HomeMy WebLinkAboutOrdinances - MC-99-732 - 06/30/1999 - Sect 4-6(1) liquor licenseORDINANCE NO. MC-99-731'
An Ordinance Amending the Municipal Code,
City of McHenry, Illinois, to Add Section 2-55, State Gift Ban Act
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
part:
WHEREAS, Section 83 of the Act (5 ILCS 425/83) provides in pertinent
Within six months after the effective date of this 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 City Council of the City of McHenry 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 City of McHenry in an effort
to comply with the action required by Section 83, hereby pass and approve this
Ordinance to bring the City of McHenry in compliance with the dictates of the
Act; and
WHEREAS, the corporate authorities of the City of McHenry 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 Illinois municipalities will have clear and
unequivocal ethical procedures and rules that will control their conduct.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of McHenry, McHenry County, Illinois, as follows:
SECTION 1: That the Municipal Code, City of McHenry, Illinois, shall be
amended to add Section 2-55, State Gift Ban Act, which shall read as follows:
Sec. 2-55 State Gift Ban Act
(a) Adoption of Act:
(1) The State Gift Ban Act (5 ILCS et §gq.) (the "ACT") is
hereby adopted as required by Section 83 of the Act (5 ILCS
425/83).
(2) 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 City.
(b) Ethics Officer: To the extent authorized by law and to the extent
required by Section 35 of the Act, the City Attorney is appointed to
serve as the "ethics officer" for the City for elected officials. The
City Administrator is appointed to serve as the "ethics officer" of
the City for all non -elected officials and employees. The ethics
officers' duties shall be as provided in Section 35.
(c) State Legislative Ethics Commission; Complaints: All complaints
for violations of the Act and this Section 2-55 shall be filed with
the State legislative ethics commission (created by Section 45 (a)
(6) of the Act).
(d) This section does not repeal or otherwise amend or modify existing
provisions of the City of McHenry Municipal Code or any other
Departmental rule or regulation which regulates the conduct of City
officials and employees. To the extent that the: City of McHenry
Municipal Code or any Departmental rule or regulation is less
restrictive than the State Gift Ban Act and this Ordinance, then the
provisions of this Ordinance shall prevail in accordance with the
provisions of Section 95 of the Act (5 ILCS 4215/95).
(e) Future Amendments to State Gift Ban Act: Any amendment to the
Act that becomes effective after the passage of this Section 2-55
shall be incorporated into this Section 2-55 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 Section 2-55 by
reference without formal action by the corporate authorities of the
City.
(f) Future Declaration of Unconstitutionality of State Gift Ban Act:
(1) If the Illinois Supreme Court declares the Act
unconstitutional in its entirety, then this Section 2-55 shall
be repealed as of the date that the Supreme Court's decision
becomes final and not subject to any further appeals or
rehearings. This Section 2-55 shall be deemed repealed
without further action by the corporate authorities of the
City if the Act is found unconstitutional by the Illinois
Supreme Court.
(2) If the Illinois Supreme Court declares part of the Act
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
Section 2-55 shall remain in full force and effect; however,
that part of this Section 2-55 relating to the part of the Act
found unconstitutional shall be deemed repealed without
further action by the corporate authorities of the City.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or
provision of this Ordinance shall be adjudged by any Court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or
nullify the remainder thereof, which remainder shall remain and continue in full
force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its
passage, approval and publication in pamphlet form (which publication is hereby
authorized) as provided by law.
Voting Aye: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD.
Voting Nay: NONE.
Absent: NONE.
Abstain: NONE.
APPROVED:
ter•
"Mayor Steven J. Cuda
(SEAL)
ATTEST: u�� LiC C�
City Clerk Pamela J. Althoff
Passed: JUNE 30, 1999
Approved: JUNE 30, 1999