There is hereby created an Ethics Commission for the Village. The Ethics Commission shall consist of the President of the Village and the Village Trustees. The Commission shall have the following powers and duties:
A. To process written complaints alleging violations of this Chapter.
B. Upon determining that an officer, appointee or employee has violated this Chapter, to take any or all of the following courses of action:
1. Issue a reprimand;
2. Order the officer, appointee or employee to cease and desist the offensive action;
3. Order the return or refund of money or other items, or an amount of restitution for services received in violation of this Chapter;
4. To recommend to the Board of Fire and Police Commissioners that a member of the Police Department or Fire Department be dismissed, to remove from office any appointee or officer subject to the Village Council's powers of appointment and, as to all other employees and officers, to recommend to the Village Manager that the employee or officer be disciplined, dismissed or removed from office;
5. To order that the officer, appointee or employee make a donation to a charity in an amount equal to the prohibited gift;
6. To impose a fine of up to one thousand dollars ($1,000.00) per violation, to be deposited into the Village's General Fund; and
7. To refer violations to the Village Prosecutor or Cook County State's Attorney for prosecution and the imposition of fines and or incarceration in accordance with Section 5-5 of the State Officials and Employees Ethics Act (5 ILCS 430/5-5).
C. If, after a hearing the Commission finds no violation of this Chapter, the Commission shall dismiss the complaint;
D. Any decision by the Commission under this Chapter to dismiss a complaint, to refer a matter for prosecution or to make a recommendation to the Board of Fire and Police Commissioners or Village Manager is not a final decision. All other decisions of the Commission under this Chapter are final and are not subject to further review, either administratively or judicially, except that a decision that imposes a fine or that removes an officer from office shall be subject to judicial review under the Administrative Review Law of the Illinois Code of Civil Procedure (735 ILCS 5/3-101, et seq.) or as otherwise provided by law.
E. This Section shall not be deemed to create a right on the part of any employee or officer who is subject to the hiring and appointment authority of the Board of Fire and Police Commissioners or the Village Manager to a hearing before the Commission in addition to or as a condition of said Board or Village Manager taking any action to dismiss or otherwise discipline any such employee or officer.
(MC-7-2009, Amended, 01/05/2010; MC-08-2004, Amended, 05/18/2004)