MEETING NOTICE Committee of the Whole Tuesday, October 17, 2017

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MEETING NOTICE

Committee of the Whole Tuesday, October 17, 2017 Start Time Immediately Follows Village Board Meeting

Cary Village Hall 655 Village Hall Drive Cary, IL 60013

Mark Kownick, Mayor

AGENDA

I. Call to Order

II. Roll Call

III. Pledge Of Allegiance

IV. Public Comments

V. Discussion on Video Gaming Policy

VI. Discussion on Public Comment Policy

VII. Discussion on Ethics Ordinance

VIII. Adjourn

The Village of Cary is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations so that they can observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the Village’s facilities, should contact Village Hall at (847) 639‐0003 [TDD (630) 845‐2180] promptly to allow the Village to make reasonable accommodations for those persons. October 17, 2017 Committee of the Whole Meeting

Agenda Item: Discussion on Video Gaming Policy

Type: Discussion

Report From: Community Development

Introduction During a recent Village Board meeting it was requested the Village’s Video Gaming Policy be reviewed for discussion. This memorandum is intended to provide an overview of the history of video gaming within the Village of Cary, including past policy discussions and licenses reviewed by the Village Board. It also reviews potential changes to the Village’s existing regulations based on other local government’s requirements. Since 2013 the Village has permitted video gaming in nine (9) establishments including the Tracks, Galati’s Hideaway, Kelli’s Cuckoo’s Nest, the Maple Tree Inn, Coleman’s in the Park, 750 Cucina Rustica, Kojak’s, Orchard Prime Meats, and the Tobacco Stop. To date all of these establishments have installed five video gaming terminals each with the exception of Kojak’s and Orchard Prime Meats. The later two establishments are in the process of completing their respective improvements in order to accommodate video gaming.

Staff Analysis Background on the Video Gaming Act In 2009 the state signed into law the Video Gaming Act which legalized video gaming in certain liquor establishments, truck stops and fraternal/veterans clubs throughout the State of Illinois. The Act defines a “Licensed Establishment” as any licensed retail establishment where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises, whether the establishment operates on a nonprofit or for‐ profit basis. Under the Act local municipalities may license and impose a fee on video gaming terminals. Non‐ home rule communities are limited to a $25/year license for each machine. The following is a summary of restrictions currently in place relative to video gaming:

 Gaming machines are allowed in any establishment possessing a valid liquor license to serve alcohol for consumption, fraternal organization or veteran’s organization.  Establishments eligible for video gaming cannot be located within 100 feet of a school or place of worship and cannot be located within 1,000 feet of a horse racing track.  No more than 5 video gaming machines are allowed per authorized establishment.  Gaming terminals must be located in an area restricted to persons 21+ and in direct view of an employee of the establishment.  Hours of operation must coincide with the hours of operation for consumption of alcoholic beverages at the establishment.

Authorized establishments are required to get a license from the Illinois Gaming Board, which requires an extensive application process. The application process requires details about the business ownership, supervision of the games to ensure nobody under the age of 21 gambles, ensuring the video games are properly placed, requiring proper insurance coverage and winnings are properly paid. The Illinois Gaming Board is responsible for discipline and the revocation of licenses; an Administrative Law Judge would conduct a hearing and make a determination according to the rules and regulations set up by the State of Illinois.

Village of Cary Policy Per previous direction by the Village Board, staff continues to advise potential applicants that the Village policy has been to support video gaming at restaurant locations only as an accessory use and to review licenses on a case by case basis. This policy was most recently discussed in May of this year. Issuance of liquor and gaming licenses by the Village are deemed as a “privilege” and not a “right,” and therefore the Village has authority to use its discretion when issuing licenses.

The table below provides an overview of past policy and licensing discussions related to Video Gaming within the Village of Cary. As evidenced by the table, the Village initially prohibited video gaming within the community following the state’s enactment of the Video Gaming Act. In 2013, the prohibiting ordinance was repealed in response to a petition from five existing local businesses seeking to add video gaming. Since 2013, nine establishments have received approval of video gaming licenses. Only two establishments, the Tobacco Stop in 2016 and Bella’s Bistro Market in 2017, have been denied license approval. However, the Tobacco Stop reapplied for a license in 2017 which was approved by the Village Board in June. Bella’s Bistro is also seeking a review of their application following the opening of their stores in other municipalities.

Date Item Vote Results July 13, 2009 State of Illinois Enacts Video Gaming Act N/A April 6, 2010 VB Approves Ordinance O10‐04‐01 Prohibiting Video Gaming 5‐0 in Cary September 10, VB Discusses Video Gaming Policy in Response to Petition N/A 2013 from Five Existing Businesses October 29, 2013 VB Approves Ordinance O13‐10‐02 Establishing Local 5‐1 Regulations for Video Gaming March 18, 2014 Coleman’s in the Park 4‐0 April 1, 2014 Kelli’s Cuckoo’s Nest 5‐1 June 3, 2014 Maple Tree Inn 4‐1 July 15, 2014 Tracks Bar and Grill 5‐1 July 2, 2015 Galati’s Hideaway 5‐1 March 1, 2016 Policy Discussion on Video Gaming N/A March 1, 2016 Tobacco Stop 3‐4 September 6, 2016 750 Cucina Rustica 5‐1 March 7, 2017 Kojak’s 3‐1‐1 April 18, 2017 Orchard Prime / 6‐0 / Bella’s Bistro Market Continued May 16, 2017 Policy Discussion on Video Gaming N/A June 6, 2017 Tobacco Stop / 5‐1 / Bella’s Bistro Market Continued June 20, 2017 Bella’s Bistro Market 2‐4

Other existing businesses which serve alcohol have expressed an interest in potentially offering video gaming at their establishments in the future. The Village currently has two pending applications for gaming for Bellas Bistro Market and Lucky Bernie’s that will be scheduled for review by the Village Board following this discussion.

Surrounding Community Analysis In addition to the Village of Cary, nearby communities have also allowed video gaming within their jurisdictions. The following table summarizes nearby communities which have permitted gaming and both the number of establishments and terminals each has within their jurisdiction. The table also summarizes the average revenue generated to each municipality per machine during August 2017. This information was obtained from the Illinois Gaming Board.

Community # of # of Terminals Municipal Revenue / Establishments Machine (August ‘17) Algonquin 14 64 $152 Cary 7 35 $160 Crystal Lake 14 40 $189 Fox River Grove 7 31 $280 Huntley 12 55 $210 Johnsburg 12 57 $184 Lake In The Hills 11 49 $314 McHenry 32 140 $250 Woodstock 22 104 $180

Licensed establishments for the above nine communities range in services from sit down restaurants, bowling alleys, lodges, taverns, gas stations/truck stops, and gaming cafes. However, the majority are for restaurants and tavern locations. While the Village of Cary’s policy has been to not support gaming cafes, the ordinance does not specifically limit or restrict them. Some municipalities have established local requirements that limit video gaming cafes by clearly defining a café within their ordinance (i.e. size of establishment, number of machines relative to seating capacity). A proposed draft revision to the Village Ordinance is included in the packet which would provide specific regulations towards these types of uses if the Committee wanted to pursue an update to the Village’s regulations.

Action Requested This item is being presented for discussion per the request of the Village Board. Staff is seeking direction on the following actions related to video gaming within the Village of Cary.

1) Continue current policy as only accessory to restaurant uses (all applications reviewed by VB) 2) Update local regulations for video gaming to refine requirements (potential draft attached) 3) No longer allow video gaming (apply to future businesses) 4) No longer allow video gaming (apply to existing and future businesses)

Exhibits A. Existing Video Gaming Regulations with Draft Ordinance Changes

CHAPTER 5.34. ‐ VIDEO GAMING TERMINALS[9]

Sec. 5.34.010. ‐ License required.

No person shall have or keep a video gaming terminal or device in any public place unless such terminal or device is licensed by the Village as well as the State, through the Illinois Gaming Board, and pursuant to the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) and the rules and regulations implemented thereto and as may be amended from time to time. Sec. 5.34.020. ‐ Annual fee.

The annual fee payable to the Village shall be twenty five dollars ($25.00) for each video gaming terminal or device. The annual fee shall be due and payable on April 30 to coincide with the Business and Liquor license renewal. Sec. 5.34.030. ‐ Replacement of license.

Whenever a licensed video gaming terminal is replaced or an existing license is lost, a replacement license must be obtained. Sec. 5.34.040. ‐ Issuance.

No license shall be issued except upon approval by the Mayor and Village Board. The applicant must obtain proper Federal and State licenses and exhibit proof of said licenses prior to the issuance of a license pursuant to this chapter and the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). Upon approval of the application and payment of the license fee, the Village shall issue a license certificate for each video gaming terminal licensed. The license shall be posted in a conspicuous place and affixed such that it cannot be transferred from one terminal to another. A video gaming license is purely a personal privilege and does not constitute property nor is it transferable. Sec. 5.34.050. ‐ Placement of video gaming terminals. General Regulations

All such video gaming devices or terminals shall at all times be located in an area restricted to persons over twenty-one (21) years of age. Video gaming terminals shall be kept separate from areas accessible to minors. Video gaming terminals shall be located in areas with restricted visibility from areas outside the business. The following regulations apply to all licensed establishments operating a video gaming terminal on the licensed premises: a) A valid state video gaming license must be clearly displayed at all times. b) A valid village video gaming license must be clearly displayed at all times. c) No more than five video gaming terminals may be located on the licensed premises. d) All such video gaming devices or terminals shall at all times be located in an area restricted to persons over twenty-one (21) years of age. The entrance to the restricted area must be within view of at least one employee of the establishment who is over 21 years of age. Video gaming terminals shall be kept separate from areas accessible to minors. Video gaming terminals shall be located in areas with restricted visibility from areas outside the business. e) No licensed establishment may permit any person under the age of 21 years to use, play, or operate a video gaming terminal.

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f) The licensed establishment must fully comply with all applicable village ordinances, including the village’s liquor control regulations, as well as any applicable federal and state laws and regulations. g) The licensed establishment must fully comply with the Illinois Video Gaming Act, as amended, and all rules, regulations, and restrictions imposed by the Illinois Gaming Board. h) Licensed establishments must immediately notify the village administrator in the event the Illinois Gaming Board revokes or suspends the licensed establishment’s video gaming license. The revocation, loss, or suspension of a valid state video gaming license shall automatically result in the revocation, loss, or suspension of the village video gaming license for all video gaming terminals without any refund of any fee. i) An owner, manager, or employee over the age of 21 will be present during all hours of operation when video gaming terminals are available for use by the public. Sec. 5.34.060. ‐ Inspection.

The Chief of Police or his designee shall inspect or cause the inspection of any place or building in which any such video gaming device or terminal is operated or set up for operation and shall inspect, investigate and test such video gaming devices or terminals as needed. Sec. 5.34.070. ‐ Enforcement and revocation.

Any person, firm or corporation violating any provision of this chapter shall be fined not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense committed on each day during, or on which, a violation occurs or continues to occur. Permits may be revoked at the discretion of the Village Board at any time provided a three (3) day notice is given to the operator. Sec. 5.34.080. ‐ Exterior signage.

The exterior of the premises that has been granted a license for video gaming shall not exhibit any exterior sign(s) or device(s) that indicate video gaming is available on the premises, except for temporary and window signage in accordance with Title 14, Village of Cary Sign Ordinance. Offsite signs located in the Village corporate limits indicating video gaming is available at a premise shall be prohibited. Sec. 5.34.090 – Video Gaming Cafés Video gaming cafes are not permitted in the Village. A video gaming café is defined as an establishment whose primary or a major focus is video gaming, and the service of alcohol and food is secondary to the video gaming operation. The following factors may be considered when determining if a proposed establishment is a video gaming café: a) The layout and design of the establishment; b) The preparation and variety of food and beverages offered; c) The creation and operation of a commercial kitchen on the premises where gaming is situated or a partnership with an establishment that operates a commercial kitchen; d) The number of video gaming machines relative to the customer seating capacity of the establishment must be ten (10) customer seats to one machine; e) The square footage of space devoted to video gaming relative to the amount of space devoted to other activities must be four for non-gaming to one for gaming; f) The source of proposed or actual revenue derived from the establishment;

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g) Whether the establishment is proposed to be marketed as a gaming establishment or have a gambling theme; h) The number of employees at the establishment and their proposed function; and i) Any other factors as determined relevant by the local liquor commissioner.

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Agenda Item: Discussion Regarding a Public Comment Policy

Report From: Village Administrator

Introduction At the November 15, 2016 Village Board meeting, the Village Board considered a public comment policy. The public comment policy was ultimately not approved as the motion failed to receive a second. The public comment policy was brought back to the Committee of the Whole on September 5, 2017 for discussion. The committee discussed the policy and recommended certain changes to the policy. The policy was updated and brought forward to the September 19, 2017 Village Board meeting. At this Village Board meeting, the Village Board tabled the public comment policy for further discussion and to review an alternative public comment policy presented by Trustee Cosler.

A public comment policy is designed to create reasonable standards and fairness for all individuals who are seeking to address the Village Board. Attached are various resources for the Committee of the Whole to review along with the public comment policy originally reviewed by the Village Board and the alternative public comment policy presented by Trustee Cosler. Village staff is seeking direction from the Committee on the public comment policy.

Exhibits A. Ancel Glink Memo B. Illinois Municipal Review Article C. Public Comment Policy – Option 1 D. Public Comment Policy – Option 2

Committee of the Whole Betz Cosler Covelli Kraus McAlpine Weinhammer Kownick Option 1

Option 2

Other

A Professional Corporation Julie A. Tappendorf 140 South Dearborn Street, Suite 600 [email protected] Chicago, IL 60603 (P) 312.604.9182 www.ancelglink.com (F) 312.782.0943

M E M O R A N D U M

To: Mayor & Board of Trustees, Village of Cary

CC: Chris Clark, Village Administrator

From: Julie A. Tappendorf Adam B. Simon

Subject: Public Comment Policy

Date: October 13, 2016

As you may know, the Illinois Open Meetings Act was amended a few years ago to require all public bodies to provide an opportunity for members of the public to address public officials. The Illinois Attorney General has interpreted that legislation to require public bodies to provide a public comment period at each meeting. The Attorney General has also taken the position that public bodies should adopt written public comment policies to inform members of the public of any restrictions or guidelines placed on these public comment periods.

To comply with this law, we recommend that the Village Board adopt a written public comment policy. To that end, we put together a draft policy that incorporates the Village Board’s current practices and also includes additional policies that other public bodies have adopted and implemented and that have been upheld by the Attorney General as reasonable rules and procedures for public comment.

There are a number of benefits to having a written public comment policy in place. First, having a written policy in place will support the Board’s enforcement of any restrictions or guidelines that have been put in place by the Board on public comment (i.e., time limits, rules for decorum, etc.). Second, having a public comment policy in writing will provide specific guidelines to all members of the public. Third, a policy will ensure that members of the public are all subject to the same rules, which will encourage fairness and equity in the public comment period. Fourth, implementing rules for public comment will help maintain order during Village Board meetings, so the Village Board members can ensure they have adequate time and opportunity to address and act on the business items on the agenda, while still providing members of the public an opportunity to provide input during a defined period or periods of the agenda.

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CHICAGO ● VERNON HILLS ● NAPERVILLE ● CRYSTAL LAKE ● BLOOMINGTON

Revised 9/6/17

VILLAGE OF CARY PUBLIC COMMENT POLICY

In accordance with the Illinois Open Meetings Act, the Cary Village Board of Trustees (“Board”) provides two separate opportunities for public comment at Board meetings. The first opportunity is during the general “public comment” agenda item that is scheduled before the business portion of the Board meeting. The second opportunity for public comment is during specific agenda items, when the Board has determined that public comment would be beneficial to the Board.

The Board has a responsibility to conduct the business of the Village in an orderly and efficient manner and to establish reasonable procedures for public comment at its meetings. The Mayor, as Chair of the meeting (or the Chair Pro-Tem in the Mayor's absence) is responsible for ensuring the orderly conduct of the meeting and will rule on the appropriateness of any public comment issues that may arise.

The following procedures for public comment are intended to maintain the orderly conduct of meetings and ensure fairness to those who wish to address the Board:

1. Anyone interested in speaking publicly at a Board meeting is welcome. Individuals are asked to sign in just prior to the start of the meeting.

2. The general public comment portion of the meeting occurs prior to the business of the meeting. This public comment period is intended to provide an opportunity for individuals to comment on non-agenda items. Speakers will be limited to three minutes per person during the general public comment portion of the meeting, unless extended by the Board in its discretion.

3. The Board may also allow members of the public to speak during a particular agenda item. Speakers must limit their comments to topics relevant to that particular agenda item, and will be limited to three minutes per person during the agenda-specific public comment period.

4. Only one person may speak at a time during any public comment period.

5. No person may assign their time to any other person.

6. The Chair may deny a person who has previously addressed the Board the opportunity to speak again during the same meeting on the same topic.

7. No person may address the Board or engage in public comment except during one of the two defined public comment periods, when recognized by the Chair, and only while the speaker is at the microphone.

8. During any public comment period, Board members may ask questions of the speaker while he or she is at the microphone, if recognized by the Chair. However, the Board need not answer questions from a speaker during any public comment period. If a person has a question for the Board, the individual may be asked to submit the question in writing.

9. Any person who engages in threatening, slanderous, or disorderly behavior when addressing the Village Board, or who speaks out of turn or otherwise disrupts the Village Board meeting, shall be deemed out- of-order by the Chair. Repeated or extraordinary occurrences of disorderly conduct shall be grounds for the Chair to cause the violator to be removed from the meeting room. The Chair will rule on whether remarks made are in violation of this policy.

10. The Board has the authority to determine procedural matters regarding public participation not otherwise defined in this policy.

Village of Cary Public Comment Policy

You may address the Village Board on any matter during the public forum portion of the meeting or comment directly on separate agenda items. Please sign‐in at the entry of the Chambers before the start of the meeting and approach the microphone once you have been recognized by the Chair. If you did not have the opportunity to sign in prior to the meeting, the Chair will ask if there are any other speakers. If you would like to speak, please raise your hand and the Chair will recognize you.

At open meetings of the Village Board, public comments are accepted for a maximum of 60 minutes on each agenda item (denoted by numeral) during the meeting. If the amount of comment is anticipated to exceed the set limit, a time extension will be decided by a majority vote of the Village Board.

At the beginning of your comment, please state your name. There is a five (5) minute time limit for your remarks. Please be aware that the public body is not required to respond to your remarks during the course of the meeting. Public comments are always welcomed via email at [email protected] or U.S. Mail at: 655 Village Hall Drive, Cary, IL 60013. October 17, 2017 Committee of the Whole

Agenda Item: Discussion on Ethics Ordinance

Report From: Village Administrator

Introduction The Village Board has engaged in general discussion and expressed interest in potentially considering a local ethics ordinance. On September 5, 2017, Attorney Tappendorf reviewed with the Village Board the existing state statute ethics language. The consensus of the Village Board was to develop and review a draft local ethics policy that went beyond existing state statute regulations.

The attached draft ethics ordinance is being submitted to the Committee of the Whole for review and comment.

Exhibits A. Local Ethics Ordinance

ORDINANCE #O17-______

AN ORDINANCE AMENDING CHAPTER 2.82 OF THE CARY MUNCIPAL CODE TO ENACT LOCAL ETHICS REGULATIONS

WHEREAS, from time to time, the Village Board of Trustees of the Village of Cary reviews its ordinances to determine if they are up to date to meet the changing conditions in the Village; and

WHEREAS, state statute establishes certain ethics regulations for elected and appointed Village officials and employees, including restrictions on the acceptance of gifts, conflicts of interest, and political activities, among others; and

WHEREAS, the Mayor and Board of Trustees have determined that it is in the best interests of the Village of Cary and its residents to amend its current ethics regulations in the Cary Municipal Code to establish local ethics regulations that are stricter than the ethics regulations established by state law;

NOW, THEREFORE, BE IT ORDINANED by the Mayor and Village Board of Trustees of the Village of Cary, as follows:

SECTION 1: The above recitals are incorporated as if fully set forth herein.

SECTION 2: Section 2.82 of the Village of Cary Municipal Code, entitled “Ethics” is hereby amended as follows (new language is shown in bold, underlined text):

“2.82. - ETHICS

Sec. 2.82.010. - Officials and Employees Ethics Act.

A. The regulations of Sections 5-15 (5 ILCS 430/5-15) and Article 10 (5 ILCS 430/10-10 through 430/10-40) of the State Officials and Employees Ethics Act, 5 ILCS 430/1-1 et seq. (hereinafter referred to as the "Act" in this section), are hereby adopted by reference and made applicable to the officers and employees of the Village to the extent required by 5 ILCS 430/70-5.

B. The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any officer or any employee of the Village, is hereby prohibited.

C. The offering or making of gifts prohibited to be offered or made to an officer or employee of the Village under the Act is hereby prohibited.

D. The participation in political activities prohibited under the Act, by any officer or employee of the Village, is hereby prohibited.

E. For purposes of this section, the terms "officer" and "employee" shall be defined as set forth in 5 ILCS 430/70-5(c).

F. The Board of Trustees shall by separate resolution establish procedures and rules governing the performance of the duties and powers of the Ethics Commission of the Village regarding, but not limited to, in their discretion the appointment of a Hearing Officer to investigate and conduct hearings on any written complaints forwarded to the Commission with respect to violation of the Ethics Act (5 ILCS 430/1-1 et seq.) as they may relate to any officer or employee of the Village.

G. This section does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of Village officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this section, however, the provisions of this section shall prevail in accordance with the provisions of 5 ILCS 430/70- 5(a).

H. Any amendment to the Act that becomes effective after the effective date of the ordinance from which this section is derived shall be incorporated into this section by reference and shall be applicable to the solicitation, acceptance, offering and making of gifts and to prohibited political activities. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this section by reference without formal action by the Corporate Authorities of the Village.

I. If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this section shall be repealed as of the date that the Illinois Supreme Court's decision becomes final and not subject to any further appeals or rehearings. This section shall be deemed repealed without further action by the Corporate Authorities of the Village if the Act is found unconstitutional by the Illinois Supreme Court.

J. 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 shall remain in full force and effect; however, that part of this section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the Corporate Authorities of the Village.

Sec. 2.82.020. – Local Ethics Policy

A. Policy and Purpose. It is the policy of the village of Cary to uphold, promote, and demand the highest standards of ethical behavior from all elected and appointed officers, officials, and employees. Accordingly, all elected and appointed officers, officials, and employees of the village shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties. All shall comply with all applicable laws, ordinances and policies, and never use their village position or powers improperly, or for personal or private gain.

The village of Cary and its officers, officials, and employees share a commitment to ethical conduct in service to the community. The purpose of this ethics policy is to ensure that all persons associated with the village as officials, officers, or employees have clear guidance for carrying out their roles and responsibilities.

B. Definitions. For purposes of this section, the following definitions shall apply:

FAMILY RELATIONSHIP OR FAMILY MEMBER: Any "relationship" defined as follows: spouse, domestic partner, parents, parents of spouse or domestic partner, siblings, siblings of spouse or domestic partner, children (including adopted), and children of spouse or domestic partner (including adopted).

FINANCIAL INTEREST: Any economic interest or relationship, whether by ownership, trust, purchase, sale, lease, contract, option, investment, employment, gift, fee or otherwise, whether present, promised or reasonably expected; whether direct or indirect, including interests as consultant, representative or other person receiving (or who may be receiving) remuneration, either directly or indirectly in another’s name, as a result of a transaction; whether in the person itself or in a parent or subsidiary corporation, or in another subsidiary of the same parent; whether such interest is held directly or indirectly by the official, officer, or employee, his or her the spouse or minor child, or any other person with a family relationship with the official, officer, or employee owning or sharing the same household. Interest shall not include: a) interest in a mutual fund or managed account; b) an ownership interest of less than five percent (5%) in any business entity; or c) an interest of general applicability affecting others in similar situations.

RECUSE: To refrain from participation in any official discussion, meeting or deliberation regarding a transaction and, where permitted to vote, to cast a vote of recusal when any vote is taken on such transaction.

TRANSACTION: Any matter, including, without limitation, contracts, work or business with the village, the sale or purchase of real estate by the village and any requests for zoning, development or subdivision approvals, including, without limitation, rezonings, variations and special use permits, licenses or other requests, pending before the village, with respect to which an official, officer, or employee performs an official act or action.

C. Statutory and Common Law Conflicts of Interest. No village official, officer, or employee shall participate in any transaction that would constitute a prohibited conflict of interest under statute or common law of the state of Illinois.

D. Local Conflicts of Interest. In addition to the requirements of subsection C of this section, no village official, officer, or employee shall participate in any transaction in which a "financial interest," as defined in this section, would present a conflict of interest or a potential conflict of interest.

1. Recusal. A village official, officer, or employee shall recuse himself or herself in connection with any transaction that comes before himself or herself in the course of his or her duties, whenever he or she has: 1) any financial interest in the transaction; or 2) any family relationship with a person having a financial interest in such transaction.

2. Notification. Upon becoming aware of any conflict of interest as described in paragraph D.1 of this section, the official, officer, or employee shall promptly provide written notification to the village administrator or his or her designee, within 48 hours, of the conflict and the recusal from any official action with respect to the transaction.

3. Nonappearance Before Same Board or Commission. No official, officer, or employee required to recuse himself or herself in connection with a transaction shall appear before the board or commission of which he or she is a member with respect to that transaction.

4. Nonparticipation and Disclosure Before Other Board or Commission. Any official, officer, or employee who has actual knowledge that he or she, individually or through a family relationship, has an interest in a transaction pending before a board or commission on which the official, officer, or employee does not serve as a member, either: 1) shall not appear or participate personally before the other board or commission on which he or she does not serve relating to such transaction; or 2) shall disclose such interest on the record prior to appearing before and participating in any proceeding before a village board or commission.

E. Disclosure of Confidential Information. No current or former official, officer, or employee shall disclose or improperly utilize any confidential information learned during employment or service with the village without prior authorization. Authorization for disclosure by elected officials and the village administrator shall be requested of the village president in writing. Authorization for disclosure by employees shall be requested of the village administrator in writing. "Confidential information" means any nonpublic information, written or otherwise, including information exempt from disclosure pursuant to the open meetings act, the freedom of information act, or information exempt from disclosure pursuant to written agreement.

F. Use of Authority or Influence

1. Use of Position to Influence Employment for Others: No elected official shall directly or indirectly communicate with staff seeking to influence the hiring or termination of an employee or contractor. Such discussions shall be conducted with the village president or village administrator, or in accordance with the requirements of the open meetings act, with members of the village board.

2. Use of Position to Seek Favors for Self or Others: No official, officer, or employee shall directly or indirectly obtain or seek to obtain preferential treatment for himself or herself or any other individual or entity. Officials, officers, and employees must follow the same rules, regulations and processes that are applicable to the general public. Village staff shall maintain a record of all written or oral communications from all elected officials and department heads in which the requester appears to be directly or indirectly seeking to obtain preferential treatment for himself or herself or any other individual or entity. The communications from department heads should always be reported when they involve requests unrelated to that individual's duties in the village. All such requests should be reported to the village president and to the village administrator, who may consult with the village attorney as to whether the communication constitutes a violation of this chapter. Village staff may also transmit communications from other officials, officers, or employees which they believe may violate this code.

3. Use of Position to Misrepresent Official Policy: No official, officer, or employee shall utilize his or her role to intentionally misrepresent the policy or position of the village.

4. Impartiality; Special Treatment of Others. Every official, officer, and employee shall perform his or her duties for the benefit of all citizens of the village with impartiality and without prejudice or bias toward any citizens and, to that end, shall not grant or make available to any citizen any consideration, treatment, advantage, or favor beyond that which is available to every other citizen.

5. Unauthorized Private Use of Public Property. No official, officer, or employee shall request or permit the unauthorized use of village-owned vehicles, equipment, materials, or property for personal convenience or profit.

Sec. 2.82.030. Penalty.

Any village official, officer, or employee convicted of a violation of any 5

section contained within this chapter shall be subject to a fine in an amount not to exceed seven hundred fifty dollars ($750.00) for each violation. A violation committed shall be considered a separate offense each day. In addition, violations of the provisions of this chapter may be utilized to take disciplinary action up to and including discharge for employees or removal from office for appointed offices. Elected officials who violate any provisions of this chapter may, upon conviction, be fined as provided for in this section, and a violation may be utilized by the corporate authorities to determine whether the elected official’s actions should be censured.”

SECTION 3: All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict.

SECTION 4: If any part or parts of this Ordinance shall be held invalid for any reason such decision shall not affect the validity of the remaining part or parts of this Ordinance.

SECTION 5: This Ordinance shall be in full force and effect from and after its passage and approval according to law.

PASSED THIS __ DAY OF ______, 2017

AYES:______

NAYS: ______

ABSTAIN: ______

ABSENT: ______

APROVED THIS __ DAY OF ______, 2017

______MAYOR ATTEST:

______VILLAGE CLERK

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