent possible. The title to this section is provided for convenience only and shall not be used in construing the provisions of this section. This section shall be in full force and effect from and after its passage, approval and adoption and publication as provided by law.
(Ord. 06-905, passed 2-23-2006)