Ethics and Conflicts of Interest (An Overview of What Not to Do) Roger Huebner Deputy Executive Director / General Counsel Illinois Municipal League rhuebner@iml.org

Illinois Governmental Ethics Act Requires the filing of Economic Interest Statements. All Elected Officials, Appointed Boards that spend $$, and certain supervisory employees. Must File by May 1. $$ Penalties and/or Removal from Office or Employment for Not Filing.

Conflicts of Interest in Contracts Two statutes Govern: Illinois Municipal Code and the Public Officer Prohibited Activities Act. No officer may have a direct or indirect interest in any contract in which the officer may be called upon to act or vote.

Conflicts of Interest in Contracts Statutory Exceptions—Generally Owning Stock or Small Interest in a Company. Abstention Doesn’t Work, and Good Intention is No Defense. Class 4 Felony for Violation!

Official Misconduct Offenses Bribery Failure to Report a Bribe Official Misconduct Solicitation Misconduct

Offenses Regarding Contracts Bid Rigging. Disclosure of Bid Information. Interference with Contract Submission.

Incompatibility of Office Mayor, alderman/trustee, clerk, and treasurer may not hold another municipal office. Officer may not hold office with another unit of government if the duties of the two offices are such that both cannot be faithfully discharged. Specifically look at contracts and control of $$.

State Officials & Employees Ethics Act Even though this is for State officials, municipalities must adopt some of the provisions. Prohibited Political Activities. Gift Ban.

In Conclusion