Except as hereinafter provided, no public servant, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, either direct or indirect, which is incompatible with the proper discharge of his or her official duties in the public interest or would tend to impair his or her independence of judgment or action in the performance of his or her official duties.
Prohibited conflicts of interest shall include, but not be limited to, the following:
(A) Interest in contract transaction, zoning decision, or other matter. No public servant having the power or duty to perform an official act or action related to a contract, transaction, zoning decision, or other matter which is or may be the subject of an official act or action of the city, shall:
(1) Have or thereafter acquire an interest in such contract, transaction, zoning decision, or other matter, except as otherwise stated in this subchapter; or
(2) Have an interest in any business entity representing, advising, or appearing on behalf of, whether paid or unpaid, any person involved in such contract, transaction, zoning decision, or other matter, except as otherwise stated in this subchapter; or
(3) Have solicited or accepted present or future employment with a person or business entity involved in such contract, transaction, zoning decision, or other matter, at the time of the city's action on the contract, transaction, zoning decision, or other matter; or
(4) Have solicited, accepted, or granted a present or future gift, favor, service, or thing of value from or to a person involved in such contract, transaction, zoning decision, or other matter; or
(5) Have encouraged, made, or accepted any ex parte or unilateral application or communication where a determination is to be made after a contested public hearing and such public servant refuses to make the contents of the communication a part of the record.
(B) Property. No officer of the city shall be interested, directly or indirectly, in the purchase of any property that:
(1) Belongs to the city;
(2) Is sold for taxes or assessments; or
(3) Is sold by virtue of legal process at the suit of the city.
(C) Pre-acquisition of interest. No public servant shall acquire an interest in, or an interest affected by, any contract, transaction, zoning decision, or other matter at a time when such public servant believes or has reason to believe the interest will be directly or indirectly affected by an official act or action of the city.
(D) Appearances. No public servant shall appear or act as a representative on behalf of any private person, other than himself or herself, or his or her immediate family, before any city agency. However, a member of the City Council may appear before city agencies on behalf of his constituents in the course of his or her duties as a representative of the electorate or in the performance of public or civic obligations, but a City Council member shall not receive compensation for such appearances.
(E) Disclosure of interest in legislative action. In addition to any other requirements of law:
(1) Any member of the City Council who has a financial or personal interest in any proposed legislation before the Council shall disclose, on the record of the Council, the nature and extent of such interest and such member shall abstain from participating in any vote relating to the proposed legislation, although such member shall be considered present for purposes of establishing a quorum.
(2) Any other officer or employee who has a financial or personal interest in any proposed legislative action of the City Council and who participates in discussion with or gives an official opinion or recommendation to the Council, shall disclose on the record of the Council the nature and extent of such interest.
(F) Disclosure of confidential information. No public servant, with respect to any contract, transaction, zoning decision, or other matter which is or may be the subject of an official act or action of the city, shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the city, or use such information to advance the financial or other private interest of such public servant or others.
(G) Incompatible service. No public servant shall engage in or accept private employment or render service for hire, on behalf of private interests, when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties, unless otherwise permitted by law and unless disclosure is made as provided in this subchapter.
(H) Public property. No public servant shall use city-owned vehicles, equipment, materials, data or property for personal convenience except as authorized by the terms of their employment. No person, other than a public servant, shall use city-owned vehicles, equipment, materials, data or property without first obtaining proper authorization from the Mayor.
(I) Special treatment. No public servant shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to other citizens in similar circumstances.
(J) Later case interest. No public servant shall, after the termination of service or employment with the city, appear before any board, commission, committee or agency of the city in relation to any case, proceeding, application, or contract, in which he or she personally participated during the period of his or her service or employment or which was under his or her active consideration, for a period of 12 months from the date of termination of his or her employment with the city.
(K) Exceptions to conflict of interest provisions. Notwithstanding the prohibitions in division (A) of this section, the exceptions allowed under the Illinois Municipal Code and the Corrupt Practices Act, applicable to interests in contracts, shall be applicable to the provisions of this subchapter. The provisions of ILCS Ch. 65, Act 5, § 3.1-55-10 and ILCS Ch. 50, Act 105, § 3 and ILCS Ch. 50, Act 105, § 3.2 in effect from time to time are hereby incorporated by reference herein and made a part hereof.
(Ord. 7781, passed 9-5-95)