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VILLAGE OF CERRO GORDO

ORDINANCE NO. 444

 

AN ORDINANCE OF THE VILLAGE OF CERRO GORDO 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 et seq.), 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 the 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 Cerro Gordo 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 Cerro Gordo, in an effort to

Comply with the action required by Section 83, hereby pass and approve this Ordinance to bring the Village of Cerro Gordo in compliance with the dictates of the Act; and

 

            WHEREAS, the corporate authorities of the Village of Cerro Gordo 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 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 CERRO GORDO, ILLINOIS, AS FOLLOWS:

 

            Section 1:  The Code of Ordinances of the Village of Cerro Gordo is hereby amended with the addition of the following provisions:

 

I.

 

State Gift Ban Act

 

            Sec. A-101.     Adoption of Act.

 

            (a)        The State Gift Ban Act (5 ILCS 425 et seq,) 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.  All non-salaried appointed or elected

                        officials are exempted from the Act and the provisions of this order.

 

            Sec. A-102.     Ethics Officer.

 

                                    To the extent authorized by law and to the extent required by

                        Section 35 of the Act (5 ILCS 423/35), the Village President is appointed

                        To serve as the “ethics officer” of the Village.  The ethics officer’s duties

                        shall be as provided in Section 35.

 

            Sec. A-103.     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.)

 

            Sec. A-104.     Future Amendments to State Gift Ban Act.

 

                                    Any amendment to the State Gift Ban Act (5 ILCS 425/1 et. seq.)

                        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.

 

            Sec. A-105.     Future Declaration of Unconstitutionality of State Gift Ban

 

            (a)  If the Illinois Supreme Court declares the State Ban Act (5 ILCS 425/1 et seq.) 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 future 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 Illinois Supreme Court.

 

            (b)  If the Illinois Supreme Court declares part of the State Gift Ban Act (5 ILCS 425/1 et seq.) 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.

 

SECTION 2:  This Ordinance shall be in effect upon its passage, approval and publication as provided by law.

 

PRESENTED AND PASSED, APPROVED AND RECORDED this 21 day of June, 1999.

 

                                                                                    ______________________________

                                                                                    James K. Morgan, Village President

 

Roll Call Date

 

            Voting in favor: 6

            Voting against:  0

            Not voting:                   0

 

            Attest:                                                              ______________________________

                                                                                                   VILLAGE CLERK

                                                                                                            Seal