(A) The regulations of Sections 5-15 (ILCS Ch. 5, Act 430, §§ 5-15) and Article 10 (ILCS Ch. 5, Act 430, §§ 10-10 through 10-40) of the State Officials and Employees Ethics Act, ILCS Ch. 5, Act 430, §§ 1-1 et seq., (hereinafter referred to as the “Act” in this section) are hereby adopted by reference and made applicable to the officers and employees of this governmental entity to the extent required by ILCS Ch. 5, Act 430, § 70-5.
(B) The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any officer or any employee is hereby prohibited.
(C) The offering or making of gifts prohibited to be offered or made to an officer or employee is hereby prohibited.
(D) The participation in political activities prohibited under the Act, by any officer or employee is hereby prohibited.
(E) For purposes of this section, the terms “officer” and “employee” shall be defined as set forth in ILCS Ch. 5, Act 430, § 70-5(c).
(F) The penalties for violations of this section shall be the same as those penalties set forth in ILCS Ch. 5, Act 430, § 50-5 for similar violations of the Act.
(G) This section does not repeal or otherwise amend or modify any existing enactment which regulates the conduct of officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this section, however, the provisions of this section shall prevail in accordance with the provisions of ILCS Ch. 5, Act 430, § 70-5(a).
(H) Any amendment to the Act that becomes effective after the effective date of this section shall be incorporated into this section by reference and shall be applicable to the solicitation, acceptance, offering and making of gifts and to prohibited political activities.
However, any amendment that makes its provisions optional for adoption shall not be incorporated into this section by reference without formal action by this governmental entity.
(I) If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this Section shall be repealed as of the date that the Illinois Supreme Court's decision becomes final and not subject to any further appeals or rehearings. This Section shall be deemed repealed without further action if the Act is found unconstitutional by the Illinois Supreme Court.
(J) If the Illinois Supreme Court declares part of the Act 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 this governmental entity.
(K) A violation of any provision of this section shall be punished through the bringing of a quasi-criminal judicial complaint by an attorney chosen in the manner provided by law for this governmental entity. That prosecutor shall utilize prosecutorial discretion in enforcing this section and may seek such penalties for a violation of this section as are allowed to be sought under local or state law.
(Ord. 2004-33, passed 5-17-04; Am. Ord. 2011-47, passed 10-3-11)