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An Ordinance Adopting an Amended Section 36.48 of the Village Code of Ordinances
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WHEREAS, it is the responsibility of the Corporate Authorities to periodically review and assess the standards for ethical conduct applicable to Village employment and the conduct of Village business to ensure that such standards reflect the best practices available for ensuring the highest standards of ethical conduct for Village employment and the conduct of Village business; and
WHEREAS, as a result of such periodic review and analysis of such standards, and in order to maintain such standards while at the same time ensuring the ability of the Village to transact its business in the manner that is most advantageous to the Village, revisions may appropriately be made to the standards of ethical conduct governing the conduct of Village business and eligibility for Village employment.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: ADOPTION OF AMENDED SECTION 36.48 OF THE VILLAGE CODE OF ORDINANCES. All those heretofore adopted ordinances of the Village of Romeoville codified as and for Section 36.48 of the Village Code of Ordinances shall hereby be amended to read as follows:
(A) Any vendor, supplier, contractor or bidder on a contract shall submit to the village in writing a disclosure statement provided by the village in conformity with ILCS Ch. 65, Act 5, § 3.1-55-10 stating, if applicable, any interest that any person associated with that vendor, supplier or bidder might have in the government of the village including serving on an advisory panel or commission, and including service as an employee of the Village. Such disclosure statement shall further provide all information reasonably required in response to the requirements of this Chapter 36.48. In cases where the expense of a contract, bid or proposal exceeds the sum of $100,000.00, the vendor, supplier, contractor or bidder shall also identify the names of all persons holding an ownership interest in the vendor, supplier or bidder in excess one percent who are related as spouse, parent, child, sibling, aunt, uncle or cousin to any person then holding elected office or any employment position with the Village. In the event that any part of the contract, bid or proposal in question is to be subcontracted to one or more subcontractors (including materials suppliers) or to one or more tiers of subcontractors (including materials suppliers), the vendor, supplier, contractor or bidder in question shall also cause the foregoing information to be provided with respect to all subcontractors (including materials suppliers) in all subcontracting tiers. The truthfulness and accuracy of the disclosure statement shall be the responsibility of the vendor, supplier, contractor or bidder in question. The failure to supply the disclosure statement required hereunder shall constitute grounds for rejecting any bid, proposal, or award of a contract.
(B) No vendor, supplier, bidder or contractor shall be eligible to enter into any contract with the Village having a value or expense in excess of $100,000.00 where a person holding an ownership interest in excess of one percent in such vendor, supplier, bidder or contractor is related as spouse, parent, child, sibling, aunt, uncle or cousin to any person then holding elected office or any employment position with the Village, where such employment position in any way involves the review or approval of bids, contracts, proposals or purchases. In cases where all or a portion of such contract is to be subcontracted to one or more subcontractors (including materials suppliers) or to one or more tiers of subcontractors (including materials suppliers), a vendor, supplier, bidder or contractor shall not be eligible to enter into any such contract with the Village if a person holding an ownership interest in excess of one percent in any subcontractor in any tier of subcontractors is related as spouse, parent, child, sibling, aunt, uncle or cousin to any person then holding elected office or any employment position with the Village where such employment position in any way involves the review or approval of bids, contracts, proposals or purchases.
(C) No vendor, supplier, bidder or contractor shall be eligible to enter into any contract with the Village having a value or expense in excess of $100,000.00 (or any group or series of multiple contracts that, in a given calendar year or given fiscal year of the Village, has an aggregate value or expense in excess of $100,000.00) if such vendor, supplier, bidder or contractor then employs any elected Village official or any Village employee, or then possesses or maintains any compensated independent contracting or consulting relationship with any elected Village official or any Village employee.
(D) No vendor, supplier, bidder or contractor shall be eligible to enter into any contract with the Village having a value or expense in excess of $100,000.00 (or any group or series of multiple contracts that, in a given calendar year or given fiscal year of the Village, has an aggregate value or expense in excess of $100,000.00) if such vendor, supplier, bidder or contractor then employs or possesses or maintains any compensated independent contracting or consulting relationship with any individual who was employed by the Village or served as an elected official of the Village at any time during the preceding two years.
(E) By a vote of two thirds of the Village Trustees then holding office, the provisions of this Section 36.48 may be waived with respect to any contract otherwise subject to these provisions where such a waiver is deemed to be advantageous to the Village, and such waiver shall be recited in the legislation authorizing the execution of any such contract.
(F) As used in this Section 36.48, references to vendors, suppliers, contractors or bidders and the like shall exclude any governmental body or entity with which the Village may contract with from time to time.
SECTION 3: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.