Model Ethics Ordinance

The Illinois General Assembly recently passed and the Governor signed into law comprehensive changes to the ethics/gift ban laws. Although these changes were originally applicable only to the State, the final version, Public Acts 93-615 and 93-617, the State Officials and Employees Ethics Act, requires all units of local government and school districts to adopt and enforce equivalent restrictions on the ethical conduct of their officers and employees, excluding independent contractors. The ordinance is to be adopted by May 19, 2004.

The new law is a revision of State statutes regulating ethical conduct, political activities and the making and acceptance of gifts.

As a part of the new law, the Illinois Attorney General is required to develop a model ordinance to assist local governmental entities, such as townships and road districts, in complying with the requirements of the law. The model ordinance, which was made available earlier this month by the Attorney General’s office, is available for download above. Also available is a Guide to the Implementation of the Model Ordinance drafted by the Attorney General’s office.

Article 1 of the model ordinance contains definitions applicable to the Act.

Article 5 sets out prohibitions on political activities by officers and employees of local governments, (i.e., no officer or employee shall perform political activities during compensated time or require an employee to perform political activities as part of work duties, as condition of employment or during compensated time off.)

Article 10 regulates gifts being accepted by officers and employees of local governments, while Article 25 describes the penalties for violation of the ordinance.

A violation of the political activities portion of the ordinance can result in up to 364 days in jail and a fine not to exceed $2,500.

Please note that the designation of an ethics officer is not required by the new Act. However, the Attorney General’s office has included a section within the model ordinance providing the chief officer, with advice and consent of the governing body, the authority to designate an ethics advisor. The purpose of the advisor is to provide guidance regarding the compliance of the local government with the law (a person to coordinate ethics compliance activities and answer questions).

The law does not mandate the creation of a local government ethics commission, but the Attorney General states “it is strongly recommended.” The ordinance provides for a three-person ethics commission. Township officials should discuss with their township attorney the appropriate set-up for your specific township/road district. Suggestions include, but are not limited to, the three-person commission, a larger number, a joint commission with other townships within your county, or piggybacking on the county ordinance/commission.

The model ordinance should be considered a recommendation or starting point. The Act requires that a unit of local government enact regulations “no less restrictive” than those of the Act. The new law is silent as to the specifics of local governments enforcing the provisions of the Act.

We again recommend reviewing the model ordinance with your township attorney and using it as a basis for your ordinance. In the interest of consistency and enforcement, we recommend a township board and road district adopt the same ordinance using the same ethics commission structure.

This memo is not intended to be considered as legal advice. To ensure that your township and road district adopts an ordinance that meets your specific needs, we again encourage you to contact your township attorney.

Questions about the ordinance may be directed to the TOI Office toll free at (866) 897-4688, or to Michael Luke at the Attorney General’s Office, (217) 782-9070.