NEW ITEMS
Meeting of the Cook County Board of Commissioners
County Board Room, County Building
Tuesday, January 6, 2004, 10:00 A.M.
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PROPOSED CONTRACT ADDENDUM
ITEM #1
Transmitting a Communication, dated December 31, 2003 from
JOHN T. JOINER, Director, Department of Facilities Management
please place the following item on the January 6, 2004 President’s Agenda as an added starter new item. The current contract will have expired on January 4, 2004 and it was the intention to award a new contract at this meeting. However the Purchasing Agent has not received the required paperwork from all the reviewing departments as of the Bids Report deadline for this meeting.
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.
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Board approved amount 01-04-01: |
$5,389,200.00 |
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Previous increase approved 02-08-02: Previous increase approved 07-24-03 This increase requested: |
9,999.00 15,000.00 149,700.00 |
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Adjusted amount: |
$5,563,899.00 |
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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 December 18, 2003. |
Estimated Fiscal Impact: $149,700.00. Contract extension: January 4, 2004 through February 3, 2004. (200-235 Account).
_________________________
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 December 31, 2003 from
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., Addison, Illinois and the County of Cook through February 29, 2004.
The contract for the referenced services was awarded on January 8, 2002 for the calendar year ending December 31, 2002 with a one (1) year extension option exercised in 2003. This one year extension expires at midnight, December 31, 2003. Bids were taken on the superceding contract on November 13, 2003 and your Honorable Body awarded a contract on December 2, 2003. Contract execution is being processed.
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 February 29, 2004.
Sufficient funds are available for the extension.
Contract extension: January 1, 2004 through February 29, 2004.
_________________________
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, Cook County Board of Commissioners
Co-Sponsored by
JERRY BUTLER, FORREST CLAYPOOL, EARLEAN COLLINS, JOHN P. DALEY,
GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO, JOSEPH MARIO MORENO,
JOAN PATRICIA MURPHY, ANTHONY J. PERAICA, MIKE QUIGLEY, PETER N. SILVESTRI,
DEBORAH SIMS, BOBBIE L. STEELE and LARRY SUFFREDIN, County Commissioners
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 Weimer, Texas, Etta Moten Barnett was born Etta Geraldine, the only child of Ida May Norman and the Reverend Freeman Moten; and
WHEREAS, Etta was steeped in religion and was very active in programs provided by the six churches her father pastored in Texas and California. One of her primary recreational outlets was the church choir, in which she sang with her mother; and
WHEREAS, when the family moved to Kansas, Etta would eventually enroll at the University of Kansas, opting to major in voice and drama. She also hosted a radio show while in school; and
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 New York, Etta quickly found work in show business in a variety of lead and supporting roles; and
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.
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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 January 6, 2004 from
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 December 16, 2003 Agenda.
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 November 20, 2003.
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: Bellwood, Berkeley, Broadview, Brookfield, Bridgeview, Chicago Ridge, Forest Park, Franklin Park, Hillside, LaGrange, LaGrange Park, Maywood, Melrose Park, Northlake, Schiller Park, Stone Park and Summit. The project complies with the HOME Program regulations and furthers the goals of the Five-Year Consolidated Community Development Plan (approved by the U.S. Department of Housing and Urban Development on October 17, 2000).
The HOME Program grant of $1,000,000.00 will be made between West Suburban Neighborhood Preservation Agency (WSNPA) and the County of Cook. WSNPA has previously been a successful participant with HOME Program and Community Development Block Grant (CDBG) funds. Approval of this grant will enable WSNPA to continue their Owner-occupied Single-family Rehabilitation Program. Permanent liens are placed on the properties for the amount of the rehabilitation by the West Suburban Neighborhood Preservation Agency. After rehabilitation is completed, WSNPA then assigns the Note, Owner’s Participation Agreement, and Junior Mortgage to Cook County. The Cook County HOME Program will recapture funds expended on the projects when these homes are sold, transferred, or otherwise alienated and title is transferred.
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 County of Cook, or his designee, be authorized to execute on behalf of the County of Cook, any and all documents necessary to further the project approved herein, including, but not limited to the Subgrantee Agreement and any modifications thereto.
Fiscal Impact: None. Grant Funds: $1,000,000.00. (772-292 Account).
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263015 DEPARTMENT OF PLANNING AND DEVELOPMENT, by Gwendolyn D. Clemons, Director, transmitting a Communication, dated November 25, 2003.
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 167th Street and Crawford Avenue in Country Club Hills, Illinois. In addition to the HOME funds, other anticipated financing will include a first mortgage insured through the United States Department of Housing and Urban Development (HUD) Section 232 Insured Mortgage Loan Program, equity raised through the sale of Low Income Housing Tax Credits and deferred developer fees. The development budget is estimated at $17,621,521.00 of which $2,000,000.00 accounts for approximately 11.3% of the total project costs.
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 County of Cook, or his designee, be authorized to execute on behalf of the County of Cook, any and all documents necessary to further the project approved herein, including but not limited to the HOME Loan Agreement and any modifications thereto. The approval of this loan by this Honorable Body will permit staff to issue necessary commitments to allow this project to move forward.
Estimated Fiscal Impact: None. Grant Funds: $2,000,000.00. (772-298 Account).
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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, County Commissioners
Co-sponsored by
JERRY BUTLER, FORREST CLAYPOOL, ELIZABETH ANN DOODY GORMAN,
GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO, JOSEPH MARIO MORENO,
JOAN PATRICIA MURPHY, ANTHONY J. PERAICA, DEBORAH SIMS, BOBBIE L. STEELE
and LARRY SUFFREDIN, County Commissioners
PROPOSED AMENDMENT TO THE COOK COUNTY ETHICS ORDINANCE
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 Cook County to conform their conduct to the highest acceptable standards and to properly discharge their fiduciary duties; and
WHEREAS, compliance with a Code of Ethical Conduct will improve standards of public service and strengthen the confidence of the people of Cook County in their government.
ARTICLE I
DEFINITIONS
Whenever used in this Ordinance, the following terms shall have the following meanings:
(a) “Agency” means the County Board, any committee or other subdivision thereof, any County department or other administrative unit, commission, board or other division of the government of the County.
(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 County of Cook and all government agencies of the County of Cook.
(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 County Officers as referenced in Article VII, Section 4 (County Officers) of the Constitution of the State of Illinois. Employee shall not include judges of election.
(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 Cook County.
(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 Illinois.
(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