A. General standards of ethical conduct.
(1) General ethical standard for employees. Any attempt to realize personal gain through public employment by conduct inconsistent with the proper discharge of a Village employee's duties is a violation of this code.
(2) General ethical standard for nonemployees. Any effort to influence any Village employee to breach the standards of ethical conduct set forth in this code is a violation of this code.
B. Employee conflict of interest.
(1) Conflict of interest. It is a violation of this Code for any employee to participate directly or indirectly in procurement when the employee has an ownership, employment, prospective employment, or family interest pertaining to the procurement.
(2) Disclosure by employees. On discovery of an actual or potential conflict of interest, an employee shall promptly file a written disclosure with the Procurement Officer and shall withdraw from further participation in the transaction involved.
(3) Disclosure by public official. On discovery of an actual or potential conflict of interest, a public official shall promptly disclose the conflict and shall withdraw from participation in the decision-making process.
C. Gratuities. It shall be violation of this chapter for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory role in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor.
D. Kickbacks. It shall be a violation of this chapter for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.
E. Influence peddling. It shall be a violation of this chapter for a person to be retained, or to retain a person, to solicit or secure a Village contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business, which relationship shall be disclosed in any attempt to solicit or secure a Village contract.
F. Use of confidential information. It shall be a violation of this section for any employee or former employee knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person.
G. Remedies against employees. In addition to existing remedies for breach by an employee of the ethical standards of this Code, the Village may impose any one or more of the following:
(1) Oral or written warnings or reprimands;
(2) Suspension with or without pay for specified periods of time; and
(3) Termination of employment.
H. Remedies against nonemployees. In addition to existing remedies for violations of this section by a nonemployee, the Village may impose any one or more of the following:
(1) Written warnings or reprimands;
(2) Termination of transactions; and
(3) A suspension under this chapter.
I. Recovery of value transferred or received in violation of this chapter.
(1) General provisions. The value of anything transferred or received in violation of this chapter by an employee or a nonemployee may be recovered from both the employee and nonemployee.
(2) Recovery of kickbacks. Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the Village and will be recoverable by the Village from the recipient. In addition, the amount may separately be recovered from the subcontractor making the kickback. The Village's recovery from one offending party shall not preclude the Village from recovery from other offending parties.
(Ord. 5499, 3-21-20)