CODE OF SOUTH JACKSONVILLE
§ 30.001 LOCAL PLANNING COMMISSION.
(A) Purpose. In order that adequate provisions be made for the preparation of a comprehensive village plan for the guidance, direction, and control of the growth and development of the village, a Plan Commission, which shall be a department of the village government, is hereby created under authority of an act of the general assembly of the state entitled “The Revised Cities and Villages Act”, being 65 ILCS 5/1 et seq., approved August 15, 1941 and effective January 1, 1942 and as amended.
(B) Membership. Said Plan Commission shall consist of seven members who are to be citizens of the village. Henceforth, no person shall be a member of the Plan Commission at the same time he or she holds any other office or position with the village and any such persons presently serving shall do so until expiration of their term or their earlier resignation from the Plan Commission.
(C) Term of office. All present members of the Plan Commission shall continue in office until expiration of their terms and thereafter they or their successors shall be appointed to serve for a period of three years. Vacancies shall be filled by appointments for unexpired terms only. All members of the Commission shall serve without compensation except that, if the Village Board of Trustees deems it advisable, the Secretary may receive such compensation as may be fixed from time to time by said Board of Trustees and provided for in the appropriation ordinance.
(D) Procedure. Immediately following their appointment, the members of the Plan Commission shall meet, organize, elect such officers as it may deem necessary, and adopt and later change or alter rules and regulations of organization and procedure consistent with the village ordinances and state laws. The Commission shall keep written records of its proceedings, which shall be open at all times to public inspection. The Commission shall also file an annual report with the President of the Board of Trustees and the Village Board of Trustees setting forth its transactions and recommendations.
(E) Powers and duties. Said Plan Commission shall have the following powers and duties:
(1) To prepare and recommend to the Board of Trustees of the village a comprehensive plan of public improvements, looking to the present and future development and growth of said village. Such plan after its adoption by the Board of Trustees will be known as the official plan of the village, such plan shall include reasonable requirements in reference to streets, alleys, and public grounds within the corporate limits and in contiguous territory outside of and distant not more than one and one-half miles from such limits, and not included in any municipality, such requirements to be effective whenever such lands shall be subdivided after the adoption of such plan;
(2) To prepare and recommend to the Board of Trustees of the village from time to time such changes in the plan or any part thereof as may be deemed necessary by the Village Board of Trustees or by the Plan Commission;
(3) To prepare and recommend to the Village Board of Trustees from time to time plans and/or recommendations for specific improvements in pursuance of such officials plan;
(4) To give aid to the officials of the village charged with the direction of projects for improvements embraced within the official plan, to further the making of such improvements and generally to promote the realization of the official plan;
(5) To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding;
(6) To cooperate with municipal or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area; and
(7) To exercise such other powers germane to the powers granted under authority of an act of the General Assembly of the state entitled “The Revised Cities and Villages Act”, being 65 ILCS 5/1 et seq., approved on August 15, 1941 and effective January 1, 1942 as amended, as may be conferred by the Village Board of Trustees.
(F) Land subdivision. Following the adoption of an official plan in the manner prescribed in this act no map or plat of any subdivision presented for record effecting land within the corporate limits of the village, or in contiguous territory outside of and distant not more than one and one-half miles from such limits and not included in any other municipality shall be entitled to record or shall be valid unless the subdivision thereon shall provide for streets, alleys, and public grounds in conformity with any requirement applicable thereto to such official plan.
(G) Improvements. The Village Clerk shall furnish the Plan Commission for its consideration a copy of all ordinances, plans, and data relative to public improvements of any nature. The Plan Commission may report in relation thereto if it deems a report necessary or advisable for consideration of the Village Board of Trustees.
(H) Expenditures. The Commission may at the discretion of the Board of Trustees employ necessary help whose salaries, wages, and other necessary expenses shall be provided for by adequate appropriation made by the Board of Trustees from the public funds. If said Plan Commission shall deem it advisable to secure technical advice or services, it may be done upon authority from the Board of Trustees and appropriation by the Board of Trustees therefor.
(Ord. 267, passed 6-19-1958; Ord. 714, passed 4-7-1993)
§ 30.020 DEPUTY CLERK.
Pursuant to 65 ILCS 5/3.1-30-10, the Municipal Clerk be and hereby is authorized to appoint one Deputy Clerk.
(Ord. 587, passed 6-2-1983)
§ 30.021 RESIDENCY OF DEPARTMENT HEADS.
Effective upon the passing of this section, village department heads shall reside within the county.
(Ord. 1093, passed 9-3-2020)
§ 30.035 RULES FOR ATTENDANCE AT BOARD MEETINGS BY VIDEO OR AUDIO CONFERENCE.
The President and Trustees of the village may attend a meeting held for the purpose of discussing public business by video or audio conference if the following conditions are satisfied:
(A) A quorum of the Board of Trustees or Committee thereof is physically present at the time and place set forth in the posted notice for the meeting;
(B) The member wishing to attend by video or audio conference is prevented from physically attending the meeting because of: personal illness or disability; employment purposes or the business of the village; or a family or other emergency;
(C) The member wishing to attend by video or audio conference notifies the Village Clerk before the meeting unless advance notice is impractical;
(D) A majority of the Board of Trustees or committee thereof is physically present at the time and place set forth in the posted notice and vote in favor of allowing the physically absent member to attend by video or audio conference; and
(E) All members of the Board of Trustees or a committee thereof, including a member participating by video or audio conference, and members of the public and media attending the meeting (except when the Board of Trustees or a committee thereof is meeting in closed session) are able to hear the discussion, comments, and votes made by each member of the Board of Trustees or committee thereof.
(Ord. 961, passed 4-12-2012)
§ 30.036 PUBLIC PARTICIPATION DURING PUBLIC MEETINGS.
(A) During the open session portion of all meetings of the Board of Trustees and of committees established by the Board of Trustees, each citizen addressing the Board or committee shall be limited to five minutes, unless authorized to speak longer by a majority vote of the Trustees or committee persons then voting.
(B) Each citizen shall confine his or her remarks to issues or business relating to or impacting the village.
(C) Before being permitted to address the Board of Trustees or a committee, each citizen shall be required to sign a registration card, to be designed by the Village Clerk, stating his or her name, address, and proposed topic.
(Ord. 948, passed 6-3-2011)
§ 30.037 BOARD MEETINGS.
(A) The Village President and the Board of Trustees shall hold their regular meetings on the first Thursday of each month in the Village Hall in the said village.
(B) Such regular meeting shall not be held at any other time or place without a public notice to that effect made pursuant to a special resolution of said Board.
(C) All special meetings shall be held in the Village Hall unless some other place is agreed upon in said village.
(D) But the Village Board shall hold no meeting at any other place than the Village Hall without causing public outcry to be made that the Village Board is in session at such place.
(E) The Village Board shall sit at all times with open doors and shall keep a journal of its proceedings, and may elect a temporary Chairperson in the absence of the President.
(F) The Village President or any three Trustees may call special meetings of the Village Board.
(Ord. 807, passed 9-2-1999)
§ 30.038 EXPENSE ACCOUNTS.
The President and each Trustee shall be reimbursed for expenses incurred by him or her in the performance of his or her duties as such President or Trustee and said reimbursement shall be paid monthly in an amount equal to the monthly salary of the said village officials and the same shall be payable simultaneously with the monthly salary of said village officials.
(Ord. 403, passed 10-21-1971)
§ 30.050 FULL-TIME EMPLOYEE DEFINITION.
A person shall be designated a FULL-TIME EMPLOYEE of said village if such person has been in the employ of the village for a period of six consecutive months or more and who is employed for at least 30 hours per week.
(Res. passed 1-4-1973)
§ 30.051 PARTICIPATION IN THE STATE MUNICIPAL RETIREMENT FUND.
(A) The village does hereby elect to participate in the State Municipal Retirement Fund, effective January 1, 1988.
(B) The standard for IMRF participation shall be a position normally requiring performance of duty for 1,000 hours per year.
(C) The Clerk was directed to promptly file a certified copy of this section with the Board of Trustees of the State Municipal Retirement Fund.
(Ord. 642, passed 7-2-1987)
§ 30.052 PREVAILING WAGE RATE ADOPTED BY REFERENCE.
The Prevailing Wage Rates Ordinance (Ord. 1068) is hereby adopted by reference and incorporated herein as if set out in full.
(Ord. 1068, passed 7-5-2018)
§ 30.065 TITLE, SCOPE, AND PURPOSE.
(A) This subchapter shall be identified and referred to as the “Personnel Ordinance of the Village of South Jacksonville, Illinois”, and shall apply to all employees of all departments, agencies, and offices responsible to the Board President, except those positions specifically exempted by other provisions of the village ordinances.
(B) (1) The purpose of this subchapter is to establish a comprehensive system of employment that ensures that all personnel transactions affecting village employees shall be made on the basis of merit and proficiency as demonstrated by examination, training, education, performance based evaluation, and other evidences of competence.
(2) All personnel administration shall be based on merit principles and scientific methods of employment. Employees are in an employment at will relationship with the village and nothing in this subchapter or its rules and regulations is intended to change the at will relationship.
(Ord. 748, passed 12-7-1995)
§ 30.066 EQUAL EMPLOYMENT OPPORTUNITY.
(A) Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration because of political opinions or affiliations, religion, race, color, national origin, or other non-merit factor is prohibited. Discrimination on the basis of age, sex, or disability is prohibited except where specific requirements constitute a bona fide occupational qualification necessary to the performance of the essential functions of a position.
(B) The Board President shall develop and implement an equal employment opportunity plan for the village as an integral part of the personnel system.
(Ord. 748, passed 12-7-1995)
§ 30.067 PERSONNEL SYSTEM ADMINISTRATION.
(A) The personnel system shall be administered by the Board President or a designee of the Board President.
(B) A committee of the Village Board of Trustees appointed by the Board President shall oversee the personnel operation.
(Ord. 748, passed 12-7-1995)
§ 30.068 POSITION CLASSIFICATION PLAN.
(A) The Board President shall develop a uniform classification plan for the village governing the development of position classifications and allocations of employees into the appropriate classification representing the performance of duties expected of the employee. The classifications are descriptive and not restrictive. They are to indicate generally the kinds of activity performed by the established classification.
(B) The classification plan shall include an inventory of all positions in the village service. The inventory of classifications and/or any amendments thereto shall be submitted to the Village Board of Trustees for approval annually in conjunction with the adoption of the village budget.
(C) The classification plan shall be completely reviewed at least every three years.
(Ord. 748, passed 12-7-1995; Ord. 1086, passed 1-29-2020)
§ 30.069 PAY PLAN.
(A) The Board President, based upon authority of a majority of the Board members, shall develop a uniform pay administration plan governing employees of the village, except employees specifically exempted by the village ordinance.
(B) The pay plan shall assign a range of pay for each classification to be paid to employees employed within the classification. The range of pay shall have a minimum and a maximum amount. Employees shall not be paid an amount greater than the assigned pay range for a classification unless specifically authorized by the Board President under a red-circled provision.
(C) Pay advancements for an employee within the respective ranges of pay shall be based on a review of the employee’s performance for the period immediately prior to the intended adjustment and provided the Village Board of Trustees authorizes the expenditure of funds in the annual budget. No pay adjustment may be given to any employee who has received unsatisfactory performance evaluation for the period immediately prior to the intended date of adjustment.
(D) The pay plan may also establish bonus pay provisions which allow for non-base building payments to employees. Such provisions may include productivity incentives, award programs, length of service recognition, and other special payment availability as determined by the Board President, provided adequate funding is provided in the annual budget by the Village Board of Trustees.
(E) The assignment of pay ranges to classifications shall be reviewed at least every three years.
(F) The assignment of pay ranges and/or any amendments thereto shall be submitted to the Village Board of Trustees for approval annually in conjunction with the adoption of the village budget.
(Ord. 748, passed 12-7-1995)
§ 30.070 EMPLOYEE BENEFITS.
(A) The Board President shall develop a benefit plan and revisions thereto for employees of the village which may include any of the following benefits: sick leave; holiday leave; vacations; special leaves; medical and hospitalization insurance; life insurance; bereavement leave; Internal Revenue Code (being U.S.C. Title 26) authorized cafeteria benefit plans; deferred compensation plans; educational and training programs; and other programs commonly provided to municipal employees.
(B) The benefit plan and its revisions shall be provided to the Village Board of Trustees by the Board President at least annually for review and revision and approval in conjunction with the annual budget.
(Ord. 748, passed 12-7-1995)
§ 30.071 GRIEVANCE PROCEDURE.
The Board President shall develop and promulgate a grievance procedure to provide for a review of employment decisions made by the village to be used by village employees. The final step of the procedure shall be in the office of the Board President. The procedure shall exempt reviews of employee discharges from the procedure.
(Ord. 748, passed 12-7-1995)
§ 30.072 PERFORMANCE EVALUATION SYSTEM.
(A) The Board President shall develop and implement a performance evaluation system governing all employees of the village.
(B) The performance evaluation system shall provide for periodic reviews of job performance for every employee of the village, which shall be performed at least annually. No pay adjustment shall be made unless a performance evaluation showing satisfactory performance has been conducted in conjunction with the intended adjustment.
(C) Written performance reviews shall be conducted at least three times during an employee’s probationary period, the last of which shall be conducted at least one week before completion of the probationary period.
(D) Performance reviews shall be conducted at least once during the qualifying period after promotion, which shall be conducted no later than one week before the end of the qualifying period is completed.
(E) The performance evaluation system shall provide:
(1) For employee involvement in development of goals and performance expectations for the employee within the respective classification to which the employee is assigned;
(2) For implementation of special review periods after an unsuccessful evaluation is given to an employee;
(3) For adjustment of performance and expectations when an employee’s job is substantially changed during the period of evaluation; and
(4) For involvement of the employee’s supervisors and the Board President.
(Ord. 748, passed 12-7-1995)
§ 30.073 REGULATION OF EMPLOYMENT.
(A) The Board President shall have the authority to regulate all of the terms and conditions of employment of employees of the village.
(B) The Board President shall have authority to represent the village in the meet and confer activities and/or in negotiations with employee organizations.
(Ord. 748, passed 12-7-1995)
§ 30.074 APPOINTMENT TO VILLAGE EMPLOYMENT.
(A) The Board President shall make all appointments to village employment except those reserved by other village ordinances.
(B) All persons who are appointed to village employment shall serve an initial probationary period of at least 12 months. During the probationary period, the employee shall have no right to use the grievance procedure.
(C) Department heads shall be appointed by the Board President and shall serve at the pleasure of the Board President.
(D) Positions in village employment may be filled by the Board President by promotion of qualified current village employees. Employees promoted shall be required to serve a qualifying period of at least three months after promotion to demonstrate relative competency in the position. Failure to successfully complete the qualifying period shall result in return of the employee to the position from which promoted providing the former position is vacant. Failure to complete the qualifying period is not subject to the grievance procedure.
(E) No person shall willfully or corruptly make any false statement, certificate, rating, or report in regard to any test, certification, or appointment held or made under personnel rules, policies, and procedures of the village, or in any manner commit or attempt to commit any fraud preventing the impartial administration of the rules, policies, and regulations made hereunder.
(Ord. 748, passed 12-7-1995) Penalty, see § 30.999
§ 30.075 EMPLOYEE HANDBOOK.
An employee handbook shall be developed by the Board President for distribution to employees.
(Ord. 748, passed 12-7-1995)
§ 30.076 RULES AND REGULATIONS.
(A) The Board President shall cause rules and regulations and revisions thereto to be developed and implemented to carry out the provisions of this subchapter. Such rules and regulations and revisions shall be provided to the Village Board of Trustees for approval.
(B) The Board President shall develop such policies, procedures, and forms as are necessary to carry out the provisions of this subchapter and its implementing rules and regulations.
(Ord. 748, passed 12-7-1995)
§ 30.090 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMPAIGN FOR ELECTIVE OFFICE. Any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities: relating to the support or opposition of any executive, legislative, or administrative action; relating to collective bargaining; or that are otherwise in furtherance of the person’s official duties.
CANDIDATE. A person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in § 1-3 of the Election Code (10 ILCS 5/1-3).
COLLECTIVE BARGAINING. The same meaning as that term is defined in § 3 of the Illinois Public Labor Relations Act (5 ILCS 315/3).
COMPENSATED TIME. With respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this subchapter, does not include any designated holidays, vacation periods, personal time, compensatory time off, or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, COMPENSATED TIME includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.
COMPENSATORY TIME OFF. Authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.
CONTRIBUTION. The same meaning as that term is defined in § 9-1.4 of the Election Code (10 ILCS 5/9-1.4).
EMPLOYEE. A person employed by the village, whether on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.
EMPLOYER. The Village of South Jacksonville.
GIFT. Any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food, and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.
LEAVE OF ABSENCE. Any period during which an employee does not receive: compensation for employment; service credit towards pension benefits; and health insurance benefits paid for by the employer.
OFFICER. A person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity.
POLITICAL ACTIVITY. Any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities: relating to the support or opposition of any executive, legislative, or administrative action; relating to collective bargaining; or that are otherwise in furtherance of the person’s official duties.
POLITICAL ORGANIZATION. A party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under § 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk.
PROHIBITED POLITICAL ACTIVITY.
(1) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event;
(2) Soliciting contributions including, but not limited to, the purchase of, selling, distributing, or receiving payment for tickets for any political fund-raiser, political meeting, or other political event;
(3) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution;
(4) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question;
(5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question;
(6) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question;
(7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls;
(8) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question;
(9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office;
(10) Preparing or reviewing responses to candidate questionnaires;
(11) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question;
(12) Campaigning for any elective office or for or against any referendum question;
(13) Managing or working on a campaign for elective office or for or against any referendum question;
(14) Serving as a delegate, alternate, or proxy to a political party convention; and/or
(15) Participating in any recount or challenge to the outcome of any election.
PROHIBITED SOURCE. Any person or entity who:
(1) Is seeking official action by an officer or by an employee, or by the officer or another employee directing that employee;
(2) Does business or seeks to do business with the officer or with an employee, or with the officer or another employee directing that employee;
(3) Conducts activities regulated by the officer or by an employee, or by the officer or another employee directing that employee; or
(4) Has interests that may be substantially affected by the performance or nonperformance of the official duties of the officer or employee.
(Ord. 876, passed 5-6-2004)
§ 30.091 PROHIBITED POLITICAL ACTIVITIES.
(A) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the village in connection with any prohibited political activity.
(B) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity: as part of that officer or employee’s duties; as a condition of employment; or during any compensated time off (such as holidays, vacation, or personal time off).
(C) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity.
(D) Nothing in this section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this subchapter.
(E) No person either in a position that is subject to recognized merit principles of public employment, or in a position the salary for which is paid in whole or in part by federal funds and that is subject to the federal standards for a merit system of personnel administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club.
(Ord. 876, passed 5-6-2004) Penalty, see § 30.999
§ 30.092 GIFT BAN; EXCEPTIONS.
(A) Gift ban. Except as permitted by this section, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as RECIPIENTS), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this division (A).
(1) Division (A) above is not applicable to the following:
(a) Opportunities, benefits, and services that are available on the same conditions as for the general public;
(b) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value;
(c) Any contribution that is lawfully made under the Election Code or activities associated with a fund-raising event in support of a political organization or candidate;
(d) Educational materials and missions;
(e) Travel expenses for a meeting to discuss business;
(f) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual’s spouse and the individual’s fiancé or fiancee;
(g) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members;
(h) Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are: consumed on the premises from which they were purchased or prepared; or catered. For the purposes of this division (B), CATERED means food or refreshments that are purchased ready to consume which are delivered by any means;
(i) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances;
(j) Intra-governmental and inter-governmental gifts. For the purpose of this Act, INTRA-GOVERNMENTAL GIFT means any gift given to an officer or employee from another officer or employee, and INTER-GOVERNMENTAL GIFT means any gift given to an officer or employee by an officer or employee of another governmental entity;
(k) Bequests, inheritances, and other transfers at death; and
(l) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.
(2) Each of the exceptions listed in this division (B) are mutually exclusive and independent of every other.
(C) Disposition of gifts. An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this subchapter if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under § 501(c)(3) of the Internal Revenue Code of 1986 (being U.S.C. Title 26), as now or hereafter amended, renumbered, or succeeded.
(Ord. 876, passed 5-6-2004) Penalty, see § 30.999
§ 30.093 ETHICS ADVISOR.
(A) The Village President, with the advice and consent of the Board of Trustees shall designate an Ethics Advisor for the village. The duties of the Ethics Advisor may be delegated to an officer or employee of the village unless the position has been created as an office by the village.
(B) The Ethics Advisor shall provide guidance to the officers and employees of the village concerning the interpretation of and compliance with the provisions of this subchapter and state ethics laws. The Ethics Advisor shall perform such other duties as may be delegated by the Board of Trustees.
(Ord. 876, passed 5-6-2004)
§ 30.094 ETHICS COMMISSION.
(A) In order to effectively manage the receipt of complaints concerning violations of this policy, as soon as possible after a complaint is filed, the Village President shall appoint a three member Ethics Commission. If the Village President is the subject of the complaint, the Board of Trustees shall perform this duty. Commission members may be any village resident, except that no person shall be appointed who is related, either by blood or by marriage, up to the degree of first cousin, to the person who is the subject of the complaint.
(B) At the Commission’s first meeting, the Commissioners shall choose a Chairperson from its number. Meetings shall be held at the call of the Chairperson or any two Commissioners. A quorum shall consist of two Commissioners, and official action by the Commission shall require the affirmative vote of two members. The Commission shall have the following powers and/or duties:
(1) To adopt procedures and timelines to manage a complaint and determine the complaint’s disposition;
(2) To investigate a complaint, conduct hearings, and receive information pertaining to it;
(3) To request the assistance of an attorney;
(4) To issue recommendations for disciplinary actions and/or refer violations to the village’s attorney for prosecution. The Commission shall, however, act only upon the receipt of a written complaint alleging a violation of this policy and not upon its own prerogative;
(5) To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligation of all officers and employees of the village to cooperate with the Commission during the course of its investigations. Failure or refusal to cooperate with requests by the Commission shall constitute grounds for discipline or discharge; and
(6) The powers and duties of the Commission are limited to matters clearly within the purview of this policy.
(C) (1) Within three business days after the receipt of a complaint, the Commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The Commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within three business days after receipt by the Commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed.
(2) (a) Upon not less than 48 hours’ public notice, the Commission shall meet to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this subchapter, to determine whether there is probable cause, based on the evidence presented by the complainant, to proceed. The meeting may be closed to the public to the extent authorized by the Open Meetings Act, being 5 ILCS 120/1. The Commission shall issue notice to the complainant and the respondent of the Commission’s ruling on the sufficiency of the complaint and, if necessary, on probable cause to proceed within seven business days after receiving the complaint.
(b) If the complaint is deemed sufficient to allege a violation of § 30.092 and there is a determination of probable cause, then the Commission’s notice to the parties shall include a hearing date scheduled within four weeks after the complaint’s receipt. Alternatively, the Commission may elect to notify in writing the attorney designated by the corporate authorities to prosecute such actions and request that the complaint be adjudicated judicially. If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public.
(c) If the complaint is deemed sufficient to allege a violation of § 30.091, then the Commission shall notify in writing the attorney designated by the corporate authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the Commission concerning the alleged violation.
(3) On the scheduled date and upon at least 48 hours’ public notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence. The hearing may be closed to the public only if authorized by the Open Meetings Act, being 5 ILCS 120/1.
(4) Within 30 days after the date the hearing or any recessed hearing is concluded, the Commission shall either: dismiss the complaint; or issue a recommendation for discipline to the alleged violator and to the Village President or other officer having authority to discipline the officer or employee, or impose a fine upon the violator, or both. The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information.
(5) (a) If the hearing was closed to the public, the respondent may file a written demand for a public hearing on the complaint within seven business days after the issuance of the recommendation for discipline or imposition of a fine, or both.
(b) The filing of the demand shall stay the enforcement of the recommendation or fine.
(c) Within 14 days after receiving the demand, the Commission shall conduct a public hearing on the complaint upon at least 48 hours’ public notice of the hearing and allow both parties the opportunity to present testimony and evidence.
(d) Within seven days thereafter, the Commission shall publicly issue a final recommendation to the alleged violator and to the Village President or other officer having authority to discipline the officer or employee, or impose a fine upon the violator, or both.
(6) If a complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under division (C)(4) above within seven days after the complaint is filed, and during the seven days preceding that election, the Commission shall render such decision before the date of that election, if possible.
(7) A complaint alleging the violation of this must be filed within one year after the alleged violation.
(Ord. 876, passed 5-6-2004) Penalty, see § 30.999
§ 30.999 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) A person who intentionally violates any provision of § 30.091 may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.
(2) A person who intentionally violates any provision of § 30.092 is subject to a fine in an amount of not less than $1,001 and not more than $5,000.
(3) Any person who intentionally makes a false report alleging a violation of any provision of this subchapter to the local enforcement authorities, the State’s Attorney, or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.
(4) (a) A violation of § 30.091 shall be prosecuted as a criminal offense by an attorney for the village by filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt.
(b) A violation of § 30.092 may be prosecuted as a quasi-criminal offense by an attorney for the village, or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure.
(5) In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of §§ 30.091 or 30.092 is subject to discipline or discharge.
(C) The Commission may fine any person who intentionally violates any provision of § 30.092 in an amount of not less than $1,001 and not more than $5,000. The Commission may fine any person who knowingly files a frivolous complaint alleging a violation of § 30.090 through § 30.094 in an amount of not less than $1,001 and not more than $5,000. The Commission may recommend any appropriate discipline up to and including discharge.
(Ord. 876, passed 5-6-2004)