Any one or more of the following non-exclusive remedies may be used to enforce the provisions of the city Code of Ethics:
(A) Disciplinary action. A finding that any employee has violated any provisions of the city Code of Ethics shall constitute just cause for reprimand, suspension or termination, or other disciplinary action as may be appropriate provided and as authorized by Illinois law or city ordinance or collective bargaining agreement, however, that no such finding shall be made except after all process due under applicable federal, state, or local law is taken. A public official duly found to have violated the city Ethics Code may be censured, reprimanded, suspended or removed from office provided, however, that no such finding shall be made except after all process due under applicable federal, state, or local law is taken.
(B) Prosecution.
(1) Prohibited political activity. It shall be a misdemeanor for any person to knowingly violate, or knowingly attempt to violate, the provision of the city Code of Ethics. At the direction of the entity having enforcement jurisdiction as set forth in the code the City Attorney may commence criminal proceedings in the name of the city and in accordance with the Criminal Code of 1961, as amended (ILCS Ch. 720, Act 5, §§ 1-1 et seq.) and the Code of Criminal Procedure of 1963, as amended (ILCS Ch. 725, Act 5, §§ 100-1 et seq.) if he or she determines that there exists probable cause that a violation of the Code of Ethics has occurred. A person convicted of a violation of the Code of Ethics may be punished by a term of incarceration in a penal institution other than a penitentiary for a period not more than six months and may be fined in an amount not to exceed $750.
(2) Other violations. It shall be an ordinance violation for any person to knowingly violate, or knowingly attempt to violate, any provision of the city Ethics Code other than § 39.15. At the direction of the entity having enforcement jurisdiction as set forth in division (D) of this section, the City Attorney may commence quasi-criminal proceedings in the name of the city and in accordance with the Code of Ordinances, as amended, and the Illinois Municipal Code, as amended (ILCS Ch. 65, Act 5, §§ 1-1 et seq.) if he determines that there exists probable cause that a violation of the city Ethics Code has occurred. A person convicted of a violation of the Code of Ethics may be punished by a fine of up to $750.
(3) False reports. It shall be a violation of the city Ethics Code for any person to knowingly file a false report with an entity having enforcement jurisdiction alleging that a city official or city employee committed a violation of the city Ethics Code. Any person who knowingly makes a false report alleging a violation of the city Ethics Code to an entity having enforcement jurisdiction commits a misdemeanor. At the direction of the entity having enforcement jurisdiction as set forth in division (D) of this section, the City Attorney may commence criminal proceedings in the name of the city and in accordance with the Criminal Code of 1961, as amended (ILCS Ch. 720, Act 5, §§ 1-1 et seq.) and the Code of Criminal Procedure of 1963, as amended (ILCS Ch. 725, Act 5, §§ 100-1 et seq.) if he or she determines that there exists probable cause that a false report was knowingly made to an entity having enforcement jurisdiction. A person convicted of filing a false report may be punished by a term of incarceration in a penal institution other than a penitentiary for a period not more than six months and may be fined in an amount not to exceed $750.
(C) Reconsideration of transaction. Any transaction which was the subject of an official act or action of the city in which any public official or employee has an interest prohibited by the city Code of Ethics, or which involved the violation of a provision of the city Code of Ethics may be officially reconsidered upon discovery, disclosure, or determination of such interest or violation.
(D) Enforcement jurisdiction.
(1) Mayor and City Council. The Mayor and City Council, sitting as a committee of the whole, shall have jurisdiction to review, investigate and initiate enforcement action in connection with violations of the city Code of Ethics by the Mayor and members of the City Council. If the Mayor or a member of the City Council is the subject of an investigation, that person shall not participate in the investigation nor shall such person have the right to vote or deliberate with respect thereto.
(2) City Administrator, City Clerk, City Treasurer. The Mayor and City Council, sitting as a committee of the whole, shall have jurisdiction to review, investigate and initiate enforcement action in connection with violations of the city Code of Ethics by the City Administrator, the City Clerk and the City Treasurer.
(3) Boards and commissions. The Mayor and City Council, sitting as a committee of the whole, shall have jurisdiction to review, investigate and initiate enforcement action in connection with violations of the city Code of Ethics by persons appointed by the Mayor and/or City Council to any agency, board, committee, commission, or other administrative position.
(4) City employees. The City Administrator shall have jurisdiction to review, investigate and initiate enforcement action in connection with violations of the city Code of Ethics, by all city employees, except when discipline or termination is by law or ordinance beyond the legal authority of the City Administrator; in the case of the latter, the appropriate agency, board, committee, commission, or other administrative body shall have jurisdiction to review, investigate and initiate enforcement action in connection with violations of the city Code of Ethics concerning such employees.
(5) Powers and duties. The entity having enforcement jurisdiction shall have the following powers and duties:
(a) To initiate and to receive complaints of violations of any of the provisions of the city Code of Ethics and to investigate and act upon such complaints as provided by this subchapter or other applicable law.
(b) To conduct investigations, inquiries, and hearings concerning any matter covered by the city Code of Ethics, and to certify the records in such proceedings, and to issue subpoena and compel testimony and the production of documents and other tangible things in accordance with state law. Appropriate discretion shall be exercised in determining whether to investigate and whether to act upon any particular complaint or conduct. When necessary or required by law, assistance may be requested from other appropriate agencies.
(c) To promulgate procedural rules for the conduct of investigatory proceeding consistent with the requirements of due process.
(E) Disgorging corporate opportunity. Any current or former official or employee shall, upon demand of the investigating entity, account for all benefits accruing to such official or employee as a result of any violation of the provisions of the city Code of Ethics. Any current or former official or employee receiving any such benefits in violation of any of the provisions of this division shall disgorge such benefits. In the event that any such official or employee refuses to account for benefits received in violation of any of the provisions of this section, the investigating agency may seek legal recourse necessary to receive such an accounting and disgorgement and any other disciplinary remedy.
(F) Advisory ethical opinion. Any official or employee may file a request with the City Attorney and the City Administrator for an advisory ethical opinion on the propriety of any conduct or action under the city Code of Ethics. Unless otherwise privileged, advisory opinions shall be made available to the public, but the identity of the person requesting the opinion of any person whose conduct is involved in the set of circumstances described in the request for opinion, shall be confidential.
(Ord. 16-033, passed 5-18-17)