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This ordinance shall be known as the "Chicago Cable Ethics Ordinance – Construction and Operation of the Cable Communications System".
(Prior code § 113.2-13; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)
Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-284-130 as this § 4-284-120.
B. "City" means the City of Chicago.
C. "City employee" means any employee or official of the city, including any city representative but, unless otherwise specified in this ordinance, shall not include members of boards or commissions whose duties and responsibilities are part-time in nature.
D. "City representative" means the mayor; members of the city council; the commissioner of business affairs and consumer protection; the cable administrator; and all other city employees designated by the cable administrator on the basis of their relevance to cable communications in the City of Chicago.
E. "Communication" means the discussion, presentation or any oral, written or other transmission of information relating in any way to cable communications in the City of Chicago.
F. "Expenditure" means a payment, distribution, loan, advance, deposit, political or campaign contribution or loan or gift of money or anything of value or the conferring of an economic benefit or the incurring of an economic cost, and includes a contract, promise or agreement; whether or not legally enforceable; whether or not made or incurred in the City of Chicago; relating in any way to cable communications in the City of Chicago; "expenditure" includes expenditures by a person's parent corporation, subsidiary, predecessor or other affiliated entity or by any business or professional entity with which an individual is affiliated or associated.
G. "Grantee" means any person granted a cable franchise pursuant to Chapter 4-280 of the Municipal Code or any successor ordinance or provisions of law relating to the same subject matter, and the person's lawful and approved successors, transferees or assignees.
H. "Interest" means any economic interest or relationship, whether by ownership, purchase, sale, lease, contract, option, investment, employment, gift, fee or otherwise; whether present, promised or reasonably expected; whether direct or indirect; whether or not legally enforceable; whether in the person itself or in a parent or subsidiary corporation or in another subsidiary of the same parent. "Interest" shall not include ownership through purchase at fair market value of less than one percent of the shares of a parent subsidiary or other affiliated corporation whose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of 1934. "Interest" shall also not include any interest provided equally to all cable subscribers or to all persons who agree to become cable subscribers or any interest publicly determined by the cable administrator to be so minor that it doesn't reasonably constitute an actual or apparent conflict of interest.
I. "Municipal Code" means the Municipal Code of the City of Chicago.
J. "Ownership interest" means any economic interest or relationship, whether by ownership or investment; whether present, promised or reasonably expected; whether direct or indirect; whether or not legally enforceable; whether in the person itself or in a parent or subsidiary corporation or in another subsidiary of the same parent. "Ownership interest" shall not include ownership through purchase at fair market value of less than one percent of the shares of a parent, subsidiary or other affiliated corporation whose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of 1934. "Ownership interest" shall also not include any interest publicly determined by the cable administrator to be so minor that it doesn't reasonably constitute an actual or apparent conflict of interest.
K. "Person" means an individual, firm, corporation, cooperative, association, trust, partnership, joint venture, combination or other legally recognized entity.
(Prior code § 113.2-14; Added Coun. J. 6-20-84, p. 7810; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-03, p. 13426, § 2.5; Amend Coun. J. 11-13-07, p. 14999, Art. I, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. VIII, § 1; Amend Coun. J. 4-24-12, p. 23998, § 1)
Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-284-130 as § 4-284-120, and renumbered former § 4-284-140 as this § 4-284-130.
A grantee shall not, directly or indirectly, knowingly:
A. Provide, offer, promise, suggest or otherwise communicate the possible provision of an interest to a city representative or a city representative's spouse, child or any other person living in the same household as a city representative;
(Prior code § 113.2-14; Amend Coun. J. 5-16-90, p. 15716; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)
A. On or before January 15th of each year, each grantee shall file with the cable administrator a written statement subscribed under oath before a notary public by the grantee or an authorized officer of the grantee publicly disclosing all information concerning ownership of the grantee as requested in the city's request for proposals on forms provided by the cable administrator. Such ownership information shall include disclosure of any ownership interest that is held by an agent or nominee.
B. Each grantee shall promptly make disclosure consistent with the provisions and intent of this ordinance regarding changes of ownership and interests on forms provided by the cable administrator.
C. Nothing herein shall be construed to prevent the cable administrator from requiring disclosure of information in addition to that needed to comply with the terms of this ordinance.
(Prior code § 113.2-16; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)
A. No city representative or a city representative's spouse, child or any other person living in the same household as a city representative shall have an interest in a grantee.
B. No city representative or a city representative's spouse, child or any other person living in the same household as a city representative shall directly or indirectly:
1. Solicit or accept an interest in, expenditure from or any other thing of value or transaction conferring an economic benefit from a grantee, except as provided for in section 2-156-445 of the Municipal Code;
2. Solicit, request from or recommend to any grantee the appointment of any person to a place or position or the provision of an interest, expenditure or any other thing of value or transaction conferring an economic benefit to any person.
(Prior code 113.2-17; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)
No city employee or a city employee's spouse, child or any other person living in the same household as a city employee shall have an ownership interest in a grantee.
(Prior code 113.2-18; Amend Coun. J. 12-9-92, p. 25465)
A. As statements and reports are filed in his or her office pursuant to this chapter, the cable administrator shall keep a record of such filings. Any person who files a statement or report under this chapter and who requests, in writing or by email, a receipt from the cable administrator is entitled to receive from the cable administrator a receipt indicating that he or she has filed such a statement or report and the date of such filing.
B. All statements, reports, logs, listings and other documents filed pursuant to this chapter shall be available for examination and copying pursuant to the Illinois Freedom of Information Act, as amended.
C. Upon request, the cable administrator shall promptly notify each person required to file a statement or report under this chapter of all instances of examination thereof by sending duplicate copies of the identification forms filled out by persons examining his or her statements or reports.
D. The cable administrator shall update the list of city representatives when necessary and make available said list to all grantees upon written or e-mailed request.
E. The cable administrator shall notify the mayor and city council of any verified violations of this ordinance.
(Prior code § 113.2-20; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-17-10, p. 106597, Art. VIII, § 1; Amend Coun. J. 4-24-12, p. 23998, § 1)
B. When an ownership interest in a grantee is acquired or otherwise held by a person who within 18 months prior to obtaining such ownership interest, was a city representative or a city representative's spouse, child or any other person living in the same household as a city representative, any franchise held by said grantee shall be voidable at the option of the city council.
C. Any person who knowingly violates any provisions of this chapter shall be subject to a fine not to exceed $500.00 for each offense. Each day of violation shall constitute a separate offense.
(Prior code § 113.2-21; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-17-10, p. 106597, Art. VIII, § 1; Amend Coun. J. 4-24-12, p. 23998, § 1)
Editor's note – Coun. J. 4-24-12, p. 23998, § 1, repealed former § 4-284-190, and renumbered former § 4-284-210 as this § 4-284-190.