(A) Adoption of Act. The State Gift Ban Act, 5 ILCS 425 et seq. is hereby adopted as required by Section 83 of the Act, 5 ILCS 425/83. The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the State Gift Ban Act is prohibited by any elected or appointed official or any employee of the city.
(B) Ethics Officer. To the extent authorized by law and to the extent required by Section 35 of the State Gift Ban Act, 5 ILCS 425/35, the Mayor is hereby appointed to serve as the Ethics Officer of the city. If the Mayor is unable or unwilling to act, then upon advice and consent of the City Council, the Mayor shall appoint someone to act as the Ethics Officer. The Ethics Officer’s duties shall be as provided in Section 35 of the State Gift Ban Act.
(C) Complaints. All complaints for violations of the State Gift Ban Act and this section shall be filed with the Ethics Commission in accordance with Section 45(a)(6) of the State Gift Ban Act.
(D) Future amendments to State Gift Ban Act. Any amendment to the State Gift Ban Act, 5 ILCS 425/1 et seq. 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 its provisions optional for adoption by cities shall not be incorporated into the ordinance by reference without formal action by the corporate authorities of the city.
(E) Future declaration of unconstitutionality of State Gift Ban Act.
(1) If the Illinois Supreme Court declares the State Gift Ban Act, 5 ILCS 425/1 et seq. unconstitutional in its entirety, then this section shall be repealed as of the date that the Supreme Court’s decision becomes final and not subject to any further appeals or rehearings. The ordinance shall be deemed repealed without further action by the corporate authorities of the city if the Act is found unconstitutional by the Illinois Supreme Court.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, 5 ILCS 425/1 et seq. 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and effect; however, that part of this section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the city.
(Ord. 99-6, passed 7-1-1999)