G-635 - 06/08/1999 - GOVERNMENT - Ordinances ORDINANCE 1999-GBA-G-635
AN ORDINANCE PROHIBITING THE SOLICITATION AND ACCEPTANCE OF GIFTS
AND ADOPTING THE STATE GIFT BAN ACT
(5 ILCS 425/1 ET.SEQ.; P.A.90-737)
WHEREAS, the General Assembly has enacted the State Gift Ban Act(P.A.90-737; House Bill
672; 5 ILCS 425/1 gt seo.),which became effective on January 1, 1999;and
WHEREAS, Section 83 of the Act(5 ILCS 425/83)provides in pertinent part:
Within 6 months after the effective date of this Act, units of local government, home rule
units, and school districts shall prohibit the solicitation and acceptance of gifts, and shall
enforce those prohibitions, in a manner substantially in accordance with the requirements
of this act and shall adopt provisions no less restrictive than the provisions of this Act.
WHEREAS, in preparing to meet the mandatory July 1, 1999, deadline imposed by the Act, the
Village President and Board of Trustees of the Village of Oak Brook, Illinois, have determined that the Act
contains several procedural and substantive defects and several ambiguities and inconsistencies which
make compliance with the dictates of Section 83 of the Act difficult and perhaps impossible; and
WHEREAS,while the Illinois Municipal League has requested the General Assembly to amend
and clarify the Act so Illinois municipalities may have clear guidance in bringing themselves into
compliance with the Act, it has become apparent that a legislative response will not be provided prior to
the deadline imposed by Section 83; and
WHEREAS ,the corporate authorities of the Village of Oak Brook, in an effort to comply with the
action required by Section 83, hereby pass and approve this Ordinance to bring the Village of Oak Brook
in compliance with the dictates of the Act; and
WHEREAS, the corporate authorities of the Village of Oak Brook strongly encourage the General
Assembly to take immediate action to clarify the procedural and substantive provisions of the Act so
elected and appointed officials and the employees of Illinois municipalities will have clear and unequivocal
ethical procedures and rules that will control their conduct.
NOW,THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That Chapter 2 of the Code of Ordinances of the Village of Oak Brook be hereby
amended by the addition of Article XI that will read as follows:
Ordinance 1999-GBA-G-635
Adopting the State Gift Ban Act
Page 2
"Chapter 2
Article XI.
State Gift Ban Act
Section 2-260. Adoption of Act.
(a) The State Gift Ban Act(5 ILCS 425,-qt=)is hereby adopted as required by Section 83 of the
Act(5 ILCS 425/83).
(b) The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the Act is
prohibited by any elected or appointed official or any employee of the Village.
Section 2-261. Ethics Officer.
To the extent authorized by law and to the extent required by Section 35 of the Act 5 ILCS 425/35, the
Village Clerk is appointed to serve as the"ethics officer"of the Village. The ethics officer's duties shall be
as provided in Section 35.
Section 2-262. State Legislative Ethics Commission: Complaints.
All complaints for violations of the Act and this Ordinance shall be filed with the State legislative ethics
commission (created by Section 45(a)(6)of the Act).
Section 2-263. Existing Gift Ban Ordinance.
This Ordinance does not repeal or otherwise amend or modify Appendix D,Article II, Section 3(f)of the
Code of Ordinances of the Village of Oak Brook,which regulates the conduct of Village employees. To
the extent that Appendix D,Article II, Section 3(f) is less restrictive that the State Gift Ban Act and this
Ordinance,then the provisions and this Ordinance shall prevail in accordance with the provisions of
Section 95 of the Act (5 ILCS 425/95).
Section 2-264. Future Amendments to State Gift Ban Act.
Any amendment to the State Gift Ban Act(5 ILCS 425/1 gl§=)that becomes effective after the passage
of this Ordinance shall be incorporated into this Ordinance by reference and shall be applicable to the
solicitation and acceptance of gifts. However, any amendment that makes its provisions optional for
adoption by municipalities shall not be incorporated into this Ordinance by reference without formal action
by the corporate authorities of the Village.
Section 2-265. Future Declaration of Unconstitutionality of State Gift Ban Act
(a) If the Illinois Supreme Court declares the State Gift Ban Act(5 ILCS 425/1 gt sea.)
unconstitutional in its entirety,then this Ordinance shall be repealed as of the date that the
Supreme Court's decision becomes final and not subject to any further appeals or rehearings.
The Ordinance shall be deemed repealed without further action by the corporate authorities of the
Village if the Act is found unconstitutional by the Illinois Supreme Court.
(b) If the Illinois Supreme Court declares part of the State Gift Ban Act(5 ILCS 425/1 PA=Q )
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 Ordinance shall remain
Ordinance 1999-GBA-G-635
Adopting the State Gift Ban Act
Page 3
in full force and effect; however,that part of this Ordinance relating to the part of the Act found
unconstitutional shall be deemed repealed without further action by the corporate authorities of the
Village."
Section 3: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
Section 4 : That the Village Clerk is hereby authorized and directed to publish this Ordinance in
pamphlet form in the manner provided by law.
PASSED THIS 8th day of June, 1999.
Ayes: Trustees Butler, Caleel, Craig, Kenny, McInerney and Saying
Nays: None
Absent: wonP
Abstain: None
APPROVED THIS 8th day of June, 1999.
Village President
y-
jvt
Appro v d as to Form:
�.
Village Attorney
Published 6-9-99 Pamphlet form
Date Paper
Not Published