Chapter 33 Personnel Policies

(1) When a non-occupational disability (accident or sickness not compensable under the Illinois Workmen’s Compensation Act, ILCS Ch. 820, Act 305, §§ 1 et seq.) prevents an employee from performing his required duties, such employee, provided he has completed one year of service prior to May 1 of the year in which the disability occurs, and thereafter during each successive fiscal year, shall be entitled to sick leave pay at the rate of 50% of the average pay that he received during the two months worked previous to the disability in accordance with the following schedule of time limits:

Length of Service	Maximum Benefit Time Allowance for Disabilities Beginning in Fiscal Year
Over one year, but less than two years	two weeks
Over two years, but less than three years	three weeks
Over three years, but less than four years	four weeks

(2) Employees having more than four years service are covered under the Illinois Municipal Retirement Fund.

(C) Physician’s examination. The disabled employee shall present the Clerk with a certificate from a physician licensed to practice in the state, setting forth the nature and extent of the employee’s illness or injury. The city has the right to have the employee examined by a practicing physician licensed in the state of its own choice and its own expense before paying benefits.

(’81 Code, § 3.13)

33.03 PAID TIME OFF.

(A) Vacation and sick days shall hereby be collectively referred to as PAID TIME OFF.

(B) Each full-time employee of the city hired before January 1, 2014, shall be entitled to the amount of paid time off set forth in divisions (B)(1) through (3) of this section. Said paid time off shall be provided on May 1 of each calendar year. All paid time off provided under this division beginning on May 1, 2014, and thereafter shall be used by the following April 30 of each year. Any unused paid time off belonging to an employee on April 30, 2015, and on April 30 of all subsequent years shall expire and shall not accumulate from year to year. Each full-time employee of the city who was hired before January 1, 2014, and who has completed:

(1) At least one year of continuous full-time service, but less than three years, shall be entitled to three weeks of paid time off;

(2) At least three years of continuous full-time service, but less than eight years, shall be entitled to four weeks of paid time off; or

(3) At least eight years of continuous full-time service or more, shall be entitled to five weeks of paid time off.

(C) Each full-time employee of the city hired on or after January 1, 2014, shall be entitled to an initial one week of paid time off beginning six months after the employee’s hire date. This initial one week of paid time off shall be used by the one-year anniversary of the employee’s hire date or shall expire. Upon completion of the employee’s first year of continuous full-time service and each year of continuous full-time service thereafter, the employee shall be entitled to the paid time off as set forth in divisions (C)(1) through (3) of this section, which shall be provided upon the yearly anniversary of the employee’s hire date. All paid time off to which an employee is entitled to under this division shall be used within 12 months from the date it is provided to the employee. Any unused paid time off belonging to an employee at the expiration of the 12-month period shall expire and shall not accumulate from year to year. Each full-time employee of the city who was hired on or after January 1, 2014, and who has completed:

(1) At least one year of continuous full-time service, but less than three years, shall be entitled to two weeks of paid time off;

(2) At least three years of continuous full-time service, but less than eight years, shall be entitled to three weeks of paid time off; or

(3) At least eight years of continuous full-time service or more, shall be entitled to four weeks of paid time off.

(D) Paid time off shall consist of one or more weeks with 40 hours’ regular pay for each such week. An employee desiring to use his or her paid time off shall comply with any policies of the city, consistent with this section, which are in effect at that time.

(Ord. 2014-1, passed 1-28-14)

BAN ON GIFTS

33.15 SHORT TITLE

This subchapter may be cited as the Lewistown Gift Ban Subchapter.

(Ord. 1999-4, passed - -99)

33.16 DEFINITIONS.

COMMISSION. An ethics commission created by this Act.

EMPLOYEE. All full-time, part-time, and contractual employees, appointed and elected officials, and directors of a governmental entity.

GIFT. Any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an employee, member, officer, or judge.

GOVERNMENTAL ENTITY. Each office, board, commission, agency, department, authority, institution, university, body politic and corporate, administrative unit, and corporate outgrowth of the executive, legislative, and judicial branches of state government, whether created by the Illinois Constitution, by or in accordance with statute, or by executive order of the Governor.

JUDGE. Judges and associate judges of the Supreme Court, Appellate Courts, and Circuit Courts.

MEMBER. A member of the City Council.

OFFICER. An elected municipal officer.

POLITICAL ORGANIZATION. A party, committee, association, fund, or other organization (whether or not incorporated) organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for the function of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization, or the election of Presidential or Vice-Presidential electors, whether or not the individual or electors are selected, nominated, elected, or appointed. The term includes the making of expenditures relating to an office described in the preceding sentence that, if incurred by the individual, would be allowable as a federal income tax deduction for trade or business expenses.

PROHIBITED SOURCE. Any person or entity who:

(1) Is seeking official action:

(a) By the member, officer, or judge or

(b) In the case of an employee, by the employee or by the member, officer, judge, governmental entity, or other employee directing the employee;

(2) Does business or seeks to do business:

(a) With the member, officer, or judge; or

(b) In the case of an employee, with the employee or with the member, officer, judge, governmental entity, or other employee directing the employee;

(3) Conducts activities regulated:

(a) By the member, officer, or judge or

(b) In the case of an employee, by the employee or by the member, officer, judge, governmental entity, or other employee directing the employee;

(4) Has interests that may be substantially affected by the performance or non-performance of the official duties of the member, officer, employee or judge; or

(5) Is registered or required to be registered with the Secretary of State under the Lobbyist Registration Act.

ULTIMATE JURISDICTIONAL AUTHORITY. The following:

(1) For members, the Mayor.

(2) For employees, the Mayor.

(3) For officers, the City Council.(Ord. 1999-4, passed - -99)

33.17 GIFT BAN.

Except as otherwise provided in this Act, no member, officer, or employee, shall solicit or accept any gift from any prohibited source or in violation of any federal or state statute, rule, or regulation. This ban applies to and includes spouses of and immediate family living with the member, officer, employee, or judge. No prohibited source shall offer or make a gift that violates this section.

(Ord. 1999-4, passed - -99)

33.18 EXCEPTIONS.

The restriction in § 33.17 does not apply to the following:

(A) Anything for which the member, officer, or employee pays the market value or anything not used and promptly disposed of as provided in § 33.20.

(B) A contribution, as defined in Article 9 of the Election Code that is lawfully made under that Act or attendance at a fundraising event sponsored by a political organization.

(C) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual’s spouse and the individual’s fiance or fiancee.

(D) Anything provided by an individual on the basis of a personal friendship unless the member, officer, or employee has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the member, officer, or employee and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the member, officer, or employee shall consider the circumstances under which the gift was offered, such as:

(1) The history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals;

(2) Whether to the actual knowledge of the member, officer, or employee the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and

(3) Whether to the actual knowledge of the member, officer, or employee the individual who gave the gift also at the same time gave the same or similar gifts to other members, officers, or employees.

(E) A commercially reasonable loan evidenced in writing with repayment due by a date certain made in the ordinary course of the lender’s business.

(F) A contribution or other payments to a legal defense fund established for the benefit of a member, officer, or employee that is otherwise lawfully made.

(G) Intra-office and inter-office gifts. For the purpose of this Act, INTRA-OFFICE GIFTS means:

(1) Any gift given to an officer or employee of a unit of local government from another employee of that unit of local government;

(2) Any gift given to a member or employee of the legislative branch, a judge or employee of the judicial branch, an officer or employee of the executive branch, 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 not included in item (1) from a member or employee of the legislative branch, a judge or employee of the judicial branch, an officer or employee of the executive branch, 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.

(H) Food, refreshments, lodging, transportation, and other benefits:

(1) Resulting from the outside business or employment activities (or outside activities that are not connected to the duties of the member, officer, or employee as an office holder or employee) of the member, officer, employee, or the spouse of the member, officer, or employee, if the benefits have not been offered or enhanced because of the official position or employment of the member, officer, or employee, and are customarily provided to others in similar circumstances;

(2) Customarily provided by a prospective employer in connection with bona fide employment discussions; or

(3) Provided by a political organization in connection with a fundraising or campaign event sponsored by that organization.

(I) Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer.

(J) Informational materials that are sent to the office of the member, officer, or employee in the form of books, articles, periodicals, other written materials, audiotapes, videotapes, or other forms of communication.

(K) Awards or prizes that are given to competitors in contests or events open to the public, including random drawings.

(L) Honorary degrees (and associated travel, food, refreshments, and entertainment provided in the presentation of degrees and awards).

(M) Training (including food and refreshments furnished to all attendees as an integral part of the training) provided to a member, officer, or employee, if the training is in the interest of the governmental entity.

(N) Educational missions, including meetings with government officials either foreign or domestic, intended to educate public officials on matters of public policy, to which the member, officer, or employee may be invited to participate along with other federal, state, or local public officials and community leaders.

(O) Bequests, inheritances, and other transfers at death.

(P) Anything that is paid for by the federal government, the state, or a governmental entity, or secured by the government or governmental entity under a government contract.

(Q) A gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal, including hospitality extended for a nonbusiness purpose by an individual, not a corporation or organization, at the personal residence of that individual or the individual’s family or on property or facilities owned by that individual or the individual’s family.

(R) Free attendance at a widely attended event permitted under division (T).

(S) Opportunities and benefits that are:

(1) Available to the public or to a class consisting of all employees, officers, or members, whether or not restricted on the basis of geographic consideration;

(2) Offered to members of a group or class in which membership is unrelated to employment or official position;

(3) Offered to members of an organization such as an employee’s association or credit union, in which membership is related to employment or official position and similar opportunities are available to large segments of the public through organizations of similar size;

(4) Offered to any group or class that is not defined in a manner that specifically discriminates among government employees on the basis of branch of government or type of responsibility, or on a basis that favors those of higher rank or rate of pay;

(5) In the form of loans from banks and other financial institutions on terms generally available to the public; or

(6) In the form of reduced membership or other fees for participation in organization activities offered to all government employees by professional organizations if the only restrictions on membership relate to professional qualifications.

(T) A plaque, trophy, or other item that is substantially commemorative in nature and that is extended for presentation.

(U) Golf or tennis, food or refreshments of nominal value and catered food or refreshments, meals or beverages consumed on the premises from which they were purchased.

(V) Donations of products from an Illinois company that are intended primarily for promotional purposes, such as display or free distribution, and are of minimal value to any individual recipient.

(W) An item of nominal value such as a greeting card, baseball cap, or T-shirt.

(Ord. 1999-4, passed - -99)

33.19 ATTENDANCE AT EVENTS.

(A) A member, officer, or employee may accept an offer of free attendance at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event, provided by the sponsor of the event, if:

(1) The member, officer, or employee participates in the event as a speaker or a panel participant, by presenting information related to government, or by performing a ceremonial function appropriate to the member’s, officer’s, or employee’s official position or employment; or

(2) Attendance at the event is appropriate to the performance of civic affairs in Illinois or the official duties or representative function of the member, officer, or employee.

(B) A member, officer, or employee who attends an event described in subsection (A) may accept a sponsor’s unsolicited offer of free attendance at the event for an accompanying individual.

(C) A member, officer, or employee, or the spouse or dependent thereof, may accept a sponsor’s unsolicited offer of free attendance at a charity event, except that reimbursement for transportation and lodging may not be accepted in connection with the event.

(D) For purposes of this section, the term “free attendance” may include waiver of all or part of a conference or other fee, the provision of transportation, or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. The term does not include entertainment collateral to the event, nor does it include food or refreshments taken other than in a group setting with all or substantially all other attendees, except as authorized under subsection (U) of § 33.18.

(Ord. 1999-4, passed - -99)

33.20 DISPOSITION OF GIFTS.

The recipient of a gift that is given in violation of this Act may, at his or her discretion, return the item to the donor or give the item or an amount equal to its value to an appropriate charity.

(Ord. 1999-4, passed - -99)

33.21 REIMBURSEMENT.

(A) A reimbursement (including payment in kind) to a member, officer, or employee from a private source other than a registered lobbyist or agent of a foreign principal for necessary transportation, lodging, and related expenses for travel to a meeting, speaking engagement, fact finding trip, or similar event in connection with the duties of the member, officer, or employee as an office holder or employee shall be deemed to be a reimbursement to the governmental entity and not a gift prohibited by this Act if the member, officer, or employee:

(1) Discloses the expenses reimbursed or to be reimbursed and the authorization to the City Treasurer, or similar authority as appropriate within 30 days after the travel is completed; and

(2) In the case of an employee, receives advance authorization, from the member, officer, or other employee under whose direct supervision the employee works to accept reimbursement.

(B) For purposes of subsection (A), events, the activities of which are substantially recreational in nature, shall not be considered to be in connection with the duties of a member, officer, or employee as an office holder or employee.

(C) Each advance authorization to accept reimbursement shall be signed by the member, officer, or other employee under whose direct supervision the employee works and shall include:

(1) The name of the employee;

(2) The name of the person who will make the reimbursement;

(3) The time, place, and purpose of the travel; and

(4) A determination that the travel is in connection with the duties of the employee as an employee and would not create the appearance that the employee is using public employment for private gain.

(D) Each disclosure made under subsection (A) of expenses reimbursed or to be reimbursed shall be signed by the member or officer (in the case of travel by the member or officer) or by the member, officer, or other employee under whose direct supervision the employee works (in the case of travel by an employee) and shall include:

(1) A good faith estimate of total transportation expenses reimbursed or to be reimbursed;

(2) A good faith estimate of total lodging expenses reimbursed or to be reimbursed;

(3) A good faith estimate of total meal expenses reimbursed or to be reimbursed;

(4) A good faith estimate of the total other expenses reimbursed or to be reimbursed; and

(5) A determination that all those expenses are necessary transportation, lodging, and related expenses.

(Ord. 1999-4, passed - -99)

33.22 ETHICS OFFICER.

Each officer and the head of each governmental entity shall designate an Ethics Officer for the office or governmental entity. For the City of Lewistown the Ethics Officer shall be the Mayor. Ethics Officers shall:

(1) Review statements of economic interest and disclosure forms of members, officers, senior employees, and contract monitors before they are filed with the City Treasurer; and

(2) Provide guidance to members, officers, or employees in the interpretation and implementation of this Act.

(Ord. 1999-4, passed - -99)

33.23 FURTHER RESTRICTIONS.

The city may at a future date adopt or maintain policies that are more restrictive than those set forth in this subchapter and shall continue to follow any existing policies statutes, or regulations that are more restrictive or are in addition to those set forth in this subchapter.

(Ord. 1999-4, passed - -99)

33.24 ETHICS COMMISSION.

(A) Ethics Commissions are created for the branches of government as provided in this section. The initial appointments to each commission shall be made within 60 days after the effective date of this subchapter. For the City of Lewistown, the ethics commission shall consist of the members of the local Liquor Commission.

(B) Terms for ethics commissioners shall run concurrent with such commissioners’ terms on the local Liquor Commission.

(C) The respective appointing authority or authorities may remove a commissioner appointed by that authority or those authorities in case of incompetency, neglect of duty, or malfeasance in office after service on the commissioner by certified mail, return receipt requested, of a copy of the written charges against the commissioner and an opportunity to be heard in person or by counsel upon not less than ten days’ notice. Vacancies shall be filled by the appropriate appointing authority or authorities.

(D) Each commission shall meet as often as necessary to perform its duties. Meetings shall be held at the call of the chairperson or any two commissioners. Official action by the commission shall require the affirmative vote of the number of commissioners provided in this subsection, and a quorum shall consist of a majority of the commissioners then holding office. Commissioners maybe reimbursed for their reasonable expenses actually incurred in the performance of their duties.

(Ord. 1999-4, passed - -99)

33.25 STAFF.

Each commission may employ necessary staff persons and may contract for services that cannot be satisfactorily performed by the staff.

(Ord. 1999-4, passed - -99)

33.26 POWERS AND DUTIES.

Each commission shall have the following powers and duties:

(A) To promulgate procedures and rules governing the performance of its duties and the exercise of its powers.

(B) Upon receipt of a signed, notarized, written complaint, to investigate, conduct research, conduct closed hearings and deliberations, issue recommendations, and impose a fine.

(C) To act only upon the receipt of a written complaint alleging a violation of this subchapter and not upon its own prerogative.

(D) To receive information from the public pertaining to its investigations and to require additional information and documents from persons who may have violated this subchapter.

(E) To subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this subchapter.

(F) To request that the Attorney General provide legal advice without charge to the commission.

(G) To prepare and publish manuals and guides explaining the duties of individuals covered by this subchapter.

(H) To prepare public information materials to facilitate compliance, implementation, and enforcement of this subchapter.

(I) (1) To submit to each commissioner’s respective appointing authority or authorities an annual statistical report for each year consisting of:

(a) The number of complaints filed;

(b) The number of complaints deemed to sufficiently allege a violation of this Act;

(d) The number of complaints resolved, and

(e) The status of pending complaints.

(2) The powers and duties of a commission are limited to matters clearly within the purview of this Act.

(Ord. 1999-4, passed - -99)

33.27 COMPLAINT PROCEDURE.

(A) Complaints alleging the violation of this subchapter shall be filed with the ethics commission. Any complaint received by or incident reported to a member, officer, or employee, or governmental entity alleging the violation of this Act shall be forwarded to the ethics commission. The complaint shall not be properly filed until submitted to the ethics commission.

(B) Within three business days after the receipt of an ethics complaint, the commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within three business days after the submittal to the commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting on the sufficiency of the complaint and probable cause.

(C) Upon at least 24 hours’ public notice of the session, the commission shall meet in a closed session to review the sufficiency of the complaint and, if the complaint is deemed to sufficiently allege a violation of this subchapter to determine if there is probable cause based on evidence presented by the complainant, to proceed. The commission shall issue notice to the complainant and the respondent of the commission’s ruling on the sufficiency of the complaint and if necessary, on probable cause within seven business days after receiving the complaint. If the complaint is deemed to sufficiently allege a violation of this subchapter and there is a determination of probable cause, then the commission’s notice to the parties shall include a hearing date scheduled within four weeks after the complaint’s receipt. If the complaint is deemed not to sufficiently allege a violation or if there is no determination of probable cause, then the commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public.

(D) On the scheduled date and upon at least 24 hours’ public notice of the meeting, the commission shall conduct a closed meeting on the complaint and allow both parties the opportunity to present testimony and evidence.

(E) Within six weeks after the complaint’s receipt, the commission shall:

(1) Dismiss the complaint; or

(2) Issue a preliminary recommendation to the alleged violator and to the violator’s ultimate jurisdictional authority or impose a fine upon the violator, or both. The particular findings in the instant case, the preliminary recommendation, and any fine shall be made public.

(F) Within seven business days after the issuance of the preliminary recommendation or imposition of a fine, or both, the respondent may file a written demand for a public hearing on the complaint. The filing of the demand shall stay the enforcement of the preliminary recommendation or fine. Within two weeks after receiving the demand, the commission shall conduct a public hearing on the complaint after at least 24 hours’ public notice of the hearing allow both parties the opportunity to present testimony and evidence. Within five business days, the commission shall publicly issue a final recommendation to the alleged violator and to the violator’s ultimate jurisdictional authority or impose a fine upon the violator, or both.

(G) If a complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the commission shall render its decision as required under subsection (E) within seven days after the complaint is filed, and during the seven days preceding that election, the commission shall render such decision before the date of that election, if possible.

(H) A commission may levy a fine of up to $5,000 against any person who knowingly files a frivolous complaint alleging a violation of this Act.

(I) A complaint alleging the violation of this Act must be filed within one year after the alleged violation.

(Ord. 1999-4, passed - -99)

33.28 ENFORCEMENT.

(A) A commission may recommend to a person’s ultimate jurisdictional authority disciplinary action against the person it determines to be in violation of this subchapter. The recommendation may prescribe the following courses of action:

(1) A reprimand.

(2) To cease and desist the offensive action.

(3) A return or refund of money or other items, or an amount of restitution for services, received in violation of this subchapter.

(4) Dismissal, removal from office, impeachment, or expulsion.

(5) Donation to a charity of an amount equal to the gift.

(B) A commission may impose a fine of up to $1,000 per violation to be deposited into the General Revenue Fund.

(C) The ultimate jurisdictional authority of a person who violates an ethics provision may take disciplinary action against the person as recommended by a commission or as it deems appropriate, to the extent it is constitutionally permissible for the ultimate jurisdictional authority to take that action. The ultimate jurisdictional authority shall make its action, or determination to take no action, available to the public.

(D) If after a hearing, the commission finds no violation of this subchapter, the commission shall dismiss the complaint.

(Ord. 1999-4, passed - -99)

33.29 PENALTY.

An individual who knowingly violates this Act is guilty of a business offense and subject to a fine of up to $5,000.

(Ord. 1999-4, passed - -99)

33.30 REVIEW.

A commission’s decision to dismiss a complaint or its recommendation is not a final administrative decision, but its imposition of a fine is a final administrative decision subject to judicial review under the Administrative Review Law of the Code of Civil Procedure.

(Ord. 1999-4, passed - -99)

33.31 EXEMPTION.

The proceedings conducted and documents generated under this Act are exempt from the provisions of the Open Meetings Act and the Freedom of Information Act.

(Ord. 1999-4, passed - -99)

33.32 NON-SALARIED APPOINTED OR ELECTED OFFICIALS EXEMPTED.

Non-salaried appointed or elected officials are hereby exempted.

(Ord. 1999-4, passed - -99)

33.33 EFFECT ON SIMILAR RULE.

This Act supersedes the ethics reforms provided for in any other executive, administrative, or similar order, policy, or rule promulgated by an officer, member, employee, or governmental entity that conflicts with or is less restrictive than this Act.

(Ord. 1999-4, passed - -99)

33.34 STATE OFFICIALS AND EMPLOYEES ETHICS ACT.

(A) The regulations of Sections 5-15 (ILCS Ch. 5, Act 430, § 5-15) and Article 10 (ILCS Ch. 5, Act 430, §§ 10-10 through 10-40) of the State Officials and Employees Ethics Act, ILCS Ch. 5, Act 430, §§ 1-1 et seq., (hereinafter referred to as the “Act” in this section) are hereby adopted by reference and made applicable to the officers and employees of the city to the extent required by ILCS Ch. 5, Act 430, § 70-5.

(B) The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any officer or any employee of the city, is hereby prohibited.

(C) The offering or making of gifts prohibited to be offered or made to an officer or employee of the city under the Act, is hereby prohibited.

(D) The participation in political activities prohibited under the Act, by any officer or employee of the city, is hereby prohibited.

(E) For purposes of this section, the terms OFFICER and EMPLOYEE shall be defined as set forth in ILCS Ch. 5, Act 430, § 70-5(c).

(F) The penalties for violations of this section shall be the same as those penalties set forth in ILCS Ch. 5, Act 430, § 50-5 for similar violations of the Act.

(G) This section does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of city officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this section, however, the provisions of this section shall prevail in accordance with the provisions of ILCS Ch. 5, Act 430, § 70-5(a).

(H) Any amendment to the Act that becomes effective after the effective date of this section shall be incorporated into this section by reference and shall be applicable to the solicitation, acceptance, offering and making of gifts and to prohibited political activities. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this section by reference without formal action by the corporate authorities of the city.

(I) If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this section shall be repealed as of the date that the Illinois Supreme Court’s decision becomes final and not subject to further appeals or rehearings. This section shall be deemed repealed without further action by the corporate authorities of the city if the Act is found unconstitutional by the Illinois Supreme Court.

(J) If the Illinois Supreme Court declares part of the Act unconstitutional but upholds the constitutionality of the remainder of the Act, or does not address the remainder of the Act, then the remainder of the Act as adopted by this section shall remain in full force and effect; however, that part of this section relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the city.

(Ord. 2004-6, passed 5-11-04)

PERSONNEL POLICIES

33.50 POLICY MANUAL ADOPTED BY REFERENCE.

The personnel policies set forth in the 2004 City of Lewistown Policy Manual, as set forth in Appendix A to this chapter, are hereby explicitly adopted and enforceable as ordinances of the City of Lewistown.

(Ord. 06-3, passed 3-28-06)

33.51 PERSONAL RELATIONSHIPS POLICY.

(A) An employee who is involved in a personal relationship with another employee may not occupy a position in the same department as, work directly for or supervise the employee with whom he or she is involved.

(B) A PERSONAL RELATIONSHIP is defined as a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.

(C) The city reserves the right to take prompt action if a conflict or potential for conflict resulting from a personal relationship arises concerning individuals who occupy positions at any level (higher or lower) in the same line of authority that may affect employment decisions.

(D) Supervisors are prohibited from dating subordinates and may be disciplined for such actions, up to and including termination.

(E) When a conflict or the potential for conflict arises between employees, as a result of a personal relationship, even if there is no line of supervision, authority or reporting involved, the employees may be separated by reassignment or terminated from employment.

(F) If the personal relationship is established after employment, it is the responsibility and obligation of the employees involved to disclose the existence of the personal relationship to the Mayor, department director or supervisor.

(G) When a conflict or a potential for conflict arises because of the personal relationship affecting employment, the individuals concerned will be given the opportunity to decide who is to be transferred to another position or terminated if no position is available.

(H) If the decision required under division (G) above is not made within 30 calendar days, the Mayor will decide who is to be transferred or, if necessary, terminated from employment.

(I) Chain of command. For purposes of this policy, the following chain of command applies in determining whether a particular employee is a supervisor or subordinate of another:

(1) The Mayor is considered a supervisor of all city officers and employees in all departments, including the City Clerk, Treasurer, Chief of Police, and Public Works Director.

(2) The City Attorney and City Engineer may be either an employee or an independent contractor, depending upon the terms of the contract of employment between the city and the City Attorney or City Engineer. If the City Attorney or City Engineer is an employee, the City Attorney or City Engineer is considered a subordinate of the Mayor and a supervisor of those city employees working in his or her office. If the City Attorney or City Engineer is an independent contractor, this policy does not apply to the City Attorney or City Engineer.

(3) The City Clerk is considered the supervisor of any Deputy Clerk serving pursuant to § 31.34.

(4) The Chief of Police is considered the supervisor of all members of the Police Department.

(5) The Sergeant is considered the supervisor of all members of the Police Department other than the Chief of Police.

(6) The ESDA Director is considered the supervisor of all employees of the ESDA Department.

(7) The Public Works Director is considered the subordinate of the Mayor and supervisor of employees of the Street Department, Water Department, Sewer Department, Buildings and Grounds Department, Zoning Department, and all other city employees, with the exception of the City Clerk, City Treasurer, City Attorney, City Engineer, ESDA Director, Chief of Police, and direct subordinates of such officers and employees.

(Ord. 06-3, passed 3-28-06)

33.52 POLICY AGAINST DISCRIMINATION, HARASSMENT AND SEXUAL MISCONDUCT.

The policies set forth in the City of Lewistown Policy Against Discrimination, Harassment and Sexual Misconduct, as in effect at any given time, set forth in Appendix B to this chapter, are hereby explicitly adopted and enforceable as ordinances of the City of Lewistown.

(Ord. 06-3, passed 3-28-06; Am. Ord. 2018-8, passed 5-22-18)

33.53 FULL-TIME EMPLOYEE AND FULL-TIME POLICE OFFICER RESIDENCY REQUIREMENT.

(A) All full-time employees and full-time police officers employed by the City of Lewistown shall reside within a 15-mile radius of the Lewistown City Hall on or before the last day of the eighth month anniversary of the hire date for each full-time employee or full-time police officer hired on or after the effective date of this section. The failure of any full-time employee or full-time police officer to meet the residency requirement set forth in this section within the time frame set forth herein shall result in the immediate termination of that employee’s or officer’s employment with the City of Lewistown.

(B) Any full-time employees or full-time police officers currently employed by the City of Lewistown as of the effective date of this section shall be subject to whatever terms and conditions of his or her respective employment which were bargained for at the time the employment commenced. However, in the event any current, full-time employee or full-time police officer relocates his or her residence during the period of employment, that employee or officer shall comply with the residency requirements of this section upon relocating.

(Ord. 2019-11, passed 9-10-19)