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(a) Persons required to file pledge. The following persons shall comply with the requirements of this section:
(1) Any person who serves as (i) a non- clerical employee of the Office of the Mayor, or (ii) a department head; and
(2) Any employee who holds an exempt position, as defined in Section 2-156-010, in a City department, board or agency on or after May 16, 2011, other than a person described in item (1) of this subsection (a); and
(3) Any person who is appointed by the Mayor to the board of any board, commission, authority or agency, on or after May 16, 2011.
(b) Contents of pledge. As a condition of employment or appointment, any person meeting the requirements of subsection (a) of this section shall comply with all applicable requirements set forth in Section 2-156-105, and shall sign, and upon signing shall be contractually committed to, the following pledge:
“As a condition, and in consideration, of my employment or appointment by the City of Chicago in a position invested with the public trust, I shall, upon leaving government employment or appointment, comply with the applicable requirements of Section 2-156-105 of the Chicago Municipal Code imposing restrictions upon lobbying by former government employees, which I understand are binding on me and are enforceable under law.
I acknowledge that Section 2-156-105 of the Chicago Municipal Code, which I have read before signing this pledge, imposes restrictions upon former government employees and appointees and sets forth the methods for enforcing them. I expressly accept the applicable provisions of Section 2-156-105 of the Chicago Municipal Code as part of this agreement and as binding on me. I understand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of government service.”
(c) Deadline for filing. Any person required to sign a pledge under this section shall file such pledge with the Board of Ethics within 14 days of commencing employment or appointment.
(d) Enforcement. The contractual, fiduciary and ethical commitments in the pledge required under this section shall be solely enforceable by the City of Chicago pursuant to this section by any legally available means, including judicial civil proceedings for declaratory, injunctive or monetary relief. Any former employee or appointee who is determined, after notice and hearing, by the board of ethics to have violated the pledge required under this section may be barred from lobbying any officer or employee of the relevant agency or agencies for up to 5 years in addition to the time period covered by the pledge. The corporation counsel or his or her designee is authorized: (1) upon receiving information regarding the possible breach of any commitment in a signed pledge, to request any appropriate City investigative authority to conduct such investigations as may be appropriate; and (2) upon determining that there is a reasonable basis to believe that a breach of a commitment has occurred or will occur or continue, if not enjoined, to commence a civil action against the former employee or appointee. In any such civil action, the corporation counsel or his or her designee is authorized to request any and all relief authorized by law, including but not limited to: (i) such temporary restraining orders and preliminary and permanent injunctions as may be appropriate to restrain future, recurring, or continuing conduct by the former employee or appointee in breach of the commitments in the pledge he or she signed; and (ii) disgorgement of all monies received in connection with any breach or attempted breach of the pledge signed by the former employee or appointee.
(e) Disclaimer. This section is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the City of Chicago, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(Added Coun. J. 7-28-11, p. 4941, § 2)