(A) The regulations of §§ 5 through 15 (5 ILCS 430/5-15) and Article 10 (5 ILCS 430/10-10 through 10-40) of the State Officials and Employees Ethics Act, 5 ILCS 430/1-1 et seq., (hereinafter referred to as the “Act” in this section) are hereby adopted by reference and made applicable to the officers and employees of the city to the extent required by 5 ILCS 430/70-5.
(B) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMPAIGN FOR ELECTIVE OFFICE. Any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization, or the selection, nomination, or election of presidential or vice-presidential electors, but does not include activities:
(a) Relating to the support or opposition of any executive, legislative, or administrative action;
(b) Relating to collective bargaining; or
(c) That are otherwise in furtherance of the person's official duties.
CANDIDATE. A person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in the Election Code, 10 ILCS 5/1-3.
COLLECTIVE BARGAINING. The same meaning as that term is defined in the Illinois Public Labor Relations Act, 5 ILCS 315/3.
COMPENSATED TIME. With respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this section, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, COMPENSATED TIME includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.
COMPENSATORY TIME OFF. Authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.
CONTRIBUTION. The same meaning as that term is defined in the Election Code, 10 ILCS 5/9-1.4.
EMPLOYEE. A person employed by the city, whether on a fulltime or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.
EMPLOYER. The City of Johnston City.
GIFT. Any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.
LEAVE OF ABSENCE. Any period during which an employee does not receive:
(a) Compensation for employment;
(b) Service credit towards pension benefits; and
(c) Health insurance benefits paid for by the employer.
OFFICER. A person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity.
POLITICAL ACTIVITY. Any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities:
(a) Relating to the support or opposition of any executive, legislative, or administrative action;
(b) Relating to collective bargaining; or
(c) That are otherwise in furtherance of the person's official duties.
POLITICAL ORGANIZATION. A party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under the Election Code, 10 ILCS 5/9-3, but only with regard to those activities that require filing with the State Board of Elections or a county clerk.
PROHIBITED POLITICAL ACTIVITY.
(a) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event;
(b) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event;
(c) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution;
(d) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question;
(e) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question;
(f) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question;
(g) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls;
(h) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question;
(i) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office;
(j) Preparing or reviewing responses to candidate questionnaires;
(k) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question;
(l) Campaigning for any elective office or for or against any referendum question;
(m) Managing or working on a campaign for elective office or for or against any referendum question;
(n) Serving as a delegate, alternate, or proxy to a political party convention;
(o) Participating in any recount or challenge to the outcome of any election.
PROHIBITED SOURCE. Any person or entity who:
(a) Is seeking official action:
1. By an officer; or
2. By an employee, or by the officer or another employee directing that employee;
(b) Does business or seeks to do business:
1. With the officer; or
2. With an employee, or with the officer or another employee directing that employee;
(c) Conducts activities regulated:
1. By the officer; or
2. By an employee, or by the officer or another employee directing that employee; or
(d) Has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee.
(C) Prohibited political activities.
(1) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the city in connection with any prohibited political activity.
(2) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity:
(a) As part of that officer or employee's duties;
(b) As a condition of employment; or
(c) During any compensated time off (such as holidays, vacation or personal time off).
(3) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity.
(4) Nothing in this section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this section.
(5) No person either:
(a) In a position that is subject to recognized merit principles of public employment; or
(b) In a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club.
(D) Gift ban. Except as permitted by this section, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this section.
(E) Gift ban exceptions.
(1) Division (D) above is not applicable to the following:
(a) Opportunities, benefits, and services that are available on the same conditions as for the general public;
(b) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value;
(c) Any:
1. Contribution that is lawfully made under the Election Code; or
2. Activities associated with a fundraising event in support of a political organization or candidate.
(d) Educational materials and missions;
(e) Travel expenses for a meeting to discuss business;
(f) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fiancee;
(g) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as:
1. The history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals;
2. Whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and
3. Whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members.
(h) Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are:
1. Consumed on the premises from which they were purchased or prepared; or
2. Catered. For the purposes of this section, CATERED means food or refreshments that are purchased ready to consume which are delivered by any means.
(i) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances;
(j) Intra-governmental and inter-governmental gifts. For the purpose of this section, INTRAGOVERNMENTAL GIFT means any gift given to an officer or employee from another officer or employee, and INTER-GOVERNMENTAL GIFT means any gift given to an officer or employee by an officer or employee of another governmental entity;
(k) Bequests, inheritances, and other transfers at death;
(l) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.
(2) Each of the exceptions listed in this section is mutually exclusive and independent of every other.
(F) Disposition of gifts. An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this section if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded.
(G) Gift ban; further restrictions. A city agency may adopt or maintain policies that are more restrictive than those set forth in this section and may continue to follow any existing policies, statutes, or regulations that are more restrictive or are in addition to those set forth in this section.
(H) Penalties.
(1) A person who intentionally violates any provision of division (C) of this section may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days and may be fined in an amount not to exceed $2,500.
(2) A person who intentionally violates any provision of division (D) of this section is subject to a fine in an amount of not less than $1,001 and not more than $5,000.
(3) Any person who intentionally makes a false report alleging a violation of any provision of this section to the local enforcement authorities, the State's Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.
(4) (a) A violation of division (C) of this section shall be prosecuted as a criminal offense by an attorney for the city by filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt.
(b) A violation of division (D) of this section may be prosecuted as a quasi-criminal offense by an attorney for the city, or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure.
(5) In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of divisions (C) and (D) of this section is subject to discipline or discharge.
(I) Procedures for reporting an allegation of a violation of this section.
(1) Complaints alleging a violation of this section shall be filed as a written complaint to the City Clerk.
(2) Within three business days after the receipt of a complaint, the Mayor shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The Mayor shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within three business days after receipt by the City Clerk.
(3) The Mayor shall review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this section, to determine whether there is probable cause, based on the evidence presented by the complainant, to proceed.
(4) If the complaint is deemed sufficient to allege a violation of division (C) of this section, then the Mayor shall notify in writing the attorney designated by the corporate authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the Mayor concerning the alleged violation.
(5) If the complaint is deemed sufficient to allege a violation of division (D) of this section the Mayor shall determine disciplinary actions. The Mayor may issue discipline, or the Mayor may elect to notify in writing the attorney designated by the corporate authorities to prosecute such actions and request that the complaint be adjudicated judicially.
(6) If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the Mayor shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public.
(7) The Mayor may choose any appropriate discipline up to and including discharge in addition to the penalties set forth in division (H) of this section.
(8) A complaint alleging the violation of this section must be filed within one year after the alleged violation.
(9) All municipal employees have the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities. A formal complaint with the IDHR must be filed within 180 days of the alleged incident and a formal complaint with the EEOC must be filed within 300 days of the alleged incident.
(J) Sexual harassment policy. The city has a policy against sexual harassment, whereas, all municipal officials, agents, employees, and agencies or offices are prohibited from sexually harassing any person, regardless of any employment relationship or lack thereof. See § 30.70 of this Code for the full sexual harassment policy, including how to report sexual harassment, prohibition of retaliation for reporting sexual harassment, consequences for violating the sexual harassment policy, and consequences for knowingly making a false report
(K) his section does not repeal or otherwise amend or modify any existing ordinances which regulate the conduct of city officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this section, however, the provisions of this section shall prevail in accordance with the provisions of 5 ILCS 430/70-5(a).
(L) Any amendment to the Act that becomes effective after the effective date of this section shall be incorporated into this section by reference and shall be applicable to the solicitation, acceptance, offering and making gifts and to prohibited political activities; however, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this section by reference without formal action by the corporate authorities of the city.
(M) If the State Supreme Court declares the Act unconstitutional in its entirety, then this section shall be repealed as of the date that the State Supreme Court's decision becomes final and not subject to any further appeals or rehearings. This section shall be deemed repealed without further action by the corporate authorities of the city if this Act is found unconstitutional by the State Supreme Court.
(N) If the State Supreme Court declares part of the Act unconstitutional, but upholds the constitutionality of the remainder of the Act, or does not address the remainder of the Act, then the remainder of the Act as adopted by this section shall remain in full force and effect; however, that part of this section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the city.
(1999 Code, § 1-8-1) (Ord. 08-04, passed 5-11-2004; Ord. 12-19, passed 6-11-2019)