…the Illinois model ordinance [for adoption by local units of government] is not even minimal. It only deals with political activities and gifts. There is nothing about conflicts; the word doesn’t even appear. To call it an ethics ordinance is like calling a burglary law a criminal code.
~ Robert Wechsler, CityEthics.org
Minimal as it is, City of DeKalb still can’t get it right. Remember when DeKalb Mayor Rey was called out for using his city email account for political activities? He was “admonished” by the city manager, who is the designated ethics advisor for the city. Even beyond the fact that city council members are the collective boss of city staff and shouldn’t be “admonished” by any city employee, that’s not how a complaint is supposed to be handled. Here’s what the Office of the Attorney General has to say:
Because it is vital that officers and employees understand the ethics laws, Article 15 of the Model Ordinance provides for the designation of an Ethics Advisor to whom officers and employees can address questions or concerns regarding compliance with its provisions, as well as other ethics matters, such as filing Statements of Economic Interest, where required.
Get it? Advisor. Handles questions and concerns, not complaints. Complaints are supposed to go to an ethics commission if the local unit has adopted this part of the model ordinance, and if the local government has not adopted a commission (as DeKalb has not), complaints are supposed to go “to an attorney representing the entity for review and prosecution.”
Did the city attorney not know this, or was he counting on no one’s looking it up?
Obviously, the city has not yet adopted enough of the state’s model ordinance language to address its responsibility to penalize ethics scofflaws like Mayor Rey. Considering that local units of government, home rule or not, are required to adopt regulations that are “no less restrictive” than those contained in the Ethics Act, and “admonishment” is lesser than prosecution, DeKalb should correct its ethics ordinance right away.
The AG’s model ordinance is here. It is 11 pages long.
DeKalb’s ethics ordinance is here. It is two pages long.
CityEthics.org also has a model ordinance, and it is here.