HomeMy WebLinkAboutO-99-31ORDINANCE NO. 0 -99- 31
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)
IN THE VILLAGE OF DEERFIELD
Published in pamphlet form this
22ndilay of June , 1999
by the President and Board of
Trustees of Deerfield.
JESTANSF 231733 v June 31 1999
ORDINANCE NO. 0 -99- 31
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)
IN THE VILLAGE OF DEERFIELD
WHEREAS, the General Assembly has enacted the State Gift Ban Act (P.A. 90 -737; House
Bill 672; 5 ILCS 425/1 et seMc .), 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 President and Board of Trustees of the Village of Deerfield 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 Deerfield, in an effort to comply with
the action required by Section 83, hereby pass and approve this Ordinance to bring the Village of
Deerfield in compliance with the dictates of the Act; and _
WHEREAS, the corporate authorities of the Village of Deerfield 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 DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS
FOLLOWS:
SECTION That the State Gift Ban Act (5 ILCS 425 et seq.) is hereby adopted as
ONE: required by Section 83 of the Act (5 ILCS 425/83). The solicitation or the
JESTANSF 231733 vi June 3, 1999
ORDINANCE NO. 0 -99- 31
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)
IN THE VILLAGE OF DEERFIELD
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 of Deerfield.
SECTION That to the extent authorized by law and to the extent required by Section
TWO: 35 of the Act (5 ILCS 425/35), Village Attorney is appointed to
serve as the "ethics officer" of the Village of Deerfield. The ethics officer's
duties shall be as provided in Section 35.
SECTION That all complaints for violations of the Act and this Ordinance shall be
THREE: filed with the State legislative ethics commission (created by Section
45(a)(6) of the Act).
SECTION This Ordinance does not repeal or otherwise amend or modify the Village's
FOUR: Code of Ethics set fourth in Section III of the Village's Personnel Manual
(The "Code of Ethics "). To the extent that the Code of Ethics is less
restrictive than this Ordinance, then the provisions of this Ordinance shall prevail in accordance with
the provisions of Section 95 of the Act (5 ILCS 425/95).
SECTION That any amendment to the State Gift Ban Act (5 ILCS 425/1 et SeMc .) that
FIVE: 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 of Deerfield.
SECTION That if the Illinois Supreme Court declares the State Gift Ban Act (5 ILCS
SIX: 425/1 et SeMc .) 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 of Deerfield if the Act is found
unconstitutional by the Illinois Supreme Court. If the Illinois Supreme Court declares part of the
State Gift Ban Act (5 ILCS 425/1 et sue.) 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 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 of Deerfield.
JESTANSF 231733 vi June 3, 1999 2
ORDINANCE NO. 0 -99- 31
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)
IN THE VILLAGE OF DEERFIELD
SECTION That this Ordinance shall be in full force and effect from and after its
SEVEN: passage, approval and publication as provided by law.
AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6)
NAYS: None (0 )
ABSENT: None (0 )
PASSED: This 21stday of June
APPROVED: This 2lsWay of June
ATTEST:
VIL GE CLERK
1ESTANSF 231733 v June 3, 1999 3
A.D., 1999.
A.D., 1999.
Okl-- - � �- �- r
VILLAGE PRESIDENT