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(a) For the purposes of this section:
(1) “Public body” means: (i) any office or department of the city; (ii) the state or federal government; (iii) any local law enforcement agency or prosecutorial office; (iv) any federal or state judiciary, grand or petit jury, or law enforcement agency; and (v) any official, employee, department, agency, or other division of any of the foregoing.
(2) “Retaliatory action” means: (i) the reprimand, discharge, suspension, demotion, or denial of promotion or transfer of any employee that is taken in retaliation for an employee's involvement in protected activity as set forth in subsection (b) of this section; or (ii) the denial or revocation of any city permit, license, certification, loan, grant, tax credit or other financial subsidy, the denial of any city service, or the denial of employment with the city for which a person is qualified, that is made in retaliation for that person having engaged in a protected activity as set forth in subsection (b) of this section.
(b) No person shall take any retaliatory action against an employee or any other person because the employee or the person does any of the following:
(1) Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice of any official, employee, or city contractor that the employee or any other person reasonably believes evidences: (i) an unlawful use of city funds or city funding for actions performed by or on behalf of the city, unlawful use of official authority, or other unlawful official conduct that poses a substantial and specific danger to public health or safety by any official, employee or city contractor; or (ii) any other violation of a law, rule, or regulation by any official, employee, or city contractor that relates to their work performed for, or on behalf of, the city; or
(2) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any official activity, policy, or practice described in subsection (b)(1).
(c) if any retaliatory action, as defined in subsection (a)(2)(i), is taken against an employee in violation of this section, the employee shall be entitled to the following relief, if applicable:
(1) reinstatement of the employee to either the same position held before the retaliatory action or to an equivalent position;
(2) two times the amount of back pay; and
(3) reinstatement of full fringe benefits and seniority rights.
(d) If any retaliatory action, as defined in subsection (a)(2)(ii), is taken against any person in violation of this section, the person shall be entitled to the following relief, if applicable:
(1) Reconsideration of a city permit, license, certification, loan, grant, tax credit, other financial subsidy, or city service denied or revoked as a result of the violation, to the extent such reconsideration is practically possible and funds are available.
(2) Reconsideration of a job application rejected as a result of the violation, to the extent such reconsideration is practically possible and such job position is not yet filled.
(3) Actual damages proved to be directly and specifically caused by, and that would not have occurred but for, the retaliatory action, but in no case shall such actual damages include claimed lost profits.
(e) (1) It shall be a prerequisite to the bringing of an action against the city for relief under paragraph (d) of this section that the person seeking relief first provide written notice to the head of the city department or agency involved in an alleged retaliatory action and to the corporation counsel within 30 days of the person's awareness of facts giving rise to the claim of retaliatory action. The purpose of this notice requirement is to allow such department or agency a timely opportunity to recognize, correct and/or minimize any harm resulting from any retaliatory action. The notice shall specify in detail the facts and circumstances that constitute the alleged retaliatory action. Upon receiving this notice, the head of such department or agency shall investigate the allegations and take all necessary and appropriate actions to remedy any retaliatory action.
(2) Any action for relief under paragraph (d) of this section may only be brought against the City of Chicago, and must be brought within six months of the alleged retaliatory action for which relief is sought.
(f) The remedies set forth in paragraphs (c) and (d) of this section shall be the sole and exclusive remedies for any violations of this section.
(Added Coun. J. 7-25-12, p. 31123, § 1; Amend Coun. J. 10-3-12, p. 35125, § 1)
Part 2. Conflicts of Interest and Improper Influence (2-156-030 et seq.)
(a) No official or employee shall make, participate in making or in any way attempt to use his position to influence any city governmental decision or action in which he knows or has reason to know that he has any financial interest distinguishable from its effect on the public generally, or from which he has derived any income or compensation during the preceding twelve months or from which he reasonably expects to derive any income or compensation in the following twelve months.
(b) No elected official, or any person acting at the direction of such official, shall contact either orally or in writing any other city official or employee with respect to any matter involving any person with whom the elected official has any business relationship that creates a financial interest on the part of the official, or the domestic partner or spouse of the official, or from whom or which he has derived any income or compensation during the preceding twelve months or from whom or which he reasonably expects to derive any income or compensation in the following twelve months. In addition, no elected official may participate in any discussion in any city council committee hearing or in any city council meeting or vote on any matter involving the person with whom the elected official has any business relationship that creates a financial interest on the part of the official, or the domestic partner or spouse of the official, or from whom or which he has derived any income or compensation during the preceding twelve months or from whom or which he reasonably expects to derive any income or compensation in the following twelve months.
(Prior code § 26.2-3; Added Coun. J. 5-16-90, p. 16204; Amend Coun. J. 12-2-98, p. 86542; Amend Coun. J. 7-25-12, p. 31123, § 1)
No official or employee shall engage in or permit the unauthorized use of any real or personal property owned or leased by the city for city business.
(Prior code § 26.2-6; Added Coun. J. 5-16-90, p. 16204; Amend Coun. J. 7-29-15, p. 3567, § 1)
(a) Except as otherwise provided in subsection (b) or (c) of this section, no current or former official or employee, including any current or former official or employee of the board or the inspector general, shall use or disclose, other than in the performance of his official duties and responsibilities, or as may be required by law, confidential information or any non-public information, including the identity of the subject of an investigation, gained in the course of an investigation or by reason of his position or employment.
(b) If any person requests the opinion of the board regarding past or ongoing conduct, and if the board determines, pursuant to its rules, that the conduct involves a minor violation of this chapter, the board may issue such person a letter of warning or admonition for the first such violation. However, if the board determines, pursuant to its rules, that the conduct involves a violation of this chapter which is not a minor violation or that the conduct involves a subsequent violation of the same conduct for which the person has been issued a letter of warning or admonition, the board shall advise such person to stop the conduct and inform the person of this subsection's timeline for self-reporting. Such person may, if the person wishes, self-report the violation to the inspector general within 14 days. If the board finds that the person did not self- report the violation within 14 days, the board shall provide the person's name, the violation reported, and all related information the board deems relevant, to the inspector general. Except for purposes of investigations for subsequent violations of the same conduct, a letter of warning or admonition issued to a subject pursuant to this section shall be kept confidential. This subsection applies to conduct that occurred or is occurring on or after July 1, 2013.
(c) Any person may use an advisory opinion issued by the board regarding such person's future conduct as evidence supporting the person's position or as otherwise appropriate in any investigation or disciplinary proceeding. Once the person uses the board's opinion in accordance with this subsection, the board, if requested in writing citing this subsection by the person or one of the entities referred to in this subsection, shall disclose all confidential or non-public information related to the advisory opinion that does not compromise a third party's confidentiality to the inspector general or any city department or agency conducting the investigation or disciplinary proceeding.
(Prior code § 26.2-7; Added Coun. J. 5-16-90, p. 16204; Amend Coun. J. 2-13-13, p. 46730, § 1; Amend Coun. J. 7-29-15, p. 3567, § 1; Amend Coun. J. 2-10-16, p. 19348, § 3)
(a) No official or employee shall make or participate in the making of any governmental decision with respect to any matter in which he has any financial interest distinguishable from that of the general public, or from which he has derived any income or compensation during the preceding twelve months or from which he reasonably expects to derive any income or compensation in the following twelve months.
(b) (1) With regard to any matter pending before the city council or any council committee, any member of the city council who has any financial interest that is either (1) distinguishable from that of the general public or all aldermen, or (2) from which he or she has derived any income or compensation during the preceding twelve months or from which he or she reasonably expects to derive any income or compensation in the following twelve months shall publicly disclose the nature and extent of such interest on the records of proceedings of the city council, and shall also notify the board of ethics of such interest within 96 hours of delivery by the clerk to the member, of the introduction of any ordinance, resolution, order or other matter in the city council, or as soon thereafter as the member is or should be aware of such potential conflict of interest. The board of ethics shall make such disclosures available for public inspection and copying immediately upon receipt. He or she shall abstain from voting on the matter but shall be counted present for purposes of a quorum. The obligation to report a potential conflict of interest under this subsection arises as soon as the member of the city council is or should be aware of such potential conflict.
(2) To avoid even an appearance of impropriety, any member of the city council who has any business relationship with a person or entity with a matter pending before the city council or any council committee: (1) that creates a financial interest on the part of such member, or the domestic partner or spouse of such member, or (2) from whom or which he or she has derived any income or compensation during the preceding twelve months or from whom or which he or she reasonably expects to derive any income or compensation in the following twelve months, shall publicly disclose the nature of such business relationship or income or compensation on the records of proceedings of the city council, and shall also notify the board of ethics of such relationship within 96 hours of delivery by the clerk to the member, of the introduction of any ordinance, resolution, order or other matter in the city council, or as soon thereafter as the member is or should be aware of such potential conflict of interest. The board of ethics shall make such disclosures available for public inspection and copying immediately upon receipt. He shall abstain from voting on the matter but shall be counted present for purposes of a quorum. The obligation to report a potential conflict of interest under this subsection arises as soon as the member of the city council is or should be aware of such potential conflict. For purposes of this subsection (2) only: “matter pending before the city council or any council committee” shall refer to council action involving the award of loan funds, grant funds or bond proceeds, bond inducement ordinances, leases, land sales, zoning matters, the creation of tax increment financing districts, concession agreements or the establishment of a Class 6(b) Cook County property tax classification.
(c) Any official or employee who has a financial interest in any matter pending before any city agency shall disclose the nature of such interest to the board of ethics and, if the matter is pending in his own agency, to the head of the agency, except as provided by subsection (b). The obligation to report under this subsection arises as soon as the official or employee is or should be aware of the pendency of the matter. This subsection does not apply to applications for health, disability or workers' compensation benefits.
(Prior code § 26.2-8; Added Coun. J. 5-16-90, p. 16204; Amend Coun. J. 7-30-97, p. 50892; Amend Coun. J. 12-10-97, p. 58942; Amend Coun. J. 4-29-98, p. 66709; Amend Coun. J. 12-2-98, p. 86542; Amend Coun. J. 6-23-04, p. 26935, § 4; Amend Coun. J. 7-25-12, p. 31123, § 1; Amend Coun. J. 11-26-13, p. 67481, Art. II, § 5)
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