(A) Establishment: There is hereby established an Ethics Commission, consisting of the Corporate Authorities of the Village. The Chairperson of the commission shall be the Village Mayor. In the absence or the recusal of the Mayor, the Corporate Authorities may elect one of their members to serve as a temporary Chairman.
(B) Powers And Duties: The Ethics Commission shall have the following powers and duties:
1. To promulgate such procedures and rules governing the performance of its duties and the exercise of its powers as deemed necessary or appropriate.
2. Upon receipt of a signed, written complaint to investigate, conduct research, conduct closed hearings and deliberations, issue findings, decisions and recommendations.
3. To act only upon the receipt of a written complaint alleging a violation of this chapter, and not upon its own prerogative.
4. To receive information from the public pertaining to its investigations and to require additional information and documents from persons who may have violated this chapter as the commission deems appropriate. It is the obligation of all officers and employees of the Village of Willowbrook to cooperate with the commission or, as the case may be, with the Ethics Officer during the course of their investigations. Any such officer's or employee's failure or refusal to so cooperate shall constitute grounds for disciplinary action pursuant to subsections (D)1 and (D)2 of this section.
5. When necessary, to subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this chapter.
6. When necessary, to request that the State's Attorney provide legal advice without charge to the commission.
7. To prepare and publish such manuals and guides as the commission deems appropriate explaining the duties of individuals covered by this chapter.
8. To prepare such public information materials as the commission deems appropriate to facilitate compliance, implementation and enforcement of this chapter.
9. To prepare periodic statistical reports consisting of: a) the number of complaints filed, b) the number of complaints deemed to sufficiently allege a violation of this chapter, c) the recommendation or decision issued for each complaint, d) the number of complaints resolved, and e) the status of pending complaints.
10. The commission may delegate to the Ethics Officer its authority to conduct investigations pursuant to this section and require a report of the said officer's investigative findings to the full commission for final action. Upon such a delegation, the Ethics Officer shall exercise all such of the foregoing powers of the commission as are reasonably necessary to performing the investigative and reporting duties of the said office.
11. In the event that a member of the commission is the subject of a claimed violation of this chapter, such member shall immediately recuse himself or herself from the investigation of such claimed violation, and shall take no part in the final action of the commission regarding such claimed violation.
The powers and duties of the commission are limited to matters clearly within the purview of this chapter.
(C) Complaint Procedure:
1. Complaints alleging a violation of this chapter by a public servant shall be filed as follows: If the complaint alleges a violation by an employee, appointed officer, or elected officer of the Village, then the complaint shall be filed with the Ethics Officer. In the event that the subject of the complaint is the Ethics Officer, such complaint shall be filed with the Village Mayor, the Village Administrator or the Village Clerk. Any complaint received by, or incident reported to, an employee alleging the violation of this chapter, shall be forwarded to the Ethics Officer or Village Mayor as provided above. Upon receipt of any such complaint, the Ethics Officer, or the Village Mayor, as the case may be, shall forward the complaint to each member of the Ethics Commission. The Village Clerk shall upon request, provide all Village employees with written notice of the name, business address and business phone number of the Ethics Officer to facilitate the filing of any complaint hereunder. Additionally, the Village Clerk shall post written notice in the Village Hall and upon the Village website setting forth the name, business address and business phone number of the Ethics Officer to facilitate the filing of complaints hereunder by members of the public.
2. Within three (3) days after the filing of an ethics complaint, the commission's Secretary shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within three (3) business days after the submittal to the commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting on the sufficiency of the complaint and probable cause, which meeting shall be held within fourteen (14) business days after receiving the complaint.
3. Upon at least forty eight (48) hours' public notice of the meeting session, the commission or the Ethics Officer, as the case may be, shall meet in a closed session to review the sufficiency of the complaint and, if the complaint is deemed to sufficiently allege a violation of this chapter, to determine if there is probable cause, based on evidence presented by the complainant, to proceed. The commission shall thereafter issue notice to the complainant and the respondent of its ruling on the sufficiency of the complaint, and, if necessary, on probable cause. If the complaint is deemed to sufficiently allege a violation of this chapter and there is a determination of probable cause, then the commission's notice to the parties shall include a hearing date scheduled within four (4) weeks after the commission's ruling on the sufficiency of the complaint. If the complaint is deemed not to sufficiently allege a violation or if there is no determination of probable cause, then the commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint and that notice shall be made public.
4. On the scheduled hearing date and upon at least forty eight (48) hours' public notice of the said hearing, the commission shall conduct a closed meeting on the complaint and allow both parties the opportunity to present testimony and evidence. The Ethics Officer shall represent the complainant at this closed hearing. The respondent may there be represented at his own expense by counsel of his own choice.
5. Within two (2) weeks after the conclusion of the hearing on the complaint, the commission shall either: a) dismiss the complaint or b) issue a preliminary recommendation to the alleged violator and to the violator's ultimate jurisdictional authority. The particular findings in the instant case and the preliminary recommendation shall be made public.
6. Within seven (7) business days after the issuance of the preliminary recommendation, the respondent may file a written demand for a public hearing on the complaint. The filing of the demand for a public hearing shall stay the enforcement of the preliminary recommendation. Within two (2) weeks after receiving the demand, the commission shall conduct a public hearing on the complaint after at least forty eight (48) hours' public notice of the hearing and allow both parties the opportunity to present testimony and evidence. The Ethics Officer shall represent the complainant at this public hearing. The respondent may there be represented at his own expense by counsel of his own choice.
7. If the complaint is filed during the sixty (60) days preceding the date of any election at which the respondent is a candidate, the commission shall render its decision as required under subsection (C)5 of this section within seven (7) days after the complaint is filed, and during the seven (7) days preceding that election, the commission shall tender such decision before the date of that election, if possible.
8. A complaint alleging the violation of this chapter must be filed within one year after the alleged violation.
(D) Enforcement:
1. Should the commission find the respondent to be in violation of any of the provisions of this chapter, it may recommend disciplinary action of that person to his or her ultimate jurisdictional authority. The commission's recommendation may prescribe the following courses of action:
(a) A reprimand.
(b) An order to cease and desist the offensive action.
(c) A return or refund of money or other items, or an amount of restitution for services received in violation of this chapter.
(d) Donation to a charity of an amount equal to the gift.
(e) Suspension, dismissal, removal from office or censure.
2. The Village, through the respondent's ultimate jurisdictional authority, may take disciplinary action against any such respondent: a) who the commission finds is in violation of this chapter, b) who is the subject of a recommendation by the Commissioner, c) described by both items a and b of this subsection.
The Village may take disciplinary action as recommended by the commission, if any, or as it deems appropriate, to the extent it has constitutional and statutory authority to take that action.
The Village shall make its action, or its determination to take no action, available to the public.
3. If after a hearing, the commission finds no violation of this chapter, it shall dismiss the complaint.
(E) Review: The commission's decision to dismiss a complaint or to recommend disciplinary action is not a final administrative decision subject to judicial review under the Administrative Review Act of the Illinois Code of Civil Procedure.
(F) Exemption: The proceedings conducted and documents generated under this section are exempt from the provisions of the Open Meetings Act and the Freedom of Information Act, except as expressly provided. (Ord. 12-O-29, 12-17-2012)