CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance repealing Section 1-13-1:1 of the Naperville Municipal Code striking the regulation requiring public disclosure of certain campaign contributions
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DEPARTMENT: Legal Department
SUBMITTED BY: Michael DiSanto, City Attorney
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
Summary of Existing Conflict of Interest Regulations for Local Public Officials
Generally, conflicts of interest are regulated by: 1) state law (Illinois Compiled Statutes); 2) local law (Naperville Municipal Code); and 3) common law. Below is a general description of applicable conflict of interest regulations from each of those areas of law.
1. State Law (Illinois Compiled Statutes)
a. Prohibited Interest in Contracts Act, 50 ILCS 105/3 ("PICA")
PICA prohibits elected public officials from having an interest in contracts (with exceptions for relatively insignificant interests). It generally prohibits elected officials from being financially interested in a contract entered by the municipality and violations of PICA carry criminal penalties. It states, in part:
i. "No person holding any office, either by election or appointment under the laws or Constitution of this State, may be in any manner financially interested directly in his own name or indirectly in the name of any other person, association, trust, or corporation, in any contract or the performance of any work in the making or letting of which such officer may be called upon to act or vote."
ii. "No such officer may represent, either as agent or otherwise, any person, association, trust, or corporation, with respect to any application or bid for any contract or work in regard to which such officer may be called upon to vote. Nor may any such officer take or receive, or offer to take or receive, either directly or indirectly, any money or other thing of value as a gift or bribe or means of influencing his vote or action in his official character. Any contract made...
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