(A) The regulations of §§ 5-15 (5 ILCS 430/5 through 15) and Article 10 (5 ILCS 430/10-10 through 10-40) of the State Officials and Employees Ethics Act, 5 ILCS 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 the village to the extent required by 5 ILCS 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 of the village, is hereby prohibited.
(C) The offering or making of gifts prohibited to be offered or made to an officer or employee of the village under the Act is hereby prohibited.
(D) The participation in political activities prohibited under the Act, by any officer or employee of the village, is hereby prohibited.
(E) For purposes of this section, the terms OFFICER and EMPLOYEE shall be defined as set forth in 5 ILCS 430/70-5(c).
(F) Persons violating this section shall be subject to a fine of up to $750 per offense. Violations shall be prosecuted by the Village Attorney at the specific request of a majority of corporate authorities upon motion duly made, seconded and adopted. In any case where a member of the corporate authority is accused of a violation of this section, such member shall abstain from any such vote. In any case of an alleged violation of this division (F) by the Village Attorney, the village shall obtain separate counsel to handle the prosecution. In a case where the corporate authorities believe a criminal act has occurred, the corporate authorities may direct the Village Attorney to refer the matter to the State’s Attorney for prosecution.
(G) This section does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of village 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 5 ILCS 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 by municipalities shall not be incorporated into this section by reference without formal action by the corporate authorities of the village.
(I) If the State Supreme Court declares the Act unconstitutional in its entirety, then this section shall be repealed as of the date that the State Supreme Court’s decision becomes final and not subject to any further appeals or rehearings. This section shall be deemed repealed without further action by the corporate authorities of the village if the Act is found unconstitutional by the State Supreme Court.
(J) If the State 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 the corporate authorities of the village.
(Prior Code, § 34.06) (Ord. 04-05-01, passed 5-10-2004)