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G-748 - 05/11/2004 - GOVERNMENT - Ordinancesr y ORDINANCE 2004- GL -ST- ETHICS -G -748 PAMPHLET FRONT OF PAMPHLET AN ORDINANCE AMENDING TITLE 1 (ADMINISTRATION); CHAPTER 10 (STATE GIFT BAN ACT), OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO IMPLEMENT THE PROVISIONS OF THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT (5 ILCS 430/1 -1, ET SEQ.) PUBLISHED IN PAMPHLET FORM THIS 12th DAY OF May , 2004, BY ORDER OF THE CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS 19 illage Clerk 1 �: �� ! •a. <..r. crib' t � 1� r ORDINANCE 2004- GL -ST- ETHICS -G -748 AN ORDINANCE AMENDING TITLE I (ADMINISTRATION); CHAPTER 10 (STATE GIFT BAN ACT), OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO IMPLEMENT THE PROVISIONS OF THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT (5 ILCS 430/1 -1, ET SEQ.) WHEREAS, the Illinois General Assembly has enacted the State Officials and Employees Ethics Act, 5 ILCS 430/1 -1, et seq , ( "Act ") which is a comprehensive revision of the State statutes regulating ethical conduct, political activities and the solicitation and acceptance of gifts by State officials and employees, and WHEREAS, pursuant to Section 70 -5 of the Act (5 ILCS 430/70 -5), all units of local government and school districts are required to adopt an ordinance or resolution regulating the political activities of, and the solicitation and acceptance of gifts by, their respective officers and employees, "in a manner no less restrictive" than the provisions of the Act, on or before May 19, 2004, and WHEREAS, the President and Board of Trustees of the Village of Oak Brook deems it necessary and advisable to amend the Village Code of the Village of Oak Brook to come into compliance with the provisions of the Act, 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 * Title 1, Chapter 10 of the Village Code is hereby amended by deleting the same in its entirety and replacing Chapter 10 as follows CHAPTER 10 STATE OFFICIALS AND EMPLOYEES ETHICS ACT SECTION. 1 -10 -1 ADOPTION OF ACT 1 -10 -2. ETHICS ADVISOR 1 -10 -3 PROHIBITED ACTS 1 -10 -4 PENALTY FOR VIOLATIONS 1 -10 -5- GENERAL EFFECTIVENESS 1 -10 -1 ADOPTION OF ACT: The regulations of Sections 5 -15 (5 ILCS 430/5 -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., (referred to in this chapter as the "Act ") 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 1 -10 -2 ETHICS ADVISOR: (A) The Village President, with the advice and consent of the Board of Trustees, shall designate an Ethics Advisor for the Village of Oak Brook The duties of the Ethics Advisor may be delegated to an officer or employee of the Village of Oak Brook unless the position has been created as an office by the Village of Oak Brook. Ordinance 2004- GL -ST- ETHICS -G -748 Amndng Title 1, Chap 10, Gift Ban Page 2 of 3 (B) The Ethics Advisor shall provide guidance to the officers and employees of the Village of Oak Brook concerning the interpretation of and compliance with the provisions of this Ordinance and State ethics laws The Ethics Advisor shall perform such other duties as may be delegated by the Board of Trustees 1 -10 -3 PROHIBITED ACTS: (A) The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any officer or employee of the village, is hereby prohibited. (B) The offering or making of gifts prohibited to be offered or made to any officer or employee of the village under the Act is hereby prohibited. (C) The participation in political activities prohibited for any officer or employee of the village under the Act is hereby prohibited (D) For purposes of this section, the terms `officer' and "employee" shall be defined as set forth in 5 ILCS 430/70 -5(c) 1 -10 -4 PENALTY FOR VIOLATIONS: The penalties for violations of section 1 -10 -2 of this chapter shall be the same as those penalties set forth in 5 ILCS 430/50 -5 for similar violations of the Act. 1 -10 -5 GENERAL EFFECTIVENESS: (A) This chapter does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of village officers and employees; provided that to the extent that any such existing ordinances or policies are less restrictive than the Act, the provisions of the Act shall prevail in accordance with the provisions of 5 ILCS 430/70 -5(a) (B) Any amendment to the Act that becomes effective after the effective date of this chapter shall, without formal action by the village board, be incorporated into this chapter by reference and shall be applicable to the solicitation, acceptance, offering and making of gifts and to prohibited political activities; provided, however, that any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this chapter by reference without formal action by the village board. (C) If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this chapter shall be deemed repealed, without further action by the village board, as of the date that the Illinois Supreme Court's decision becomes final and not subject to any further appeals or rehearings 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 chapter shall remain in full force and effect, and only that part of this chapter relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the village board Section 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law Section 3 All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict APPROVED THIS 11th day of May, 2004 Ordinance 2004- GL -ST- THICS -G -748 Amndng Title 1 p 10, Gift Ban ,.e" j Page 3 of 3 VIIIacle? resident PASSED THIS 11th day of May, 2004 Ayes Trsutees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis Nays. None Absent None ORDINANCE 2004- GL -ST- ETHICS -G -748 PAMPHLET BACK OF PAMPHLET AN ORDINANCE AMENDING TITLE 1 (ADMINISTRATION); CHAPTER 10 (STATE GIFT BAN ACT), OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO IMPLEMENT THE PROVISIONS OF THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT (5 ILCS 43011 -1, ET SEQ.) PUBLISHED IN PAMPHLET FORM BY ORDER OF THE CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS