(A) Board of Ethics.
(1) The Village Council, by super majority of those serving as Councilmembers shall appoint a Board of Ethics, consisting of three members, as an advisory body for the purpose of interpreting this Code of Ethics. No Councilmember or employee shall be appointed.
(2) (a) The initial three members of the Board of Ethics shall be appointed for one-, two-, and three-year terms of office respectively, which shall begin on October 18, 2023. If appointed prior to July 1, they shall begin their terms of office immediately and their terms shall include the additional time prior to July 1. Terms of office shall expire on June 30 of the respective years.
(b) Thereafter, all members shall be appointed to three-year terms, beginning July 1, so that only one member’s term expires each year. A member shall hold office until his or her successor is appointed. The Village Council shall fill a vacancy by an appointment for the unexpired term only.
(3) The Village Council may also appoint not more than two alternate members for the same term as regular members of the Ethics Board. The alternate member may be called on a rotating basis to sit as a regular member of the Ethics Board in the absence of a regular member. An alternate member may also be called to service in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the Ethics Board.
(4) The Board of Ethics shall be made up of three persons who may or may not be residents of the village who have legal, administrative or other desirable qualifications.
(a) The members of the Board of Ethics shall serve without compensation, and shall not be elected officials, appointee, persons appointed to elective office, full-time appointed officials, appointee or village employees, nor shall they be currently serving on any other village board or council.
(b) The Board shall select its own presiding officer from among its members.
(c) The Board shall establish such procedures it deems necessary or appropriate to perform its functions as set forth in this subchapter.
(B) Functions of the Board of Ethics. When there is a question or a complaint as to the applicability of any provision of this Code of Ethics to a particular situation, that question or complaint shall be directed to the Board of Ethics. It shall then be the function of the Board of Ethics to conduct hearings and/or issue an advisory opinion, as applicable.
(1) Hearings. The Board of Ethics shall follow the following hearing procedure:
(a) The Board shall, within seven days after any matter is brought to its attention, set a date certain for hearing said matter.
(b) The Board shall, at least 28 days before the hearing date, send notice of such hearing, accompanied by a concise statement of the alleged breach of this Code of Ethics, to any person requested to appear before them, by certified mail, return receipt requested, to addressee only.
(c) Any person requested to appear before a Board of Ethics hearing may request one extension for a period not to exceed 28 days. Extensions thereafter will be granted only under extreme circumstances.
(d) Any person requested to appear before a Board of Ethics hearing may be accompanied by his or her attorney.
(e) All hearings at which any person shall be requested to appear shall be subject to the Open Meetings Act.
(f) All findings of Board hearings shall be published in permanent form and communicated to the Village Council and the public, subject to the requirements of the Open Meetings Act.
(2) Advisory opinions. All advisory opinions so issued shall also be published in permanent form and communicated to the Village Council and the public, subject to the requirements of the Open Meetings Act.
(3) After the Board of Ethics’ advisory opinions and/or hearing findings have been published:
(a) The Village Council shall be responsible for imposing any sanction for a violation of this Code on one of its members or any person appointed by the Council to any village board.
(b) If it becomes necessary to seek the removal of a village official after the Board of Ethics’ advisory opinion and/or hearing findings, the village shall follow the requirements for removal of a public official in accordance with the laws of the state.
(c) The Village Manager shall be responsible for imposing any discipline for a violation of this Code on any employee of the village.
(Ord. 24.10, passed 10-9-23)