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HomeMy WebLinkAboutOrdinance #1798ORDINANCE NO. 1798 AN ORDINANCE IMPLEMENTING THE PROVISIONS OF THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT (5 ILCS 430/1-1 ET SEQ.) IN THE CITY OF CANTON 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 City desires to come into compliance with the provisions of the Act; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, as follows: SECTION 1: That Title 1 of the Canton City Code is hereby amended by adding a new Section 1-19-1 thereto which shall read in its entirety as follows: "SECTION 1-19-1: STATE OFFICIALS AND EMPLOYEES ETHICS ACT: A. 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., (hereinafter referred to as the "Act" in this Section) are hereby adopted by reference and made applicable to the officers and employees of the City 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 City, is hereby prohibited. C. The offeruig or making of gifts prohibited to be offered or made to an officer or employee of the City under the Act, is hereby prohibited. D. The participation in political activities prohibited. under the Act, by any officer or employee of the City, 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. The penalties for violations of this Section shall be the same as those penalties set forth in 5 ILCS 430/50-5 for similar violations of the Act. G. This Section does not repeal or otherwise amend or modify any existing ordinances or policies, which regulate the conduct of City 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 City. I. If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this Section shall be repealed as of the date that the Illinois 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 City if the Act is found unconstitutional by the Illinois Supreme Court. J. 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 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 City." SECTION 2: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. 2 PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 18th day of P'1ay , 2004 , upon a roll call vote as follows: AYES: Aldermen Sarff, Fillingham, rlolleck, Harn, Carl, Hartford, Reed, West, NAYS: None. ABSENT: None, APPROVED: Je M. Bohler, Mayor ATTEST: ancy Whit ,City Clerk Published by me in pamphlet form this ~ LG~ day of , 2004. 1~ Ci y Clerk CITY OF CANTON 2 North Main, Canfon, Illinois 61520 • Telephone 309/647-0065 • FAX 309/647-1310 Jerry M. Bohler, Naylor Nancy S. Whites, ciryc~erx Patty Begird Franzoni, C!ry Treasurer Ronald J. Weber, C-tyAttomey Linda Caudle, PubHC Re/aUona Coordinator Memo Date: 4/30/04 To: Mayor Bohler and City Council From Ron Weber, City Attorney RE: Ethics Ordinance To comply with State Statue the attached ordinance will supplement or replace the city's current ordinance 2-11-1 of the municipal code regarding the Gift Ban Act. If you would lice to acquire more information pertaining to this Act visit the Illinois Municipal League website (www.iml.org). ~~ CITY OF CANTON 2 North Main, Canton, Illinois 61520 • Telephone 309/647-0065 • FAX 309/647-1310 Jeny M. Bohler, Mayor Nancy S. Whites, aryc~era Patty Beaird Franzoni, cny treasurer Ronald J. Weber, cnyanomey Linda Caudle, Publk Relations Coo-dlneror FASCIMILE TRANSMITTAL LETTER DATE: ~ ~ ~ ` d NO.OF PAGES: (Including this cover page) TO: FROM: Attn: Company: Fax No. Re: V~ 11.0G " Comments: i~~~~~~'" ~~..d~ ~ ~ ;,~,eP.~.~~~ ~~J MEMO To: News Media From: Nancy Whites, City Clerk ~~ ' W Subj: Executive Session Date: May 21, 2004 The Mechanical Committee of Negotiations, Grievance & Personnel of the City of Canton will hold an Executive Session on May 25'" to discuss Public Works Contract. The executive session will be held immediately following the committee meeting.