§ 40.99 PENALTY.
   (A)   Madison County ethics ordinance.
      (1)   An individual who intentionally violates any provision of § 40.03(A) may be punished by a term of incarceration in the County Jail for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.
      (2)   An individual who intentionally violates any provision of § 40.02 is subject to a fine in an amount of not less than $1,001 and not more than $5,000.
      (3)   Any individual who intentionally violates § 40.04 may be punished by a term of incarceration in the County Jail for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.
      (4)   A violation of §§ 40.03(A) or 40.04 shall be prosecuted as a criminal offense by the State’s Attorney by the filing of an information or sworn complaint in the Circuit Court 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.
      (5)   A violation of § 40.02(A) shall be prosecuted as a quasi-criminal offense by the State’s Attorney by the filing of a sworn complaint in the Circuit Court charging such offense. The prosecution shall be under and conform to applicable rules for quasi-criminal procedure. Adjudication against the defendant or respondent shall require establishment of guilt by a preponderance of the evidence.
      (6)   In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of §§ 40.02(A) or 40.03(A) is subject to discipline or discharge.
      (7)   Any complaint alleging a violation of §§ 40.01 through 40.05 must be filed with the Circuit Court within one year of the occurrence of the alleged violation.
   (B)   Economic interests addendum ordinance. The penalty for knowingly and intentionally filing a false or incomplete statement shall be an ordinance violation subject to fines and penalties not to exceed $1,000 pursuant to 55 ILCS 5/5-1113. All ordinance violations shall be filed within the County Circuit Court.
(Ord. 2004-04, passed 5-19-2004; Ord. 2012-06, passed 6-20-2012)