NEW ITEMS
Meeting of the
County Board Room,
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* * * * * * * *
PROPOSED CONTRACT ADDENDUM
ITEM #1
Transmitting
a Communication, dated
JOHN
T. JOINER, Director, Department of Facilities Management
please
place the following item on the
Requesting
authorization for the Purchasing Agent to increase by $149,700.00 and extend by
one month Contract No. 00-53-1307 with We Clean Maintenance & Supplies,
Inc., to provide janitorial, snow removal and other related building
maintenance services at the Juvenile Temporary Detention Center.
|
Board approved amount |
$5,389,200.00 |
|
Previous increase approved Previous increase approved This increase requested: |
9,999.00 15,000.00 149,700.00 |
|
Adjusted amount: |
$5,563,899.00 |
|
Reason: |
This
request is to allow for the continuation of vital services and provide
additional time for various departments to complete their review of the bid
documents for the new contract, which were opened on |
Estimated
Fiscal Impact: $149,700.00. Contract extension:
_________________________
Commissioner Silvestri, seconded by Commissioner
Suffredin, moved to suspend the rules so that this matter may be
considered. The motion carried
unanimously.
Commissioner Daley, seconded by Commissioner Butler,
moved that the County Purchasing Agent be authorized to increase and extend the
requested contract. The motion
carried unanimously.
CONTRACT ADDENDUM
ITEM #2
Transmitting a Communication,
dated
WALLY S. KOS,
P.E., Superintendent of Highways
Re: Contract Extension
Sign Panel Assembly Maintenance
Section No.:
03-8SPAM-24-GM
The
Department respectfully requests that your Honorable Body approve the extension
of the contract for Sign Panel Assembly Maintenance known as 03-8SPAM-24-GM
between Barricade Lites, Inc.,
The
contract for the referenced services was awarded on
CONTRACT ADDENDUM continued
ITEM #2 cont’d
The
existing contract provides that in the event the superceding contract is not
authorized prior to its termination date, the Department may extend the contract
to ensure services are continued until your Honorable Body executes a new
contract. As a result, permission is
requested to extend the subject contract through
Sufficient
funds are available for the extension.
Contract extension:
_________________________
Commissioner
Silvestri, seconded by Commissioner Suffredin, moved to suspend the rules so
that this matter may be considered. The motion carried unanimously.
Commissioner
Hansen, seconded by Commissioner Silvestri, moved that the County Purchasing
Agent be authorized to extend the requested contract. The
motion carried unanimously.
PROPOSED RESOLUTION
ITEM #3
Submitting
a Proposed Resolution sponsored by
JOHN
H. STROGER, JR., President,
Co-Sponsored
by
JERRY BUTLER, FORREST CLAYPOOL, EARLEAN COLLINS,
JOHN P. DALEY,
GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO,
JOSEPH MARIO
JOAN PATRICIA MURPHY, ANTHONY J. PERAICA, MIKE
QUIGLEY, PETER N. SILVESTRI,
DEBORAH SIMS, BOBBIE L. STEELE and LARRY SUFFREDIN,
PROPOSED RESOLUTION
WHEREAS, Almighty God in His infinite wisdom has called famed
singer and actress, Etta Moten Barnett, from our midst; and
WHEREAS, a native of
WHEREAS, Etta was steeped in religion and was very active in
programs provided by the six churches her father pastored in
WHEREAS, when the family moved to
WHEREAS, Etta's vocal gifts led to a touring opportunity with
the Jubilee Sisters and her introduction to a prominent musician, Dr. Eva
Jessye, who encouraged Etta to move to New York and make an attempt at a career
as a professional entertainer; and
WHEREAS, upon arriving in
WHEREAS, Dr. Jessye's steady encouragement and nurturing soon
led to a series of life changing events for Etta. Dr. Jessye just so happened to prepare the
choral arrangements for one our nation's most famous songwriters, George
Gershwin. She introduced Etta to Mr. Gershwin,
who immediately pegged her for the role of Bess, in the opera "Porgy and
Bess"; and
WHEREAS, due to the fact that Etta was already signed to
appear in the film "Flying Down to Rio" with legendary actors Ginger
Rogers and Fred Astaire, she was unable to immediately accept the role; and
WHEREAS, it wasn't until 1942 when Etta would actually play
the role of Bess, a role with which she will forever be associated; and
PROPOSED RESOLUTION continued
ITEM #3 cont’d
WHEREAS, Etta's vocal talents would ultimately take her around
the globe, but her sense of values and social conscience kept her grounded; and
WHEREAS, with the passing of Etta Moten Barnett, we have lost
a brilliant vocalist, actress and educator who toured the world, walked among
royalty, yet never lost the common touch.
Etta Moten Barnett brought dignity and grace to every endeavor she
undertook and, up until her last moments on this earth, set a fine example for
all to follow.
NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners, on
behalf of the more than five million residents of Cook County, does hereby
express its deepest condolences and most heartfelt sympathy to the family as
well as the many friends and loved ones of Etta Moten Barnett; and
BE IT FURTHER RESOLVED, that a suitable copy of this Resolution be tendered
to the family of Etta Moten Barnett so that her ground breaking, historic
legacy of excellence in the arts may be so honored and ever cherished.
_________________________
Commissioner Silvestri, seconded by Commissioner
Suffredin, moved to suspend the rules so that this matter may be
considered. The motion carried
unanimously.
Commissioner Butler, seconded by Commissioner Steele,
moved that the Resolution be approved and adopted. The motion carried unanimously.
REQUEST TO DISCHARGE COMMUNICATION NOS.
263014 AND 263015
FROM THE COMMITTEE ON BUSINESS AND
ECONOMIC DEVELOPMENT
FOR REFERRAL TO THE FULL BOARD FOR
APPROVAL
ITEM #4
Transmitting
a Communication, dated
EARLEAN
COLLINS, Chairman, Committee on Business and Economic Development
I
move to discharge Communication Nos. 263014 and 263015 from the Committee on Business
and Economic Development that appeared on the
I
request that this matter be referred back to the Board of Commissioners for
immediate consideration.
263014 DEPARTMENT OF PLANNING AND DEVELOPMENT,
by Gwendolyn D. Clemons, Director, transmitting a Communication, dated
Re: Home
Investment Partnerships Program (HOME Program)
requesting approval of a HOME Investment Partnerships
Program grant to be used for the rehabilitation of approximately 20
single-family homes for low- and very-low income households in the following
municipalities:
The HOME Program grant of $1,000,000.00 will be made
between West Suburban Neighborhood Preservation Agency (WSNPA) and the
REQUEST TO DISCHARGE COMMUNICATION NOS.
263014 AND 263015
FROM THE COMMITTEE ON BUSINESS AND
ECONOMIC DEVELOPMENT
FOR REFERRAL TO THE FULL BOARD FOR
APPROVAL continued
ITEM #4 cont’d
I respectfully request approval of this project, and
that the Chief Administrative Officer of the
Fiscal Impact:
None. Grant Funds: $1,000,000.00. (772-292 Account).
*
* * * *
263015 DEPARTMENT
OF PLANNING AND DEVELOPMENT, by Gwendolyn D. Clemons, Director, transmitting a
Communication, dated
Re: HOME
Investment Partnerships Program (HOME Program)
respectfully requests approval of a HOME Investment
Partnerships Program Loan in the amount of $2,000,000.00. The loan will be a limited partnership to be
formed by Affordable Housing Continuum, a non-profit Community Housing
Development Organization (CHDO), or its wholly owned subsidiary, and PSL
Holdings, LLC (parent company of Associated Ventures, LLC/Pathway Senior
Living, LLC) a for-profit development company, together with the low income
housing tax credit syndicator. The loan
will be for the construction of a 110 (99 HOME assisted units) affordable, rental,
senior assisted care housing facility to be located at
The terms of the HOME Program loan will be structured
as a 40-year amortized loan at 1% interest.
It is anticipated that the County will receive annual principal and
interest payments of $60,685.45, to be used for other HOME eligible
activities. Due to HUD Section 232
requirements, the County will only be receiving an annual payment rather than
monthly payments.
I respectfully request approval of this project, and
that the Chief Administrative Officer of the
Estimated Fiscal Impact: None.
Grant Funds: $2,000,000.00. (772-298 Account).
_________________________
Commissioner Silvestri, seconded by Commissioner
Suffredin, moved to suspend the rules so that this matter may be
considered. The motion carried
unanimously.
Commissioner Collins,
seconded by Commissioner Goslin, moved that Communication Nos. 263014 and
263015 be discharged from the Committee on Business and Economic
Development. The motion carried
unanimously.
Commissioner Collins,
seconded by Commissioner Claypool, moved that Communication No. 263014 - a Home
Investment Partnerships Program grant to be used for the rehabilitation of approximately
20 single-family homes, and Communication No. 263015 - a Home Investment
Partnerships Program loan to the Affordable Housing Continuum be approved. The motion carried unanimously.
PROPOSED ORDINANCE AMENDMENT
ITEM #5
Submitting
a Proposed Ordinance Amendment sponsored by
JOHN
H. STROGER, JR., PRESIDENT, JOHN P. DALEY, EARLEAN COLLINS,
MIKE
QUIGLEY and PETER N. SILVESTRI,
Co-sponsored
by
JERRY
BUTLER, FORREST CLAYPOOL, ELIZABETH ANN DOODY GORMAN,
GREGG
GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO, JOSEPH MARIO
JOAN
PATRICIA MURPHY, ANTHONY J. PERAICA, DEBORAH SIMS, BOBBIE L. STEELE
and
LARRY SUFFREDIN,
PROPOSED AMENDMENT TO THE
PROPOSED
ORDINANCE AMENDMENT
PREAMBLE
WHEREAS, the County of Cook, Illinois is a home rule unit of
local government pursuant to Article VII, Section 6(a) of the 1970 Illinois
Constitution, and pursuant to the authority therein granted, may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, on August 3, 1993, pursuant to its home rule powers,
the Board of Commissioners of Cook County adopted an Ordinance establishing a
Code of Ethical Conduct for Cook County officials and employees which Ordinance
was effective September 1, 1993; and
WHEREAS, effective December 9, 2003, the General Assembly of
Illinois enacted the State Officials and Employees Ethics Act, x ILCS xxx et seq., (“State Ethics Act”) which
establishes a code of ethical conduct for all state officers, members of the
Illinois General Assembly, and state
employees; and
WHEREAS, the State Ethics Act also provides that within six
months of its enactment, Cook County shall prohibit the political activities of
officials and employees of Cook County, and the solicitation and acceptance of
gifts by the offering and making of gifts to officials and employees of Cook
County, in a manner no less restrictive
than the provisions of the State Ethics Act; and
WHEREAS, it is essential to the proper operation of
representative government that public officials and employees be independent
and impartial; that public office and employment not be used for personal gain,
and that the public have full confidence in the integrity and fair and honest
administration of government; and
WHEREAS, public officials and employees serve their government
in a fiduciary capacity, and must act at all times to avoid conflicts of
interest, impropriety, or even the appearance of impropriety; and
WHEREAS, a Code of Ethical Conduct will assist officials and
employees of
WHEREAS, compliance with a Code of Ethical Conduct will improve
standards of public service and strengthen the confidence of the people of
ARTICLE I
DEFINITIONS
Whenever used in this Ordinance, the following terms
shall have the following meanings:
(a) “Agency”
means the
(b) “Board”
or “Board of Ethics” means the Cook County Board of Ethics, as defined in
Article IV of this Ordinance.
PROPOSED ORDINANCE AMENDMENT
continued
ITEM #5 cont’d
(c) “Candidate”
means any person who has filed a declaration of candidacy for elected office or
petition to appear on a ballot for election, or has raised or expended money in
pursuit of elected office.
(d) “County”
means the
(e) “Compensation”
means money, thing of value or other pecuniary benefit received or to be
received in return for, or as reimbursement for, services rendered or to be
rendered.
(f) “Contract
management authority” means personal involvement in or direct supervisory
responsibility for the formation or execution of a County contract, including
without limitation the preparation of specifications, evaluation of bids or
proposals, negotiation of contract terms or supervision of performance.
(g) “Economic
interest” means any interest valued or capable of valuation in monetary terms;
provided that “economic interest” is subject to the same exclusion as
“financial interest”.
(h) “Employee”
means an individual employed by the County whether part-time or full-time or by
a contract of employment. Employee shall
include individuals employed by
(i) “Financial
interest” means (i) any interest as a
result of which the owner currently received or is entitled to receive in the
future more than $2,500 per year; (ii)
any interest with a cost or present value of $5,000 or more; or
(iii) any interest representing more
than 10% of a corporation, partnership, sole proprietorship, firm, enterprise,
franchise, organization, holding company, joint stock company, receivership,
trust, or any legal entity organized for profit; provided, however, financial
interest shall not include: (1) any ownership through purchase at fair market
value or inheritance of less than 1% of the shares of a corporation, or any
value of or dividends of such shares, if such shares are registered on a
securities exchange pursuant to the Securities Exchange Act of 1934, as
amended; (2) the authorized compensation
paid to an official or employee for his office or employment; (3) any economic benefit provide equally to all
residents of the County; (4) a time or
demand deposit in a financial institution; (5)
an endowment or insurance policy or annuity contract purchased from an
insurance company; (6) any accrued
pension rights in the County fund or (7)
with respect to a mutual fund, the individual securities of other
instruments owned by the mutual fund.
(j) “Gift”
means 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 official or employee.
(k) “Legislative
action” means the introduction, sponsorship, consideration, debate, amendment,
passage, defeat, approval, veto or other official action or non action on any
ordinance, resolution, motion, order, appointment, application or other matter
pending or proposed in the County Board or any committee or subcommittee
thereof.
(l) “Official”
means any elected Cook County official or any appointed non-employee member of
any agency of
(m) “Person”
means any individual, entity, corporation, partnership, firm, association,
union, trust, estate, as well as any parent or subsidiary of any of the
foregoing, and whether or not operated for profit.
(n) “Political
organization” means a party, committee, association, fund, or other
organization (whether or not incorporated) organized and operated primarily for
the purpose of directly or indirectly accepting contributions or making
expenditures or both for the function of influencing or attempting to influence
the selection, nomination, election, or appointment of any individual to any
federal, state, or local public office in a political organization, or the
election of Presidential or
vice-Presidential electors, whether or not the individual or electors are
selected, nominated, elected, or appointed.
The term includes the making of expenditures relating to an office
described in the preceding sentence that, if incurred by the individual, would
be allowable as a federal income tax deduction for trade or business expenses.
PROPOSED ORDINANCE AMENDMENT
continued
ITEM #5 cont’d
(o) “Political
fundraising committee” means any fund, organization, political action committee
or other entity that, for purposes of influencing in any way the outcome of any
election, receives or expends money or anything of value or transfers money or
anything of value to any other fund, political party, candidate, organization,
political action committee, or other entity.
(p) “Prohibited
political activity” means:
(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 fundraiser,
political meeting, or other political event.
(3) Soliciting,
planning the solicitation of, or preparing any document or report regarding any
thing 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 probably 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 questions 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 in connection with a
campaign for elective office or on behalf of a political organization for
political purposes.
(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.
(15) Participating
in any recount or challenge to the outcome of any election.
(q) “Prohibited
source” means any person or entity who:
(1) is
seeking official action (i) by the
official or (ii) in the case of an employee, by the employee
or by the official, County agency or other employee directing the employee;
PROPOSED ORDINANCE AMENDMENT
continued
ITEM #5 cont’d
(2) does
business or seeks to do business (i)
with the official or (ii) in the case of an employee, with the employee
or with the official, County agency or
other employee directing the employee;
(3) conducts
activities regulated (i) by the official
or (ii) in the case of an employee, by
the official, County agency or other employee directing the employee;
(4) has
interests that may be substantially affected by the performance or
non-performance of the official duties of the official or employee;
(5) or
is registered or required to be registered with the County pursuant to the Cook
County Lobbyist Ordinance, except that an entity not otherwise a prohibited
source does not become a prohibited source merely because a registered lobbyist
is one of its members or serves on its board of directors.
(r) “Single
Candidacy” means the time period during which a candidate is seeking office
with primary election and general election being separate candidacies.
(s) “State”
means the State of
(t) “Statement”
means the disclosure of economic interest form required to be filed by the
Illinois Governmental Ethics Act, 5 ILCS 420/4A-101 et seq.
ARTICLE II
CODE OF CONDUCT
2.1 Fiduciary Duty
Officials and employees shall at all times in the
performance of their public duties owe a fiduciary duty to the County.
2.2 Improper Influence
No official or employee shall make, participate in
making or in any way attempt to use his position to influence any County
governmental decision or action in which he knows, he has reason to know or
should know that he has any economic interest distinguishable from that of the
general public of the County.
2.3 Dual Employment
(a) No
official or employee shall accept other employment which will impair his or her
independence of judgment in the exercise of his or her official duties.
(b) No
official or employee shall accept other employment which will impair his or her
ability to perform his or her County duties and responsibilities.
2.4 Receiving and Soliciting Gifts and
Favors
(a) Except
as otherwise provided in this Ordinance, no official or employee shall
intentionally solicit or accept any gift from any prohibited source or in
violation of any federal or State statute, rule, or regulation. This ban applies to and includes spouses of
and immediate family living with the official or employee. No prohibited source shall intentionally
offer or make a gift that violates this Section.
(b) The restriction
in Section 2.4(a) does not apply to the following:
(1) Opportunities, benefits, and services that
are available on the same conditions as for the general public.
(2) Anything for which the official or employee
pays the market value.
PROPOSED ORDINANCE AMENDMENT
continued
ITEM #5 cont’d
(3) Any (i)
contribution that is lawfully made under the Election Code or under this
Ordinance or (ii) activities associated
with a fundraising event in support of political organization or candidate.
(4) Educational materials and missions. This exception may be further defined by
rules adopted by the Board of Ethics.
(5) Travel expenses for a meeting to discuss
County business. This exception may be
further defined by rules adopted by the Board of Ethics.
(6) 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.
(7) Anything provided by an individual on the
basis of a personal friendship unless the official or employee has reason to
believe that, under the circumstances, the gift was provided because of the
official position or employment of the official or employee and not because of
the personal friendship.
In
determining whether a gift is provided on the basis of personal friendship, the
official or employee shall consider the circumstances under which the gift was
offered, such as:
(i) 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;
(ii) whether to the actual knowledge of the
official or employee the individual who gave the gift personally paid for the
gift or sought a tax deduction or business reimbursement for the gift; and
(iii) whether to the actual knowledge of the
official or employee the individual who gave the gift also at the same time
gave the same or similar gifts to other officials or employees.
(8) Food or refreshments not exceeding $75 per
person in value on a single calendar day; provided that the food or refreshments
are (i) consumed on the premises from
which they were purchased or prepared or (ii)
catered. For purposes of this
subsection, “catered” means food or refreshments that are purchased ready to
eat and delivered by any means.
(9) Food, refreshments, lodging,
transportation, and other benefits resulting from the outside business or
employment activities (or outside activities that are not connected to the
duties of the official or employee as an office holder or employee) of the
official or employee, or the spouse of the official or employee, if the
benefits have not been offered or enhanced because of the official position or
employment of the official or employee, and are customarily provided to others
in similar circumstances.
(10) Intra-governmental and inter-governmental
gifts. For the purpose of this
Ordinance, “intra-governmental gift” means any gift given to an official or
employee of a County agency from another official or employee of the same
County agency; and “inter-governmental gift” means any gift given to an
official or employee of a County agency or department by an official or
employee of another County agency or department, of a State of Illinois agency,
of a federal agency, or of any governmental entity.
(11) Bequests, inheritances, and other transfers
at death.
PROPOSED ORDINANCE AMENDMENT
continued
ITEM #5 cont’d
(12) Any item or items from any one prohibited
source during any calendar year having a cumulative total value of less than
$100.
Each of the exceptions
listed in this subsection (b) is mutually exclusive and independent of one
another.
(c) An official or employee does not violate
this Ordinance if the official or employee promptly takes reasonable action to
return the prohibited gift 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 Section 501(c)(3) of the Internal Revenue Code of 1986, as now or
hereafter amended, renumbered, or succeeded.
(d) Gifts
which have a value of greater than $100 (or a series of gifts with an aggregate
value of greater than $100 from one prohibited source during any twelve month
period) received by any official or employee from a prohibited source shall be
disclosed to the Board of Ethics by the recipient within ten (10) business days
of receipt. The disclosure shall include
the name and government title of the recipient; the name, address, occupation
and employer of the donor; a description of the gift and its value; and the
intended use or disposition of the gift.
(e) Any
and all gifts received by an official or employee for participating in speaking
engagements, lectures, debates or organized discussion forums arising out of
his or her County employment shall be disclosed to the Board of Ethics within
ten (10) business days of receipt.
2.5 County Owned Property
No official or employee shall engage in or permit the
unauthorized use of County-owned or County-leased property. County-owned and
County-leased property shall only be used for official County business.
2.6 Use or Disclosure of Confidential
Information
No official or employee shall use or disclose, other
than (i) in the performance of his or
her Official duties; (ii) as may be
required by law; or (iii) as permitted
in Section 2.13 of this Ordinance, confidential information gained in the
course of or by reason of his position or employment. For purposes of this Section,
"confidential information” means any information that may not be obtained
pursuant to the Illinois Freedom of Information Act, as amended.
2.7 Conflicts of Interest
(a) No official or
employee shall make, or participate in making, any governmental decision with
respect to any matter in which the official or employee, or the spouse or
dependent of the official or employee, has any economic interest
distinguishable from that of the general public.
(b) Any employee
who has a conflict of interest as described by subsection (a) above shall advise his or her supervisor of
the conflict or potential conflict. The
immediate supervisor shall either:
(i) assign the matter to another employee, or
(ii) require the employee to eliminate the economic interest giving
rise to the conflict and only thereafter
shall the employee continue to participate in the matter.
(c) Any official
who has a conflict of interest as described by subsection (a) above shall disclose the conflict of interest
and shall not take any action or make any decisions regarding that particular
matter.
2.8 Representation of Other Persons
(a) No official or
employee may represent, or have an economic interest in the representation of
any person other than the County in a formal or informal proceeding or
transaction before any County agency in which the agency’s action or non-action
is of a non-ministerial nature.
PROPOSED ORDINANCE AMENDMENT
continued
ITEM #5 cont’d
(b) No elected
official or employee may have an economic interest in the representation of any
person in any judicial or quasi-judicial proceeding before any administrative
agency or court in which the County is a party and that person's interest is
directly adverse to that of the County.
(c) No appointed
official or employee may represent any person in the circumstances described in
subsection (a) or (b) unless the matter is wholly unrelated to the appointed
official's County duties and
responsibilities.
(d) For purposes of
this Section, “economic interest” shall not include the interest of the spouse
of an official or employee which interest is related to the independent
occupation, profession or employment of the spouse.
2.9 Post Employment Restrictions
(a) No former
official or employee shall assist or represent any person other than the County
in any judicial or administrative proceeding involving the County if the
official or employee was counsel of record or participated personally and
substantially in the proceeding during his or her term of office or employment.
(b) No former
official or employee shall for a period of one year after the termination of
the official's or employee's term of office or employment assist or represent
any person in any business transaction involving the County, if the official or
employee participated personally and substantially in that transaction during
his or her term of office or employment; provided, that if the official or
employee exercised contract management authority with respect to a contract
this prohibition shall be permanent as to that contract.
2.10 Interest in County Business
(a) No
elected official or employee shall have a financial interest in his or her own
name or in the name of any other person in any contract, work or business of
the County or in the sale of any article, whenever the expense, price or
consideration of the contract, work, business or sale is paid with funds belonging
to or administered by the County.
Compensation for property taken pursuant to the County's eminent domain
power shall not constitute a financial interest within the meaning of this
Section. Unless sold pursuant to a
process of competitive bidding following public notice, no elected official or
employee shall have a financial interest in the purchase of any property that
(i) belongs to the County, or (ii) is sold for taxes or assessments, or
(iii) is sold by virtue of legal process
at the suit of the County.
(b) No
appointed official shall engage in a transaction described in subsection
(a) unless the matter is wholly
unrelated to the appointed official's County duties and responsibilities.
(c) For
purposes of this Section, “financial interest” shall not include the interest
of the spouse of an official or employee which interest is related to the
independent occupation, profession or employment of the spouse.
2.11 Employment of Relatives
(a) No
official or employee shall participate in a hiring decision, in any agency over
which such official or employee either serves or exercises immediate
supervision with respect to any person who is a relative of the official or
employee.
(b) No
official or employee, on behalf of any County agency, shall participate in a
decision whether to contract with any person with whom or in which the Official
or Employee knows that a relative of that official or employee has a financial
interest.
(c) For
purposes of this Section, relative shall mean a person who is related to an
official or employee as spouse or any of the following, whether by blood,
marriage or adoption: parent, child, brother, sister, aunt, uncle, niece,
nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, step-father, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half-brother or half-sister.
PROPOSED ORDINANCE AMENDMENT
continued
ITEM #5 cont’d
2.12 Political Activity
(a) No
official or employee shall compel, coerce or intimidate any County official or
employee to make or refrain from making any political contribution. No official shall directly solicit any
political contribution from his or her employees or the spouses of or immediate
family living with his or her employees.
Nothing in this subsection (a)
shall be construed to prevent any official or employee from voluntarily
making a contribution or from receiving a voluntary contribution.
(b) No
employee with contract management authority shall serve on the political
fundraising committee of any elected official or candidate for County office.
(c) County
employees shall not intentionally perform any prohibited political activity
during any compensated time (other than vacation, personal, or compensatory
time off). County employees shall not
intentionally misappropriate any County property or resources by engaging in
any prohibited political activity for the benefit of any campaign for elective
office or any political organization.
(d) At
no time shall any official or employee intentionally misappropriate the
services of any County employee by requiring that employee to perform any
prohibited political activity (i) as
part of that employee’s County duties, (ii)
as a condition of County employment, or (iii) during any time off that is compensated by
the County (such as vacation, personal, or compensatory time off).
(e) A
County employee shall not be required at any time to participate in any
prohibited political activity in consideration for that employee being awarded
any additional compensation or employee benefit, in the form of a salary
adjustment, bonus, compensatory time off, continued employment, or otherwise.
(f) A
County employee shall not be awarded any additional compensation or employee
benefit, in the form of a salary adjustment, bonus, compensatory time off,
continued employment, or otherwise, in consideration for the employee’s
participation in any prohibited political activity.
(g) Nothing
in this Section prohibits activities that are otherwise appropriate for a
County employee to engage in as a part of his or her official County employment
duties or activities that are undertaken by an employee on a voluntary basis as
permitted by law.
2.13 Whistleblower Protection
No complainant, or employee acting on behalf of a
complainant, shall be discharged, threatened or otherwise discriminated against
regarding compensation, terms, conditions, location or privileges of employment
because:
(a) the complainant
or employee acting on behalf of the complainant reports or is about to report,
verbally or in writing, a violation or suspected violation of this Ordinance;
or
(b) the complainant
or employee acting on behalf of the complainant is requested to participate in
an investigation, hearing or inquiry held pursuant to this Ordinance, or in any
related court action.
This Section shall not apply to a
complainant, or employee acting on behalf of a complainant, who knowingly makes
a false report.
2.14 Limitations of Contributions to
Candidates and Elected Officials
(a) No person who
has done business with the County within the preceding four years or is seeking
to do business with the county shall make contributions in an aggregate amount
exceeding $1,500 (i) to any candidate
for County office or elected County official during a single candidacy; or
(ii) to an elected official of the
government of the County during any non-election year of his or her term. The combined effect of these provisions is
intended to permit total contribution up to but not exceeding $3,000 in a year
in which a candidacy occurs. A year for
purposes of this Section is from January 1 to December 31 of each year.
PROPOSED ORDINANCE AMENDMENT
continued
ITEM #5 cont’d
(b) For purposes of
subsection (a) above, an entity and its
subsidiaries, parent company or otherwise affiliated companies, and any of
their employees, officers, directors and partners who make a political
contribution for which they are reimbursed by the entity or its affiliates
shall be considered a single person.
However, nothing in this provision shall be construed to prohibit such
an employee, officer, director or partner from making a political contribution
for which he is not reimbursed by a person with whom he or she is affiliated,
even if that person has made the maximum contribution allowed under subsection
(a).
(c) Any
contributions made under this Section
shall be reported as required by the Election Code, 10 ILCS 5/1-1 et.
seq.
(d) For
purposes of subsection (a) above, “done business” or “doing business” means any
one or any combination of sales, purchases, leases or contracts to, from or
with the County or any County agency in excess of $10,000 in any twelve
consecutive months.
(e) For
purposes of subsection (a) above, “seeking to do business” means taking action
within the past six months to obtain a contract or business with the County
when, if such action were successful, it would result in the person doing
business with the County as defined in subsection (d) above.
2.15 Printing and Mailing of Newsletters and
Brochures
(a) County
funds and resources may not be used by any elected County official to print or
pay for the printing of any newsletters or brochures during the period
beginning February 1 of the year of a general primary election and ending the
day after such general primary election and during a period beginning September
1 of the year of a general election and ending the day after such general
election. A County elected official may
not mail, during the period beginning February 1 of the year of a general
primary election and ending the day after such general primary election and
during a period beginning September 1 of the year of a general election and
ending the day after such general election, any newsletters or brochures that
were printed at any time using County funds or resources.
(b) This
Section shall not apply to any informational brochures or newsletters that are
solely related to and accompany any mailing of a property tax bill, notice of
property tax assessment, or notice of voter registration or polling place
information, or to a newsletter or brochure mailed to a constituent in response
that constituent’s inquiry concerning the needs of that constituent or
questions raised by that constituent.
2.16 Ethics Education Seminar
(a) Each elected
official, members of each elected official’s personal staff and each employee
holding a senior executive service position with the County shall attend an
ethics education seminar offered by the Board of Ethics within 120 days of the
effective date of this amendatory ordinance or within 120 days of becoming an
elected official, becoming a member of an elected official’s personal staff, or holding a senior executive
service position with the County (or as soon thereafter as an ethics education
seminar is offered by the Board of Ethics) and every four years
thereafter. The seminar shall educate
persons as to their duties and responsibilities under this Ordinance. Any elected official or employee covered by
this Section who fails to comply with this Section shall be subject to a $500
fine.
(b) The Board of
Ethics shall define “senior executive service employee” by rule.
ARTICLE III
FINANCIAL
DISCLOSURE
Officers and employees shall file verified written
statements of economic interests as required by the Illinois Governmental
Ethics Act, 5ILCS 420/4A-101 et seq. All
statements shall be available in electronic form for examination and
duplication by the Board of Ethics upon request.
PROPOSED ORDINANCE AMENDMENT continued
ITEM #5 cont’d
ARTICLE IV
BOARD OF
ETHICS
4.1 Composition and Powers of Board
A Board of Ethics is hereby established which:
(a) Shall be
composed of five (5) members appointed by the President of the Cook County
Board of Commissioners with the advice and consent of the Cook County Board of
Commissioners and will take into account the diversity of communities and conditions protected by this
Ordinance. The Board shall have an
executive director who shall be appointed by the President.
(b) Each member of
the Board shall (i) reside within the
corporate boundaries of the County; (ii)
not be an employee of the County or any agency thereof; (iii) not hold elected public or political party
office within the County; (iv) have no
financial interest in any work or business of or official action by the County;
(v) not take an active part in managing
the political campaign of a candidate for County office; and (vi) not be convicted of any felony or any crime
involving moral turpitude.
(c) The members of
the Board shall be appointed for a term of four years and hold office until
their successors have been appointed.
The initial appointment of the members shal1 be as follows: one member
for four years; two member for three years; and two members for two years.
(d) Any member of
the Board may be removed by the President, with the advice and consent of the
Board of Commissioners, for incompetence, substantial neglect of duty, gross
misconduct, malfeasance in office, or violation of any law, after written
notice, stating the grounds for removal.
(e) Board members
shall receive no compensation for their services.
(f) The Board shall
receive written complaints of violations of any of the provisions of this
Ordinance. The Board shall investigate
and act upon such complaints as presented by the executive director. The Board may also initiate
investigations. The executive director
shall, on behalf of the Board, conduct investigations and shall present the
findings of such investigations for such action as the Board determines is
appropriate. The Board’s authority to
investigate an alleged violation of this Ordinance is limited to violations
which occurred not more than two (2) years prior to the date upon which a
complaint is received or discovery of the fact that an alleged violation has
occurred.
(g) The executive
director shall investigate alleged violations of this Ordinance. County agencies, employees and officials
shall cooperate with the Board and the executive director. Information necessary
to any investigation shall be made available to the executive director upon
written request.
(h) The Board shall
have the authority to issue a subpoena for the appearance of witnesses, the
production of evidence, or both, in the course of investigations and
hearings. A subpoena shall be served in
the same manner as subpoenas issued under the rules of the Illinois Supreme
Court and shall be subject to the same witness and mileage fees fixed by law
for such subpoenas. The Board shall adopt rules as necessary to implement this
process.
(i) Upon
determination by a majority of the Board that there is reason to believe that a
violation of this Ordinance has occurred, the Board may (i) notify the person who may have violated the
Ordinance and request corrective action; (ii)
recommend to the President or the appropriate elected official that
disciplinary or other action within the elected official's authority should be
taken in relation to the potential violation; and (iii) recommend to the President or the appropriate
elected official such other remedies as shall be appropriate. All recommendations shall be in writing and
shall be set forth with specificity including a statement of reasons in
support. An elected official to whom a
recommendation has been sent shall, within 30 days of receipt of the
recommendation, report to the Board in writing the actions taken on the
recommendation and, to the extent that any recommended action is declined or
different action is taken, provide a statement of reasons for that decision.
PROPOSED ORDINANCE AMENDMENT
continued
ITEM #5 cont’d
(j) The Board may
also advise, by means of written advisory opinions, and may consult with the
(k) The Board may
also from time to time recommend to the President or the Board of Commissioners
such legislative action as it deems appropriate to effectuate the policy of
this Ordinance.
(l) The Board may
adopt appropriate rules, definitions and regulations for the conduct of Board
activities and duties as set forth in this Ordinance.
(m) Board shall
prepare and publish an annual report summarizing the Board’s activities and
present the report to the President and the Board of Commissioners.
(n) The Board shall
preserve all pertinent records and reports.
4.2 Confidentiality
Investigations and consideration by the Board of
potential violations of this Ordinance shall be confidential, except as
necessary to carry out powers and duties of the Board or to enable another
person or agency to consider and act upon the notices and recommendations of
the Board. The final determinations of
the Board shall be made available to the public with such deletions as may be
necessary to prevent disclosure of any information the Board determines to be
confidential, in accordance with the Illinois Freedom of Information Act, as
amended.
ARTICLE V
SANCTIONS
FOR VIOLATION
5.1 Employment Sanctions
Any employee or official found to have violated any
provision of this Ordinance, or to have knowingly furnished false or misleading
information in any investigation, hearing or inquiry held pursuant to this
Ordinance, shall be subject to employment sanctions, including discharge. The provisions
of this Ordinance shall not limit the power of officials to otherwise
discipline employees.
5.2 Fines
(a) Pursuant
to the State Officials and Employees Ethics Act, any person found by the Board
to have violated, intentionally obstructed or interfered with an investigation
of, or who intentionally made a false, frivolous or bad faith allegation
regarding Section 2.4 or 2.12 of this Ordinance.
(b) Pursuant
to the State Officials and Employees Ethics Act, a person who intentionally
violates any provision of Section 2.4 of the Ordinance is guilty of a business
offense and subject upon conviction to a fine of at least $1,001 and up to
$5,000.
(c) Pursuant
to the State Officials and Employees Ethics Act, a person who intentionally
violates any provision of Section 2.12 of the Ordinance is guilty of a Class A
misdemeanor.
(d) Any
person found by the Board to have knowingly violated any provision of this
Ordinance other than Sections 2.4 and 2.12, or to have knowingly furnished
false or misleading information to the Board, shall be subject to a fine not to
exceed $500, for any one offense.
5.3 Validity of Contract
Any contract negotiated, entered into, or performed in
violation of any of the provisions of this Ordinance shall be voidable by the
County.
PROPOSED ORDINANCE AMENDMENT
continued
ITEM #5 cont’d
ARTICLE VI
MISCELLANEOUS
PROVISIONS
6.1 Severability
If any provision of this Ordinance or application
thereof to any Person or circumstance is held unlawful or otherwise invalid,
such invalidity does not affect other provisions or applications of this
Ordinance which can be given effect without the invalid application or
provision, and to this end each such
invalid provision or application of this Ordinance is severable. It is hereby
declared to be the intent of the Board of Commissioners that this Ordinance
would have been issued had any such unlawful or otherwise invalid provision or
application not been included.
ARTICLE VII
EFFECTIVE
DATE
Approved and adopted
_________________________
Commissioner Silvestri, seconded by Commissioner
Suffredin, moved to suspend the rules so that this matter may be
considered. The motion carried
unanimously.
Commissioner Daley, seconded by Commissioner Steele,
moved that the Proposed Ordinance Amendment be referred to the Committee on
Finance. (Comm. No. 263301). The motion carried unanimously.