(a) Definitions. As used in this section:
(1) "Economic opportunity" means any purchase, sale, lease, contract, option or other transaction or arrangement, including property or services, wherein an elected or appointed official may gain an economic benefit.
(2) "Elected or appointed official" means any appointed official or elected officer charged with duties under State law or under these Codified Ordinances or any other resolution or motion of the Board of Trustees; any member of a Village board or commission who is appointed by the President of the Board; any elected official of the Village; the Village Manager; any department head; or any other staff member authorized to make Village expenditures.
(3) "Legislative matters" means any ordinance, resolution or motion or other issue or proposal pending before the Board or any committee, subcommittee or commission thereof.
(1976 Code § 2-76; Ord. 507. Passed 9-26-77; Ord. 592. Passed 6-14-82.)
(b) Restricted Activities.
(1) No elected or appointed official shall be interested, directly or indirectly, in any contract, work or business of the Village, or in the sale of any article, whenever the expense, price or consideration of the contract, work, business or sale is paid either from the treasury or by any assessment levied by any statute or ordinance. No elected or appointed official shall be interested, directly or indirectly, in the purchase of any property which belongs to the Village, is sold for taxes or assessments or is sold by virtue of legal process at a suit of the Village.
(2) The Village may enter into a contract with any person, in which an elected or appointed member of the Village corporate authorities has an interest, direct or indirect, provided that the following requirements are met:
A. If the amount of the contract does not exceed two hundred fifty dollars ($250.00) and the total of such contracts awarded to the same person in a given year does not exceed five hundred dollars ($500.00), the contract may be entered into without violating the conflict of interest laws.
B. If the amount of the contract exceeds two hundred fifty dollars ($250.00) and the total of such contracts awarded to the same person in a given year does not exceed one thousand five hundred dollars ($1,500), such contract may be entered into, provided that the interested official has less than a seven and one-half percent ownership interest in the business.
C. If the amount of the contract exceeds one thousand five hundred dollars ($1,500) and the annual aggregate of such contracts awarded to the same person is less than twenty-five thousand dollars ($25,000), such contract may be entered into, provided that the interested official has less than a seven and one-half percent ownership interest in the business and the contract is awarded, after sealed bids, to the lowest responsible bidder.
D. If the contract is for the procurement of public utility services, such contract does not constitute a conflict of interest, provided that the interested official does not own more than a seven and one-half percent ownership interest in the public utility company.
E. In each of the instances cited in paragraphs (b)(2)A. through (b)(2)D. hereof, the interested official must disclose the nature and extent of his or her interest, he or she must abstain from voting on the award of the contract and the award of the contract must be approved by a majority vote of the Board of Trustees.
(3) The Village may deposit funds in a bank in which a member of the corporate authorities has an interest, provided that his or her ownership interest in the bank does not exceed five percent of the aggregate ownership.
(4) No elected or appointed official shall accept any compensation for the performance of his or her official duties other than that provided to him or her by the Village.
(5) Every elected or appointed official shall file a financial statement on or before April 15 of each year hereafter disclosing his or her investments and interests in real property located in the Village or within the one and one-half mile planning perimeter. Such statement shall be filed on a form prescribed by the Village Clerk and shall be available for public inspection. Such statement shall include information regarding any investment or interest in any parcel of real estate, except the personal residence of the elected or appointed official, and should include a statement of any economic interest should there be any doubt on the part of the elected or appointed official that the holding of such economic interest creates a conflict of interest with his or her Municipal duties and responsibilities. Such official shall file a copy of his or her statement of economic interest with the Clerk within thirty days after he or she is required to file such statement with the County Clerk as required by law.
(1976 Code § 2-77; Ord. 507. Passed 9-26-77.)
(c) Rules of Conduct.
(1) No member of the corporate authorities may solicit, accept or agree to accept, gifts, loans, gratuities, discounts, favors, hospitality or services under circumstances from which it could be reasonably inferred that a major purpose of the donor is to influence the member in the performance of his or her official duties. This provision does not apply to:
A. Any political contribution, in cash or in kind, if such contribution is used for political purposes;
B. Any promotional contribution which would benefit the community;
C. The purchase of tickets or advertisements for political, testimonial or goodwill dinners; or
D. A commercial reasonable loan made in the ordinary course of business.
(2) No elected or appointed official shall accept any economic opportunity, under circumstances where he or she knows that there is a substantial possibility that the opportunity is being afforded to him or her with the intent to influence his or her conduct in the performance of his or her official duties.
(3) No elected or appointed official shall charge to or accept, from a person known to have a legislative interest, a price, fee, compensation or other consideration for the sale or lease of any property, or for the furnishing of services, which is substantially in excess of that which the legislator would charge in the ordinary course of business.
(4) No elected or appointed official, in order to further his or her own economic interests, or those of any other person, shall disclose or use confidential information acquired in the course of his or her official duties.
(5) No elected or appointed official shall receive compensation as an elected or appointed official of any other unit of government in the State without first obtaining the consent of the corporate authorities.
(6) No elected or appointed official may engage in other conduct which is unbecoming to a public servant or which constitutes a breach of public trust.
(1976 Code § 2-78; Ord. 507. Passed 9-26-77.)
(d) Ethical Principles.
(1) Where feasible, and taking into account the fact that legislative service is part-time, an elected or appointed official should avoid accepting or retaining an economic opportunity which presents a substantial threat to his or her independence of judgment.
(2) When a member of the corporate authorities takes official action on a legislative matter as to which he or she has a conflict situation created by a personal, family or client legislative interest, he or she should consider the possibility of eliminating the interest creating the conflict situation. If that is not feasible, he or she should consider the possibility of abstaining from such official action. In making his or her decision as to abstention, the following factors should be considered:
A. Whether a substantial threat to his or her independence of judgment is created by the conflict situation;
B. The effect of his or her participation on public confidence in the integrity of the Village government;
C. Whether his or her participation is likely to have a significant effect on the disposition of the matter; and
D. The need for his or her particular contribution, such as special knowledge of the subject matter, to the effective functioning of the Village government.
He or she need not abstain if he or she decides to participate in a manner contrary to the economic interest which creates the conflict situation.
If he or she does abstain, he or she shall disclose that fact to the Board of Trustees.
(1976 Code § 2-79; Ord. 507. Passed 9-26-77.)