The vote was 22-2 with defeated Dan Ryan and mid-term Scott Breeden voting against it.
Called the McHenry County Statement of Economic Interests Addendum Ordinance, it passed last night. It was championed by the Alliance for Land, Agriculture and Water (ALAW) starting a little less than a year ago.
Candidates for County Board climbed aboard, voluntarily filling out the expanded “ethics” questionnaire in order to position themselves on the popular side of this issue in this corrupt state.
Here’s what’s in the ordinance:
McHENRY COUNTY STATEMENT OF ECONOMIC INTERESTS ADDENDUM ORDINANCE
Article I – Purpose and Intent
The provisions of this ordinance are to continue to ensure confidence to the residents of McHenry County (hereinafter referred to as “County”) in their elected and appointed public officials by creating an addendum to the Illinois Statement of Economic Interests which will provide for a more transparent government. The ordinance is adopted pursuant to 55 ILCS 5/5-1113 as amended from time to time. This ordinance is not intended to replace the provisions of 5 ILCS 420/4A, et seq. Disclosure of Economic Interests, but to enact financial disclosure requirements that require information in addition to that which is currently required under said Act., as permitted by 5 ILCS 420/4A-101 Persons Required to File, that reads as follows: This Section shall not be construed to prevent any unit of local government from enacting financial disclosure requirements that mandate more information than required by this Act.
Article II – Definitions For purposes of this Ordinance, the following words and terms shall be given the meaning as defined in Article II of this Ordinance.
1. Doing business with the county or any other local, public government” means the person, business or professional entity has a relationship of a contractual nature with the county or any other local, public government in McHenry County within the last 36 months for the provision of goods or services to the county or to any unit of the county or any other local, public government in McHenry County.
2. “Immediate family” means an individual’s spouse, dependent children, or others if the interest herein required to be disclosed is constructively controlled by the person required to file a conflict of interest disclaimer and/or statement of economic interest pursuant to state statutes.
3. “Interest” means an economic, contractual, and beneficial or ownership interest in the proceeding or action, including an interest in real property affected by the proceeding or action.
4. “Professional entity” means an entity that provides professional services as defined in 5 ILCS 420/1-116, to wit: services rendered in the practice of law, accounting, engineering, medicine, architecture, dentistry or clinical psychology. For purposes of this ordinance, Professional Entity also includes any other entity whose business must be licensed or conducted by persons required to be licensed in their profession.
5. “Real property” means property consisting of land, buildings, crops or other resources still attached to or within the land or improvements or fixtures permanently attached to the land or a structure on it.
Article III – Disclosure of Economic Interests Addendum
(a) All elected or appointed county public officials shall file with the county clerk, a verified Addendum to Statement of Economic Interests responding in detail to the following questions:
1. Other than your principal residence, do you or any members of your immediate family own any interest in real property located within the County? __________ If your answer is affirmative, state the following information for each such interest owned:
a. The nature of your interest in the real property and your instrument of ownership as defined in 5 ILCS 420/1-115 (deeds, common or preferred stock certificates, rights, warrants, options, bills of sale, contracts, interests in proprietorships, partnerships and joint ventures, and beneficial interests in trusts or land trusts).
b. The location of the real property (for improved property, provide the street address; for unimproved property, state its location in relation to existing streets);
c. The property’s permanent real estate tax identification number. ______________________________________________________________________________ ______________________________________________________________________________
2. Do you or members of your immediate family own an interest in any business or professional entity doing business with the County or any other public/local government agency within McHenry County? _______. Are you or any members of your immediate family an officer or director of any business or professional entity doing business with the County or any other local, public government agency within McHenry County? ____________ If your answer to either of the foregoing questions is in the affirmative, state the following: the name of the business or professional entity, the nature of your relationship to the business or professional entity; the type of product produced or service rendered by the business or professional entity and the extent or percentage of the interest. ______________________________________________________________________________ ______________________________________________________________________________
3. Other than a debt to secure a mortgage upon your principal residence or business loan are you or members of your immediate family indebted to any person or business or professional entity doing business with the County or any other local, public government within McHenry County?
Circle One: YES NO
If yes, list each such person, business or professional entity to which you or members of your immediate family are indebted and the amount of each debt. EXCLUDE: Any liability of $1,200.00 or less; student loans; installment loans (cars, household effects, ect.); medical and dental debts; credit card purchases; support or alimony obligations; debts owed to spouse or close relative; and debts incurred in the maintenance of your household.
______________________________________________________________________________ ______________________________________________________________________________
4. If you or members of your immediate family have been released from any indebtedness from any person, business or professional entity doing business with the County or any other local, public government within McHenry County exceeding in its principal amount of $1,200.00 within the last year without repaying the total balance due on such indebtedness, list the name of the creditor providing the release, the nature and the amount of the indebtedness, and describe the circumstances surrounding the release. EXCLUDE: Any liability of $1,200.00 or less; student loans; installment loans (cars, household effects, ect.); medical and dental debts; credit card purchases; support or alimony obligations; debts owed to spouse or close relative; and debts incurred in the maintenance of your household. ______________________________________________________________________________ ______________________________________________________________________________
(b) All elected or appointed county public officials shall file with the county clerk, on an annual basis, an Addendum to Statement of Economic Interests in conjunction with the Statement of Economic Interests to be filed with the Secretary of State pursuant to 5 ILCS 420/4A-105.
Article IV – Applicability of Other Laws Nothing in this ordinance shall be deemed to in any way restrict the application of any state, local or common law provision with respect to conflict of interest, malfeasance, misfeasance or nonfeasance in office or employment that would otherwise be applicable to any individual subject to the provisions of this ordinance. The provisions of this ordinance shall be deemed to be additional requirements and shall in no way be construed as a derogation of present statutory penalties and other local remedies for acts prohibited in this ordinance.
Article V – Procedures and Duties of County Clerk The relevant provisions of 5 ILCS 420/4A, et seq. are hereby incorporated into this code as procedure regarding time for filing, where to file, notification to persons required to file, penalties for failure to file and other miscellaneous provisions. The county clerk will receive and maintain a log of all complaints made against individuals subject to this ordinance. All complaints against elected or appointed county officials, county department heads, or the county administrator alleging a violation of the disclosure provision of this ordinance shall be submitted to the State’s Attorney for investigation. AGENDA
Article VI – Penalty for Violation of Ordinance
The penalty for knowingly and intentionally filing a false or incomplete statement shall be an ordinance violation subject to fines and penalties not to exceed $1,000.00 pursuant to 5 ILCS 5/5-1113. All ordinance violations shall be filed within the McHenry County Circuit Court located at 2200 N. Seminary Avenue, Woodstock, Illinois. AGENDA #________ Stmt Economic Interests Addendum Ordinance 111610
ADDENDUM TO STATEMENT OF ECONOMIC INTERESTS TO BE FILED WITH THE CLERK OF McHENRY COUNTY, ILLINOIS
______________________________________________________________
(Name of person for which this Addendum is Filed)
_______________________________________________
(List each Office or Position of Employment for which this Addendum is Filed) (Full Post Office Address to which Notification of an Examination of this Addendum should be Sent)
GENERAL DIRECTIONS The interest (if constructively controlled by the person making the statement) of a spouse or any other party; including dependent children or others of interest, shall be considered to be the same as the interest of the person making the statement. Campaign receipts shall not be included in this statement. If additional space is needed, please attach a supplemental listing.
1. Other than your principal residence, do you or any members of your immediate family own any interest in real property located within the County? __________ If your answer is affirmative, state the following information for each such interest owned:
a. The nature of your interest in the real property and your instrument of ownership as defined in 5 ILCS 420/1-115 (deeds, common or preferred stock certificates, rights, warrants, options, bills of sale, contracts, interests in proprietorships, partnerships and joint ventures, and beneficial interests in trusts or land trusts).
b. The location of the real property (for improved property, provide the street address; for unimproved property, state its location in relation to existing streets); c. The property’s permanent real estate tax identification number. ______________________________________________________________________________ ______________________________________________________________________________
2. Do you or members of your immediate family own an interest in any business or professional entity doing business with the County or any other public/local government agency within McHenry County? _______. Are you or any members of your immediate family an officer or director of any business or professional entity doing business with the County or any other local, public government agency within McHenry County? ____________
If your answer to either of the foregoing questions is in the affirmative, state the following: the name of the business or professional entity, the nature of your relationship to the business or professional
entity; the type of product produced or service rendered by the business or professional entity and the extent or percentage of the interest. ______________________________________________________________________________ ______________________________________________________________________________
3. Other than a debt to secure a mortgage upon your principal residence or business loan are you or members of your immediate family indebted to any person or business or professional entity doing business with the County or any other local, public government within McHenry County?
Circle One: YES NO If yes, list each such person, business or professional entity to which you or members of your immediate family are indebted and the amount of each debt. EXCLUDE: Any liability of $1,200.00 or less; student loans; installment loans (cars, household effects, ect.); medical and dental debts; credit card purchases; support or alimony obligations; debts owed to spouse or close relative; and debts incurred in the maintenance of your household. ______________________________________________________________________________ ______________________________________________________________________________
4. If you or members of your immediate family have been released from any indebtedness from any person, business or professional entity doing business with the County or any other local, public government within McHenry County exceeding in its principal amount of $1,200.00 within the last year without repaying the total balance due on such indebtedness, list the name of the creditor providing the release, the nature and the amount of the indebtedness, and describe the circumstances surrounding the release. EXCLUDE: Any liability of $1,200.00 or less; student loans; installment loans (cars, household effects, ect.); medical and dental debts; credit card purchases; support or alimony obligations; debts owed to spouse or close relative; and debts incurred in the maintenance of your household. ______________________________________________________________________________ ______________________________________________________________________________
Verification: “I declare that this Disclosure of Economic Interests (including any accompanying attachments) has been examined by me and to the best of my knowledge and belief is a true, correct and complete statement of my economic interests as required by the McHenry County Economic Interests Resolution and Conflicts of Interest Disclosure Ordinance. I understand that the penalty for knowingly and intentionally filing a false or incomplete statement shall be an ordinance violation subject to fines and penalties not to exceed $1,000.00 (5 ILCS 5/5-1113).”
_____________ ____________________________________________________
(Date of filing) (Signature of person making the statement)