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PROPOSED ORDINANCE AMENDMENT
AMENDMENT TO ETHICS ORDINANCE
BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 2 Administration, Article VII Ethics, Division 2 Code of Ethical Conduct, Sections 2-562, 2-580 and 2-585 of the Cook County Code is hereby amended as follows:
Sec. 2-562. Definitions.
The following words, terms and phrases, when used in this division shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Absolutely necessary means that another means of identification, such as employee identification number, cannot be substituted for the social security number without frustrating the purpose of the request.
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.
Board of Ethics or Board means the Cook County Board of Ethics, as defined in Section 2-591.
Board or Commission Appointee means all individuals appointed by the President to any Boards or Commissions created by State Statute or County Ordinance that require the approval, confirmation or advice and consent of the County Board.
Board or Commission means any Board or Commission created under County Ordinance or State Statute whose members are appointed by the President subject to the approval, confirmation, or advice and consent of the County Board.
Candidate means any person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at either a general primary election or general election or who has raised or expended money for themselves in pursuit of any of the following offices: Cook County Board President, Cook County Commissioner, Cook County State's Attorney, Cook County Assessor, Clerk of the Circuit Court of Cook County, Cook County Sheriff, Cook County Clerk, Cook County Treasurer, Cook County Board of Review Commissioner.
Collective bargaining has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 5/1-3).
Compensated time means any time worked by or credited to an employee that counts toward any minimum work time requirement imposed as a condition of employment but does not include any designated holidays or any period when the employee is on a leave of absence.
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.
Compensatory time off means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of employment.
Confidential Information means any information that may be exempt from disclosure under the Illinois Freedom of Information Act, codified at 5 ILCS 140/1, et seq. or required to be held confidential by agreement.
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.
Contribution has the same meaning as that term is defined in Section 9-1.4 of the Election Code (10 ILCS 5/9-1.4).
County means the County and all government agencies of the County.
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 $10,000.00 $25,000.00 during the previous four years.
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.
Employee means an individual employed by the County whether part-time or full-time or by a contract of employment. The term "employee" shall include individuals employed by County Officers as referenced in Article VII, Section 4 of the Illinois Constitution. The term "employee" shall not include judges of election or Officials.
Employment means activity in which one engages or is employed in return for compensation, including but not limited to self-employment and work as a consultant.
Familial relationship shall mean a person who is a relative of an official, employee, board or commissioner appointee.
Financial interest means any of the following:
(1) Any interest as a result of which the owner currently received or is entitled to receive in the future more than $1,200.00 per year.
(2) Any interest with a cost or present value of $5,000.00 or more.
(3) Any interest representing more than ten percent 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, the term "financial interest" shall not include any of the following:
a. Any ownership through purchase at fair market value of inheritance of less than one percent 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 (15 U.S.C. § 78a et seq.);
b. The authorized compensation paid to an official or employee for their office or employment, or the authorized compensation paid to a board or commission appointee for their office or employment;
c. Any economic benefit provided equally to all residents of the County;
d. A time or demand deposit in a financial institution;
e. An endowment or insurance policy or annuity contract purchased from an insurance company;
f. Any accrued pension rights in the County fund; or
g. With respect to a mutual fund, the individual securities of other instruments owned by the mutual fund.
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, board or commission appointee or employee that is given without fair-market consideration. Gifts shall exclude:
(1) Anything for which the official, board or commission appointee, or employee or their spouse, domestic partner, civil union partner or relative living with them pays the market value;
(2) Any opportunities, benefits, or services that are available to an official, board or commission appointee or employee or their spouse, domestic partner, civil union partner or relative living with them on the same terms and conditions as the general public; and
(3) Any contribution that is lawfully made and reported under the Election Code or under this article associated with political fundraising for a political organization, political committee, or candidate for elected office.
Leave of absence means any period during which an employee does not receive compensation for employment, service credit towards pension benefits, and health insurance benefits paid for by the employer.
Legislative action means the introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, veto or other official action or nonaction on any ordinance, resolution, motion, order, appointment, application or other matter pending or proposed in the County Board or any committee or subcommittee thereof.
Official means any individual elected or appointed to an elected County office, regardless of whether the individual is compensated, including the Cook County Board President, Cook County Commissioners, Cook County State's Attorney, Cook County Assessor, Clerk of the Circuit Court of Cook County, Chief Judge of the Circuit Court of Cook County, Cook County Sheriff, Cook County Clerk, Cook County Treasurer, Cook County Board of Review Commissioners.
Official action means any decision or recommendation by a person acting in a capacity as an official. Official action shall not include matters that are ministerial in nature.
Person means any individual, entity, corporation, partnership, firm, association, organization, unincorporated organization, company, recipient of County funds, union, trust, trustee, legal representative, legal entity, estate, as well as any corporate affiliate of any of the foregoing, and whether or not operated for profit.
Political activity means any activity in support of or in connection with any campaign for elective office or any political organization or political committee, but does not include activities relating to the support or opposition of any executive, legislative or administrative action; if in furtherance of the person's official duties, relating to bargaining; or that are otherwise in furtherance of the person's official duties.
Political committee incorporates the definition of that that term as it appears in the Illinois Election Code, 10 ILCS 5/9-1.8(a).
Political organization means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9.3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk.
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 fund-raiser, political meeting, or other political event.
(3) Soliciting, planning the solicitation of, or preparing any document or report regarding anything 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 or political committee 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 probable vote outcome in connection with a campaign for elective office or on behalf of a political organization or political committee for political purposes or for or against any referendum question.
(6) Assisting at the polls on behalf of any political organization, political committee 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 political committee 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 or political committee 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.
Prohibited source means any person or entity who:
(1) Is seeking official action:
a. By any official or board or commission appointee; or
b. In the case of an employee, by the employee or by the official, County agency, board or commission, or other employee directing the employee.
(2) Does business or seeks to do business:
a. With any official or board or commission appointee; or
b. In the case of an employee, with the employee or with the official, County agency, board or commission, or other employee directing the employee.
(3) Conducts activities regulated:
a. By any official or board or commission appointee; or
b. In the case of an employee, by the official, County agency, board or commission, or other employee directing the employee.
(4) Has interests that may be substantially affected by the performance or nonperformance of the official duties of any official, board or commission appointee or employee; or
(5) Is registered or required to be registered with the State to lobby Cook County, 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.
Publicly post or publicly display means to intentionally communicate or otherwise intentionally make available to the general public.
Relative means an Official's, Employee's, or Board or Commission appointee's spouse, domestic partner, civil-union partner, parent, step-parent, child, step-child, grandparent, sibling, step-sibling, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, half-brother, or half-sister, and all of the preceding forms of relation to the official's, employee's, or board or commission appointee's spouse, domestic partner, or civil union partner (if any).
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. This includes responding to a request for qualifications, joining a pool of pre-qualified vendors or any similar procurement vehicle. The presumption that such a person is "seeking to do business" will last for the same duration as any RFQ, pre-qualified pool or similar procurement vehicle remains valid for all qualified respondents.
Sexual Harassment means any unwelcome sexual advance, request for sexual favors or other verbal, visual or physical conduct of a sexual nature regardless of gender. Sexual Harassment includes, but is not limited to:
(1) Verbal harassment (e.g., lewd or sexually suggestive remarks, pranks, epithets, jokes, threats or slurs);
(2) Physical harassment (e.g., touching, patting, pinching or intentionally brushing against another's body);
(3) Visual harassment (e.g., leering, making sexual gestures, or displaying or sending lewd or sexually suggestive posters, cartoons, pictures, drawings or objects);
(4) Sexual innuendo and demands for sexual favors (e.g., unwelcome sexual statements or advances); or
(5) Any form of unwelcome sexual advance, request for sexual favors or other verbal, visual or physical conduct of a sexual nature regardless of whether it occurs face-to-face, in writing, on the telephone, by electronic mail, via the Internet, or by some indirect form of communication, as defined in Section 44-53 Prohibition of discrimination and harassment in the Cook County Code of Ordinances.
Single candidacy means the time period during which a candidate is seeking office with primary election and general election being separate candidacies.
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.).
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Sec. 2-580. Post-employment restrictions.
(a) No former official, employee, or board or commission appointee shall assist or represent any person other than the County in any judicial or administrative proceeding involving the County if the former official, employee, or board or commission appointee was counsel of record on the specific matter or participated personally and substantially in the proceeding during their term of office or employment.
(b) No former official, employee, or board or commission appointee shall assist or represent any person in any business transaction involving the County, if the official, employee, or board or commission appointee participated personally and substantially in that transaction during their term of office or employment.
(c) Except as provided in subsection (f) of this section, no official, employee, or board or commission appointee may, for a period of 364 calendar days following the termination of their term of office or employment, knowingly accept employment or receive any form of compensation, consideration, or fees for services from any person if the official, employee, or board or commission appointee participated personally and substantially in the decision to award a contract with a value of more than $15,000.00 $25,000.00 on behalf of the County, or County contracts with a cumulative value of more than, $15,000.00 $25,000.00 on behalf of the County, to the person offering such employment, compensation, consideration, or fees for services during the 364 calendar days prior to the termination of the official, employee, or board or commission appointee's term of office or employment.
(d) Except as provided in subsection (f) of this section for a period of 364 calendar days following the termination of their term of office or employment, no former employee, official, or board or commission appointee may knowingly and for compensation lobby any County agency, board, commission, official, board or commission appointee, on behalf of any other person.
(e) Except as provided in subsection (f) of this section, for a period of 364 calendar days following the termination of their term of office or employment, no former employee, official, or board or commission appointee may contract with the County to provide more than $15,000.00 $25,000.00 in compensated professional services to the County or otherwise receive more than $15,000.00 $25,000.00 in compensation for their labor from the County, unless the agency seeking to retain the former official or employee's services provides a certification to the Board of Ethics and the Chief Procurement Officer that the former official or employee's County experience or expertise is such that retention of that person for the specific services at issue is necessary to provide continuity of operations and/or will provide significant efficiencies to the County over hiring an employee or engaging an outside vendor to perform such services. Where the employee will be returning to the same agency, the required certification shall be made by the agency head. A copy of this certification shall be filed with the Secretary of the Cook County Board of Commissioners.
(f) The requirements of this section may be waived by the Board of Ethics upon a showing by the former official or employee that such waiver would not result in a conflict of interest or in the disclosure of the County's confidential information. Additional requirements for waiver may be further defined by rules adopted by the Board of Ethics and approved by the County Board.
(g) This section applies only to persons who terminate an affected position on or after the effective date of this article.
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Sec. 2-585. Limitations of contributions to candidates and elected officials.
(a) For the purposes of this Section, 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 $10,000.00 during the previous four years.
(a) (b) No person shall make contributions exceeding the limits established by the Election Code, 10 ILCS 5/9-1 et seq., when making contributions to any of the following elected officials or candidates for such office: Cook County Commissioners, the Cook County Board President, the Cook County Sheriff, the Cook County State's Attorney, the Cook County Assessor, the Cook County Clerk, the Cook County Clerk of the Circuit Court, the Cook County Treasurer, and members of the Cook County Board of Review, except as otherwise provided in Section 2-585.
(b) (c) No person who does business with the County; who has done business with the County during the preceding four years; is seeking to do business with the County; is registered with the State to lobby Cook County is seeking official action or has sought official action by the County during the preceding four years; is an officer, director or partner of a firm, contracted by the County to act as financial counsel, bond counsel, underwriter's counsel, legal counsel, or financial manager for the issuance of any bond and directly working on said bond transaction; or is a firm, officer, director or partner, contracted by the County to provide financial audits of County finances and directly working on said contract shall make contributions in an aggregate amount exceeding $1,500.00 in a calendar year to any local, state, or federal political committee that is established in support of a specific candidate for County office or to any local, state, or federal political committee that is established in support of a specific candidate for County office or an elected County official. The combined effect of these provisions is intended to permit total contribution up to, but not exceeding, $1,500.00 in a calendar year.
A calendar year, for purposes of this section, is from January 1 to December 31 of each year.
(c) (d) For purposes of subsection (b) of this section, an entity and its subsidiaries, parent company or otherwise affiliated companies (including a separate segregated fund of an entity, as that term is described in 52 U.S.C. § 30118(b)), shall be considered a single person. The political contributions of an entity's employees, officers, directors, and/or partners for which they are reimbursed by the entity or its affiliates shall also be considered those of 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 they are not reimbursed by a person with whom they are affiliated.
(d) (e) No Board or commission appointee of a County official whose board or commission appointment provides for compensation and requires confirmation by the Cook County Board of Commissioners shall make contributions in an aggregate amount exceeding $1,500.00 in a calendar year to any local, state, or federal political committee that is established in support of a specific candidate for County office.
A year, for purposes of this section, is from January 1 to December 31 of each year.
(e) (f) Any contributions made under this Section shall be reported as required by the Election Code, 10 ILCS 5/1-1 et seq.
(f) (g) Any candidate for any County office or any current elected official in Cook County government shall return contributions found in excess of the limitations set forth in this section within 30 days of notification from the Board of Ethics. Failure to return contributions within 30 days shall be a violation of this section and subject to fines under Section 2-602.
Effective date: This ordinance shall be in effect immediately upon adoption.
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