(A) Any person who intentionally violates any provision of Section 22–5‑3 of this Article may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than three hundred sixty-four (364) days, and may be fined in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00).
(B) A person who intentionally violates any provision of Section 22–5‑5 of this Article is subject to a fine in an amount of not less than One Thousand One Dollars ($1,001.00) and not more than Five Thousand Dollars ($5,000.00).
(C) Any person who intentionally makes a false report alleging a violation of any provision of this Article to the local enforcement authorities, the State’s Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than three hundred sixty-four (364) days, and may be fined in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00).
(D) A violation of Section 22–5‑3 of this Article shall be prosecuted as a criminal offense by an attorney for the County Government by filing in the Circuit Court information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. A violation of Section 22–5‑5 of this Article may be prosecuted as a quasi-criminal offense by an attorney for the County Government, or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure.
(E) In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of Section 22–5‑3 or Section 22–5‑5 of this Article is subject to discipline or discharge.
An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this Article if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded.
Section 22–5‑5 is not applicable to the following:
(A) Opportunities, benefits, and services that are available on the same conditions as for the general public.
(B) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value.
(C) Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate.
(D) Educational materials and missions.
(E) Travel expenses for a meeting to discuss business.
(F) 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.
(G) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) 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; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members.
(H) Food or refreshments not exceeding Seventy-Five Dollars ($75.00) per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this Section, “catered” means food or refreshments that are purchased ready to consume which are delivered by any means.
(I) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances.
(J)Intra-governmental and inter-governmental gifts. For the purpose of this Act, “intragovernmental gift” means any gift given to an officer or employee from another officer or employee, and “inter-governmental gift” means any gift given to an officer or employee by an officer or employee of another governmental entity.
(K) Bequests, inheritances, and other transfers at death.
(L) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than One Hundred Dollars ($100.00).
Each of the exceptions listed in this Section is mutually exclusive and independent of every other.
Except as permitted by this Division, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as “recipients”), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this Section.
(A) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the Union County Government in connection with any prohibited political activity.
(B) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity (i) as part of that officer or employee’s duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacation or personal time off).
(C) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity.
(D) Nothing in this Section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this Article.
(E) No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club.
For the purposes of this Article, the following terms shall be given these definitions:
(A)“Campaign for Elective Office” means any activity in furtherance of an effort 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 selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (1) relating to the support or opposition of any executive, legislative, or administrative action, (2) relating to collective bargaining, or (3) that are otherwise in furtherance of the person’s official duties.
(B)“Candidate” means a person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in Section 1–3 of the Election Code (10 ILCS 5/1–3).
(C) “Collective Bargaining” has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 315/3).
(D)“Compensated Time” means, with respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this Article, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, “compensated time” includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.
(E)“Compensatory Time Off” means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.
(F)“Contribution” has the same meaning as that term is defined in Section 9–1.4 of the Election Code (10 ILCS 5/9–1.4).
(G) “Employee” means a person employed by the Union County Government, whether on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.
(H)“Employer” means the Union County Government.
(I) “Gift” means 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 officer or employee.
(J) “Leave of Absence” means any period during which an employee does not receive (1) compensation for employment, (2) service credit towards pension benefits, and (3) health insurance benefits paid for by the employer.
(K) “Officer” means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity.
(L) “Political Activity” means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (1) relating to the support or opposition of any executive, legislative, or administrative action, (2) relating to collective bargaining, or (3) that are otherwise in furtherance of the person’s official duties.
(M)“Political Organization” means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9–3 of the Election Code (10 ILCS 5/9–3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk.
(N) “Prohibited Political Activity” means:
Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.
Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event.
Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.
Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
Assisting at the polls on Election Day on behalf of any political organization or candidate for elective office or for or against any referendum question.
Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.
Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.
Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.
Preparing or reviewing responses to candidate questionnaires.
Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.
Managing or working on a campaign for elective office or for or against any referendum question.
Serving as a delegate, alternate, or proxy to a political party convention.
Participating in any recount or challenge to the outcome of any election.
(O) “Prohibited Source” means any person or entity who:
Is seeking official action (a) by an officer or (b) by an employee, or by the officer or another employee directing that employee;
Does business or seeks to do business (a) with the officer or (b) with an employee, or with the officer or another employee directing that employee;
Conducts activities regulated (a) by the officer or (b) by an employee, or by the officer or another employee directing that employee; or
Has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee.
The Treasurer shall prepare an investment report at least monthly. The report should be provided to the County Board and available upon request. The report should be in a format suitable for review by the general public. An annual report should also be provided to the County Board. A statement of the market value of the portfolio shall be issued to the County Board quarterly.
The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a comparable rate of return during a market/economic environment of stable interest rates. Portfolio performance should be compared to benchmarks with similar maturity, liquidity and credit quality as the portfolio maintained by the Illinois Public Treasurer’s Investment Pool (IPTIP).
The Treasurer is responsible for establishing and maintaining an internal control structure designed to insure that the assets of the County are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The internal controls shall address the following points:
(A) Control of collusion.
(B) Separation of transaction authority from accounting.
(C) Custodial safekeeping.
(D) Written confirmation of telephone transactions for investments and wire transfers.
To the extent possible, the County shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the County will not directly invest in securities maturing more than two (2) years from the date of purchase.
Reserve funds may be invested in securities exceeding two (2) years if the maturity of such investments are made to coincide as nearly as practicable with the expected use of the funds.
The County shall diversify its investments to the best of its ability based on the type of funds invested and the cash flow needs of those funds. Diversification can be by type of investment, number of institutions invested in, and length of maturity.
All security transactions, including collateral for repurchase agreements, entered into by the County, shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by an independent third party custodian designated by the Treasurer and evidenced by safekeeping receipts and a written custodial agreement.
Collateralization may be required, at the discretion of the County, on all funds held in banks or savings and loans above the insured limits provided by the FDIC or FSLIC. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be a minimum of one hundred two percent (102%) of market value of principal and accrued interest.
Investments may be made in any type of security allowed for in Illinois statutes regarding the investment of public funds. Investments shall be made that reflect the cash flow needs of the fund type being invested.
The Treasurer will maintain a list of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved security brokers/dealers selected by creditworthiness.
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions.
Management and administrative responsibility for the investment program is hereby delegated to the Treasurer who may establish written procedures for the operation of the investment program.
The primary objective, in order of priority, shall be:
(A) Legality. Conformance with federal, state and other legal requirements.
(B) Safety. Preservation of capital and protection of investment principal.
(C)Liquidity. Maintenance of sufficient liquidity to meet operating requirements.
(D) Yield. Attainment of market rates of return.
The portfolio should be reviewed periodically as to its effectiveness in meeting the County’s needs for safety, liquidity, rate of return, diversification and its general performance.
Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital, as well as the probable income to be derived.
The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio.
It is the policy of the County to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the County and conforming to all State and local statutes governing the investment of public funds.
Any person convicted of violating any of the provisions of this Code shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00). Each day a violation continues shall constitute a separate violation. This Section shall in no way abrogate or impair the right of the County to specifically enforce, by any legal means, any of the provisions of this Code.
It shall be an unlawful for any owner of real estate, lessee, sub-lessee, real estate broker or salesman, financial institution or employee of the financial institution, advertiser, or agent of any or all of the foregoing, to discriminate against any person or persons because of their race, color, religion, national origin or ancestry, sex, creed, or disability with regard to the sale, exchange or rental, or any dealing concerning any housing accommodation and/or real property.
In addition to the foregoing, it shall also be unlawful for any real estate broker or employee thereof, owner or other person, or financial institution dealing with housing or real property of the County:
(A) To discriminate against any person in the availability of or the price, terms, conditions, or privileges of any kind relating to the sale, rental, lease, or occupancy of any housing accommodation or real property in the County or in furnishing of any facilities or services in connection therewith.
(B) To publish or circulate, or cause to be published or circulated, any notice, statement or advertisement, or to announce a policy, or to use any form of application, for the purchase, lease, rental or financing of real property, or to make any record of inquiry in connection with the prospective purchase, rental or lease of such real estate, which expresses directly or indirectly any discrimination as to race, color, religion, national origin or ancestry, sex, creed or disability of any person.
(C) To discriminate in connection with lending money, guaranteeing loans, accepting mortgages or otherwise obtaining or making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation and/or real property.
(D) To solicit for sale, lease, or listing for the sale or lease, of any housing accommodation and/or real property on the grounds of loss of value because of the present or prospective entry into any neighborhood of any person or persons of any particular race, color, religion, national origin or ancestry, sex, creed, or disability.
(E) To distribute or cause to be distributed, written material or statements designed to induce any owner of any housing accommodation and/or real property to sell or lease his or her property because of any present or prospective change in the race, color, religion, national origin or ancestry, sex, creed, or disability of persons in the neighborhood.
(F) To make any misrepresentations concerning the listing for sale or the anticipated listing for sale or the sale of any housing accommodation and/or real property for the purpose of inducing or attempting to induce the sale or listing for sale of any housing accommodation and/or real property by representing that the presence or anticipated presence of persons of any particular race, color, religion, national origin or ancestry, sex, creed, or disability in the area will or may result in the lowering of property values in the block, neighborhood or area in which the property is located.
(G) For an owner to solicit any real estate broker to sell, rent or otherwise deal with such owner’s housing accommodations and/or real property with any limitation on its sale based on race, color, religion, national origin or ancestry, sex, creed or disability.
(H) For an owner to refuse to sell, rent, or otherwise deal with any housing accommodation and/or real property because of race, color, religion, national origin or ancestry, sex, creed, or disability of the proposed buyer or tenant.
Unless a different meaning clearly appears from the context, the following terms shall have the meaning as described in this Section and as used in this Code:
(A) “Decent, Sanitary, Healthful Standard Living Quarters”. “Decent, sanitary, healthful standard living quarters” is housing which is in sound, clean, and weather tight condition in conformance with applicable local, state, and national codes.
(B)“Discriminate”. The terms “discriminate” or “discrimination” mean any difference expressed in any way toward a person or persons in the terms of the sale, exchange, lease, rental or financing for housing accommodation and/or real property in regard to such sale, exchange, rental, lease or finance because of race, color, religion, national origin or ancestry, sex, creed, or disability of such person.
(C)“Financial Institution”. The term “financial institution” means any person, institution or business entity of any kind which loans money to persons and receives as security for said loans a secured interest of any kind in the real property of the borrower.
(D)“Housing Accommodation”. The term “housing accommodation” includes any building, structure, or portion thereof which is used or occupied, maintained, arranged or designed to be used or occupied as a home, residence or sleeping place of one (1) or more human beings, or any real estate so used, designed or intended for such use.
(E)“Owner”. An “owner” means any person/persons who hold legal or equitable title to, or own any beneficial interest in any real property or who hold legal or equitable title to shares of, or hold any beneficial interest in any real estate cooperative which owns any real property and/or housing accommodations.
(F)“Real Estate Broker”. The term “real estate broker” means any person, partnership, association, corporation and/or agent thereof, who for a fee or other valuable consideration offers, sells, purchases, exchanges or rents, or negotiates for the sale, purchase, exchange or rental of a housing accommodation and/or real property of another, or collects rental for the use of housing accommodation and/or real property of another.
(G)“Real Property”. The term “real property” means any real estate, vacant land, building, structure or housing accommodations within the corporate limits of the County.
(A) In furthering the policy of the State of Illinois as expressed in its Constitution and other laws; in order that the safety and general welfare, peace and health of all the inhabitants of the County may be ensured, it is hereby declared the policy of the County to assure equal opportunity to all residents, regardless of race, color, religion, national origin or ancestry, sex, creed, or physical disability to live in decent, sanitary, healthful, standard living quarters.
(B) It is the policy of the County that no owner, lessee, sub-lessee, assignee, managing agent, or other person, firm or corporation having the right to sell, rent, lease (or otherwise control) any housing accommodation and/or real property within the County, or any agent of these shall refuse to sell, rent, lease, or otherwise deny to or withhold from any person or group of persons such housing accommodations and/or real property because of race, color, religion, national origin or ancestry, sex, creed, or disability of such person or persons or discriminate against any person or persons because of race, color, religion, national origin or ancestry, sex, creed, or disability in the conditions, terms, privileges of the sale, rental or lease of any housing accommodation and/or real property or in the furnishing of facilities and/or services in connection therewith.
(C) Relocation shall be carried out in a manner that will promote maximum choice within the community’s total housing supply; lessen racial, ethnic, and economic concentrations; and facilitate desegregation and racially inclusive patterns of occupancy and use of public and private facilities.
(A) If the County denies the request, the County shall notify the person making the request in writing of:
the decision to deny the request;
the reasons for the denial, including a detailed factual basis for the application of any exemption claim;
the names and titles or positions of each person responsible for the denial;
the right to review by the Public Access Counselor and the address and phone number for the Public Access Counselor; and
he right to judicial review.
If an exemption is claimed, then the denial must include the specific reasons for the denial, including a detailed factual basis and a citation to support a legal authority.
(B) If the County asserts an exemption under Subsection (1)(c) or (1)(f) of Section 7 of the Freedom of Information Act, it shall, within the time periods provided for Respondent to request, provide written notice to the person making the request and the Public Access Counselor of its intent to deny the request in whole or in part. The notice shall include:
a copy of the request for access to records;
the proposed response from the County;
a detailed summary of the County’s basis for asserting its exemption.
If the Public Access Counselor determines that further inquiry is warranted, the procedures set forth in the Freedom of Information Act, as amended from time to time, regarding the review of denials shall be applicable. Times for response compliance by the County to the request shall be tolled until the Public Access Counselor concludes his or her inquiry.
If any record exempt from disclosure contains material which is not exempt, the information which is exempt shall be deleted and the remaining information shall be available for inspection and copying.
A request for all records within a category shall be granted unless the request constitutes an undue burden upon the County. Prior to denying a request based upon the burdensome nature of the request, an opportunity to narrow the request to manageable proportions shall be provided. If the attempt to narrow the request fails, the request may be denied because compliance will unduly burden the operations of the County and the burden outweighs the public interest in the information. The denial shall be in writing, specifying the reasons why compliance will be unduly burdensome and the extent to which compliance will so burden the operations of the County. Repeated requests from the same person for the same records that are unchanged or identical to records previously provided are properly denied under the Freedom of Information Act shall be deemed unduly burdensome under this Section.
The County Clerk shall establish and maintain a central file, open to the public, of all denials of requests for records which shall be indexed according to the exemption utilized to deny a request for records, and to the extent possible, according to the types of records requested.
The County shall respond to a request for records to be used for a commercial purpose within twenty-one (21) working days after receipt. The response shall (1) provide to the person making the request an estimate of the time required by the County to provide the records requested and an estimate of the fees to be charged, which the County may require the person to pay in full before copying the requested documents, (2) deny the request pursuant to one (1) or more of the exemptions set out in the Freedom of Information Act, 5 ILCS 140/1 et seq., (3) notify the person making the request that the request is unduly burdensome and extend an opportunity to the person making the request to attempt to reduce the request to manageable portions, or (4) provide the records requested.
Unless the records are exempt from disclosure, the County shall comply with a commercial request within a reasonable period considering the size and complexity of the request, and giving priority to records requested for non-commercial purposes.
It is unlawful for a person to knowingly obtain a public record for a commercial purpose within disclosing that it is for a commercial purpose, and any person obtaining a public record for commercial purpose without disclosing that it is for a commercial purpose shall be fined in accordance with the County Code.
All requests to inspect or copy records or documents prepared, maintained or under the control of the County shall be made in the following manner:
(A) All requests shall be in writing, shall state with reasonable particularity what records are to be inspected or copied, shall state whether the records are requested for a commercial purpose, and shall be signed by the person making the request. The request may be, but is not required to be, submitted on a form provided by the County.
(B) The written request shall be submitted to the County Clerk or to the Mayor. If neither the County Clerk nor the Mayor is available, the request shall be submitted to any employee of the County acting under the direction of the County Clerk.
(C) The Officer receiving the request shall date stamp the request and indicate the date by which a response to the request must be made.
(D) Each request for other than commercial purposes shall be granted or denied in writing within five (5) business days after its receipt by the County, except as hereafter stated. The failure to grant or deny a request within five (5) business days shall operate as a denial, except as provided herein below.
(E) The time limit set forth herein above may be extended for an additional five (5) business days by notice in writing to the person making the request of the five (5) business days extension. The notification shall state the reason(s) for the five (5) business day’s extension and contain a date certain on which the requested record(s) will be available. The failure to grant or deny a request within the additional five (5) business days shall operate as a denial. The person making the request and the County may agree in writing to extend the time for compliance for a period to be determined by the parties. If the person making the request and the County agree to extend the period for compliance, a failure by the County to comply with any previous deadlines shall not be treated as a denial of the request for the records.
(F) Charges for copies of records and/or documents shall be imposed in accordance with the following:
No fees shall be charged for the first fifty (50) pages of black and white, letter or legal sized copies requested.
Fifteen Cents ($0.15) for one-sided page for each black and white, letter, legal sized or 11” x 17” copy requested.
One Dollar ($1.00) for each certified copy requested.
Ten Cents ($0.10) for each audio recording.
(G) It shall be the responsibility of the person making the request to pick up the requested documents at the CountyBuilding. If the person making the request asks the County to mail the documents, he or she shall provide the County with his/her correct mailing address so as to efficiently process all requests. Copies of records requested to be mailed will be forwarded United States Certified Mail to the address provided. Pre-payment of Two Dollars Fifty Cents ($2.50) per ounce shall be required.
(H) When a person requests a copy of a record maintained in an electronic format, the County shall furnish it in the electronic format specified by the person making the request, if feasible. If it is not feasible to furnish the public records in the specified electronic format, then the County shall furnish it in the format in which it is maintained by the County, or in paper format at the option of the person making the request.
The County shall prominently display at the County Clerk’s office, display on its website, make available for inspection and copying, and send through the mail as requested, each of the following:
(A) A brief description of the County, which will include, but not be limited to a block diagram giving its functional departments, the total amount of its operating budget, the number and location of all of its separate offices, the approximate number of full and part-time employees and the identification and membership of any board, commission, committee or council which operates in an advisory capacity relative to the operation of the County, or which exercises control over its policies or procedures; and
(B) A brief description of the methods whereby the public may request information and public records, a directory designating the Freedom of Information officers, the address where request for public records should be directed, and the fees relating thereto.
(A) The County Administrative Assistant is hereby designated to act as Freedom of Information Officer. The Officer shall receive requests submitted to the County under the Freedom of Information Act, insure that the County responds to requests in a timely fashion, and issue responses under the Freedom of Information Act. The Freedom of Information officer shall develop a list of documents or categories of records that the County shall immediately disclose upon request.
(B) Upon receiving a request for a public record, the Freedom of Information Officer shall:
Note the date the County receives the written request;
Compute the date on which the period for response will expire and make a notation of that date on the written request;
Maintain an electronic or paper copy of the written request including all documents submitted with the request until the request has been complied with or denied; and
Create a file for the retention of the original request, a copy of the response, a record of written communications with the person making the request, and a copy of other communications regarding the request.
(C) The Freedom of Information Act officers shall successfully complete an electronic training curriculum to be developed by the Public Access Counselor in the office of the Attorney General of the State of Illinois and thereafter successfully complete an annual training program. Thereafter when a new Freedom of Information officer is designated by the County, that person shall successfully complete the electronic training curriculum within thirty (30) days after assuming the position. Successful completion of the required training curriculum within the periods provided shall be a prerequisite to continue serving as a Freedom of Information officer.
To the extent required by the Freedom of Information Act, 5 ILCS 140–1 et seq. the County shall make available to any person for inspection or copying all public records, except as otherwise provided in Section 7of the Freedom of Information Act, 5 ILCSA 140/7.
This Policy does not supersede any more restrictive law, rule, or regulation regarding the collection, use, or disclosure of Social Security Numbers. [NOTE: This Policy is to comply with Public Act 096‑9874 of the State of Illinois, cited as the Identity Protection Act, and codified as Title 30, Act 5, Section 1, et seq., as now or hereafter amended.]
Any person who violates any portion of this Article, as now or hereafter amended, shall be subject to a fine of not less than One Hundred Dollars ($100.00) for the first such violation and a fine of not less than One Thousand Dollars ($1,000.00) for each violation thereafter.
(A) All officers, employees and agents of the County identified as having access to Social Security Numbers in the course of performing their duties to be trained to protect the confidentiality of all Social Security Numbers. Training shall include instructions on the proper handling of information that contains Social Security Numbers from the time of collection through the destruction of the information.
(B) Only employees who are required to use or handle information or documents that contain Social Security Numbers have access to such information or documents.
(C) Social Security Numbers requested from an individual shall be provided in a manner that makes the Social Security Number easily redacted if required to be released as part of a public records’ request.
(D) When collecting a Social Security Number or upon request by the individual, a statement of the purpose or purposes for which the County is collecting and using the Social Security Number be provided.
Beginning immediately on the effective date of the County’s authorizing Ordinance, no officer or employee of the County may encode or embed a Social Security Number in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, RFID technology, or other technology, in place of removing the Social Security Number as required by this Policy.
(A) This policy does not apply to the collection, use, or disclosure of a Social Security Number as required by State or Federal law, rule, or regulation.
(B) This policy does not apply to documents that are required to be open to the public under any State or Federal law, rule, or regulation, applicable case law, Supreme Court Rule, or the Constitution of the State of Illinois.
Notwithstanding any other provision of this policy to the contrary, all officers and employees of the County must comply with the provisions of any other State law with respect to allowing the public inspection and copying of information or documents containing all or any portion of an individual’s Social Security Number. All officers and employees of the County must redact Social Security Numbers from the information or documents before allowing the public inspection or copying of the information or documents.
(A) No officer or employee of the County shall do any of the following:
Publicly post or publicly display in any manner an individual’s Social Security Number.
Print an individual’s Social Security Number on any card required for the individual to access products or services provided by the person or entity.
Require an individual to transmit his or her Social Security Number over the Internet, unless the connection is secure or the Social Security Number is encrypted.
Print an individual’s Social Security Number on any materials that are mailed to the individual, through the United States Postal Service, any private mail service, electronic mail, or a similar method of delivery, unless Illinois or federal law requires the Social Security Number to be on the document to be mailed. Notwithstanding any provision in this Section to the contrary, Social Security Numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Illinois Unemployment Insurance Act, any material mailed in connection with any tax administered by the Illinois Department of Revenue, and documents sent as part of an application or enrollment process or to establish, amend, or terminate an account, contract, or policy or to confirm the accuracy of the Social Security Number. A Social Security Number that may permissibly be mailed under this Section may not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope or be visible on an envelope without the envelope having been opened.
(B) Except as otherwise provided in this policy, beginning immediately on the effective date of the County’s authorizing Ordinance, no officer or employee of the County shall do any of the following:
Collect, use, or disclose a Social Security number from an individual, unless (i) required to do so under State or Federal law, rules, or regulations, or the collection, use, or disclosure of the Social Security Number is otherwise necessary for the performance of that agency’s duties and responsibilities; (ii) the need and purpose for the Social Security Number is documented before collection of the Social Security Number; and (iii) the Social Security Number collected is relevant to the documented need and purpose.
Require an individual to use his or her Social Security Number to access an Internet website.
Use the Social Security Number for any purpose other than the purpose for which it was collected.
(C) The prohibitions in subsection (B) do not apply in the following circumstances:
The disclosure of Social Security Numbers to agents, employees, contractors, or subcontractors of the County or disclosure to another governmental entity or its agents, employees, contractors, or subcontractors if disclosure is necessary in order for the entity to perform its duties and responsibilities; and, if disclosing to a contractor or subcontractor, prior to such disclosure, the officer or employee of the County must first receive from the contractor or subcontractor a copy of the contractor’s or subcontractor’s policy that sets forth how the requirements imposed under this Policy on the County to protect an individual’s Social Security Number will be achieved.
The disclosure of Social Security Numbers pursuant to a court order, warrant, or subpoena.
The collection, use, or disclosure of Social Security Numbers in order to ensure the safety of: County employees; persons committed to correctional facilities, local jails, and other law enforcement facilities or retention centers; wards of the State; and all persons working in or visiting a County facility.
The collection, use, or disclosure of Social Security Numbers for Internal verification or administrative purposes.
The collection or use of Social Security Numbers to investigate or prevent fraud, to conduct background checks, to collect a debt, to obtain a credit report from a consumer reporting agency under the federal Fair Credit Reporting Act, to undertake any permissible purpose that is enumerated under the federal Gramm Leach Bliley Act, or to locate a missing person, a lost relative, or a person who is due a benefit such as a pension benefit or an unclaimed property benefit.
(D) Any standards of the County for the collection, use, or disclosure of Social Security Numbers that are stricter than the standards under this Policy with respect to the protection of those Social Security Numbers, then, in the event of any conflict with the provisions of this Policy, the stricter standards adopted by the County shall control.
“Person” means any individual in the employ of the County.
“Publicly post” or “publicly display” means to intentionally communicate or otherwise intentionally make available to the general public.
“Social Security Number” means the nine (9) digit number assigned to an individual by the United States Social Security Administration for the purposes authorized or required under the United States Social Security Act of August 14, 1935, as amended (Public Law 74–271).