(A) Adoption.
(1) The State Gift Ban Act is hereby adopted as required by 5 ILCS 430.
(2) The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the Act is prohibited by any elected or appointed official or any employee of the Village of Kirkland. All nonsalaried appointed or elected officials are exempted from the Act and the provisions of this section.
(B) Ethics Officer. To the extent authorized by law and the extent required by 5 ILCS 430 the Village President is appointed to serve as the “ethics officer” of the Village of Kirkland. The Ethics Officer’s duties shall be as provided in 5 ILCS 430.
(C) State Legislative Ethics Commission; complaints. All complaints for violations of the Act and this section shall be filed with the State Legislative Ethics Commission (created by 5 ILCS 430/25-5).
(D) Future amendments. Any amendment to the State Gift Ban Act that becomes effective after the passage of this section shall be incorporated into this section by reference and shall be applicable to the solicitation and acceptance of gifts. However, any amendment that makes provisions optional for adoption by municipalities shall not be incorporated into this section by reference without formal action by the corporate authorities of the village.
(E) Future declaration of unconstitutionality.
(1) If the Illinois Supreme Court declares the State Gift Ban Act unconstitutional in its entirety, then this section shall be repealed as of the date that the Supreme Court’s decision becomes final and not subject to any further appeals or rehearings. This section shall be deemed repealed without further action by the corporate authorities of the village if the Act is found unconstitutional by the Illinois Supreme Court.
(2) If the Illinois Supreme Court declares part of the State Gift Ban 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and effect; however, that part of this section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the village.
(1983 Code, § 1-12-2) (Ord. 99-11, passed 7-6-1999)
Cross-reference:
Similar provisions, see § 34.17
Statutory reference:
State Gift Ban Act, see 5 ILCS 430/10-10 et seq.