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TO: Mayor Irvin and the Members of the City Council
FROM: The Law Department
DATE: June 24, 2019
SUBJECT:
Intergovernmental Agreement for Enforcement of the City's Ethics Ordinance.
PURPOSE:
To enter into an agreement with DuPage County for shared enforcement of the City's new Ethics Ordinance.
BACKGROUND:
In January of 2019, the former Special Committee on Revisions to the City Code (Special Committee) began a review of Chapter 2, Article III, Division 2 of the City Code that, generally, addresses the ethical standards for the City's officers and employees. The Special Committee recommended adoption of a comprehensive revision of these standards to be codified as a new chapter of the City Code that both modernized and restated existing rules and streamlined the enforcement procedures. See Legistar 19-0015.
Due to the similarity of the proposed revisions to the DuPage County Ethics Ordinance of 2012, and DuPage County's existing practice of entertaining intergovernmental agreements with governmental entities that adopt ethics policies similar to the County's, the Special Committee, and later the Committee of the Whole requested that the Law Department begin discussions with DuPage County to determine whether a shared enforcement agreement between the City and the County was feasible and appropriate.
With the caveat that the City Council has yet to formally enact the new ethics ordinance, various County officers have responded favorably to the concept and the Law Department has negotiated the attached intergovernmental agreement with the DuPage County State's Attorney's Office. Despite the positive reaction by County staff as well as our COW, the IGA requires formal approval by the City Council and the County Board.
DISCUSSION:
The existing City Code provides for a 9-member Ethics Commission, though no members have been appointed to the Commission for approximately 20 years. Utilizing the DuPage County Ethics Commission to hear complaints under the new ordinance provides for the availability of a standing, trained adjudicative body when necessary, and affords a degree of independence that would not otherwise be available. Similarly, use of the County's investigator general and ethics adviser provides for investigatory independence and consistency of advisory opinions.
IMPACT STATEMENT:
Approval of the IGA will allow the City to utilize DuPage County's Ethics Officers to enforce and provide guidance as to Aurora's proposed new Ethics Ordinance. In the event the City approves the new ordinance, but declines to pursue the IGA, the ordinance contains a mechanism for the City to appoint its own ethics officers to perform the duties contemplated by this IGA.
RECOMMENDATIONS:
That the Council deliberate on the proposed IGA and take whatever action it deems appropriate
cc: Rules, Administrations and Procedures Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance authorizing the execution of an Intergovernmental Agreement with the County of DuPage for the shared enforcement of the City of Aurora Ethics Ordinance.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City of Aurora has enacted an ordinance establishing and restating ethical standards for its officers and employees; and
WHEREAS, said ordinance, hereinafter the City of Aurora Ethics Ordinance, is similar in organization, process, and substance to the DuPage County Ethics Ordinance of 2012 (DuPage Ordinance); and
WHEREAS, the DuPage Ordinance expressly encourages the formulation of shared enforcement agreements with other governmental entities that adopt similar ordinances; and
WHEREAS, the City and the County are both units of local government as defined by the Illinois Constitution and in accordance with the Constitution and laws of the State are empowered to contract or otherwise associate among themselves to exercise, combine, or transfer any power or function, in any manner not prohibited by law or by
Ordinance; and
WHEREAS, the State Officials and Employees Ethics Act, specifically requires and empowers units of local government to regulate in a manner no less restrictive than set forth in the Act, (i) the political activities of officers and employees of the governmental entity and (ii) the soliciting and accepting of gifts by and the offering and making of gifts to officers and employees of the unit; and
WHEREAS, the City of Aurora Ethics Ordinance and the DuPage Ordinance are consistent with the requirements of the State Officials and Employees Ethics Act; and
WHEREAS, the City Council desires to enter into an Intergovernmental Agreement with DuPage County for the shared enforcement of the City of Aurora Ethics Ordinance; and
WHEREAS, the City and the County have negotiated an Intergovernmental Agreement for this purposes, and such Intergovernmental Agreement is attached to and incorporated herein as Exhibit A.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the Intergovernmental Agreement set forth as Exhibit A shall be and hereby is approved; and further
BE IT ORDAINED, that the Mayor and Clerk shall be and hereby are authorized and directed to execute the aforementioned intergovernmental agreement on behalf of the City and to transmit a copy of the same to the Chairman of the DuPage County Board and the DuPage County Clerk; and further
BE IT ORDAINED, that the City Council requests the approval of the DuPage County Board of the said intergovernmental agreement.