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Hinsdale Public Library Prohibited Gifts Policy

Hinsdale Public Library Prohibited Gifts Policy

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Published by: Hinsdale Public Library on Sep 13, 2010
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09/13/2010

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HINSDALE PUBLIC LIBRARY 
Prohibited Gift Policy and Resolution
A Resolution Implementing the Provisions of the State Officials andEmployees Ethics Act (5 ILCS 430/1-1
 ET SEQ)
For the Hinsdale Public Library
Whereas
, the Illinois General Assembly has enacted the State Officials and EmployeesEthics Act, 5 ILCS 430/1-1
et seq
., (“Act”) which is a comprehensive revision of the Statestatutes regulating ethical conduct, political activities and the solicitation and acceptance of giftsby State officials and employees; and
Whereas
, pursuant to Section 70-5 of the Act (5 ILCS 430/70-5), all units of localgovernment and school districts are required to adopt on or before May 19, 2004 an ordinance orresolution regulating the political activities of, and the solicitation and acceptance of gifts by,their respective officers and employees, “in a manner no less restrictive” than the provisions of the Act; and
Whereas
, the Board of Trustees of the Hinsdale Public Library desires to come intocompliance with the provisions of the Act;
NOW, THEREFORE, BE IT RESOLVED BYTHE BOARD OF TRUSTEES ASFOLLOWS:Section 1:
The regulations of Sections 5-15 (5 ILCS 430/5-15) and Article 10 (5 ILCS430/10-10 through 10-40) of the State Officials and Employees Ethics Act, 5 ILCS430/1-1
et seq.
, (hereinafter referred to as the “Act” in this Section) are hereby adoptedby reference and made applicable to the officers and employees of the Hinsdale PublicLibrary to the extent required by 5 ILCS 430/70-5.B.
 
The solicitation or acceptance of gifts prohibited to be solicited or accepted underthe Act by any officer or any employee of the Hinsdale Public Library is herebyprohibited.C.
 
The offering or making of gifts prohibited to be offered or made to an officer oremployee of the Hinsdale Public Library under the Act is hereby prohibited.D.
 
The participation in political activities prohibited under the Act by any officer oremployee of the Hinsdale Public Library is hereby prohibited.E.
 
For purposes of this Section, the terms “officer” and “employee” shall be definedas set forth in 5 ILCS 430/70-5(c).F.
 
The penalties for violations of this Section shall be the same as those penalties setforth in 5 ILCS 430/50-5 for similar violations of the Act.
1
 
HINSDALE PUBLIC LIBRARY 
Prohibited Gift Policy and Resolution
G.
 
This section does not repeal or otherwise amend or modify any existingresolutions or policies which regulate the conduct of officers and employees of theHinsdale Public Library. To the extent that any such existing resolutions or policies areless restrictive than this Section, however, the provisions of this Section shall prevail inaccordance with the provisions of 5 ILCS 430/70-5(a).H.
 
Any amendment to the Act that becomes effective after the effective date of thisResolution shall be incorporated into this Resolution by reference and shall be applicableto the solicitation, acceptance, offering and making of gifts and to prohibited politicalactivities. However, any amendment that makes its provisions optional for adoption byunits of local government shall not be incorporated into this Resolution by referencewithout formal action by the Board of Trustees.I.
 
If the Illinois Supreme Court declares the Act unconstitutional in its entirety, thenthis Resolution shall be repealed as of the date that the Illinois Supreme Court’s decisionbecomes final and not subject to any further appeals or rehearings. This Resolution shallbe deemed repealed without further action by the Board of Trustees if the Act is foundunconstitutional by the Illinois Supreme Court.J.
 
If the Illinois Supreme Court declares part of the Act unconstitutional but upholdsthe constitutionality of the remainder of the Act, or does not address the remainder of theAct, then the remainder of the Act as adopted by the Resolution shall remain in full forceand effect; however, that part of this Resolution relating to the part of the Act foundunconstitutional shall be deemed repealed without further action by the Board of Trustees.
SECTION 2
: This Resolution shall be in full force and effect upon its passage, approvaland promulgationPassed this day of , pursuant to a roll call vote asfollows:AYES:NAYS:ABSENT:
President, Board of Trustees
 ATTEST:
Secretary, Board of Trustees
 
2
 
HINSDALE PUBLIC LIBRARY 
Prohibited Gift Policy and Resolution
WHEREAS
, on August 12, 1998, the Illinois General Assembly adopted the
State Gift  Ban Act 
(the “Act”), which became effective on January 1, 1999; and
WHEREAS
, the Act prohibits governmental officials and employees from accepting orsoliciting gifts from any prohibited source; and
WHEREAS
, the Act requires that, no later than July 1, 1999, units of local governmentadopt policies to comply with the requirements of the Act:
NOW, THEREFORE, BE IT RESOLVED
by the President and Board of Trustees of the Hinsdale Public Library (the “Library Board”), DuPage and Cook Counties, State of Illinois,that the following
Prohibited Gifts Policy
is hereby adopted in compliance with the Act (5 ILCS425/1 et seq.):
PROHIBITED GIFT POLICY
 
General Policy.
It is the policy of the Hinsdale Public Library to comply with the State Gift Ban Actthrough the promulgation of this Policy. The Act exempts proceedings, meetings and documentsresulting from the enforcement of this Policy from the provisions of the Illinois
Open Meetings Act 
andthe Illinois
Freedom of Information Act 
.
Definitions.
Terms contained in this Policy, including—but not limited to—those defined below have thespecific meanings ascribed to them in the Act:
Employee:
All full-time, part-time, and contractual employees of the Library.
Gift:
Any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible orintangible item having monetary value including, but not limited to, cash, food and drink, and honorariafor speaking engagements related to or attributable to government employment the or official position of an officer or employee.
Intra-Office Gift:
Any gift given to an officer or employee of the Library from another officer oremployee of the Library.
Inter-Office Gift:
Any gift given to an officer or employee of the Library from a member or employeeof the legislative branch of the government of the State of Illinois, a judge or employee of the judicialbranch of the government of the State of Illinois, an officer or employee of the executive branch of thegovernment of the State of Illinois, an officer or employee of a unit of local government, home rule unit,or school district, or an officer or employee of any other governmental entity.
Officer:
All appointed and elected officials of the Library.
Prohibited Source:
Any person who: (1) is seeking official action by the Library or by an officer oremployee of the Library; (2) does business or seeks to do business with the Library or with an officer oremployee of the library; (3) conducts activities regulated by the Library or by an officer or employee of the Library; (4) has interests that may be substantially affected by the performance or non-performance
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