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NEW ITEMS Meeting of the Cook County Board of Commissioners ...

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page 21<br />

<strong>NEW</strong> <strong>ITEMS</strong><br />

<strong>Meeting</strong> <strong>of</strong> May 1, 2007<br />

PROPOSED ORDINANCE AMENDMENT continued<br />

ITEM #9 cont’d<br />

ARTICLE II<br />

2.14 Limitations <strong>of</strong> Contributions to Candidates and Elected Officials<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

(h)<br />

(i)<br />

No person who has done business with <strong>the</strong> <strong>County</strong> within <strong>the</strong> preceding four years or is<br />

seeking to do business with <strong>the</strong> county (or any o<strong>the</strong>r person who is a principal, as defined<br />

by subsection (b) below, <strong>of</strong> such a person) shall make contributions in an aggregate<br />

amount exceeding $1,500 (i) to any candidate for <strong>County</strong> <strong>of</strong>fice or elected <strong>County</strong> <strong>of</strong>ficial<br />

during a single candidacy; or (ii) to an elected <strong>of</strong>ficial <strong>of</strong> <strong>the</strong> government <strong>of</strong> <strong>the</strong> <strong>County</strong><br />

during any non-election year <strong>of</strong> his or her term. The combined effect <strong>of</strong> <strong>the</strong>se provisions<br />

is intended to permit total contribution up to but not exceeding $3,000 in a year in which<br />

a candidacy occurs. A year for purposes <strong>of</strong> this Section is from January 1st to December<br />

31st <strong>of</strong> each year.<br />

Principals <strong>of</strong> persons whose political contributions are restricted by subsection (a) above<br />

are persons who own or control a majority <strong>of</strong> <strong>the</strong> equity interest in a person as defined by<br />

subsection (a) above.<br />

No person who is (i) a candidate for <strong>County</strong> <strong>of</strong>fice or elected <strong>County</strong> <strong>of</strong>ficial and/or (ii) to<br />

an elected <strong>of</strong>ficial <strong>of</strong> <strong>the</strong> government <strong>of</strong> <strong>the</strong> <strong>County</strong> shall solicit or accept a contribution<br />

prohibited by subsection (a) above.<br />

For purposes <strong>of</strong> subsection (a) above, an entity and its subsidiaries, parent company or<br />

o<strong>the</strong>rwise affiliated companies, and any <strong>of</strong> <strong>the</strong>ir employees, <strong>of</strong>ficers, directors and<br />

partners who make a political contribution for which <strong>the</strong>y are reimbursed by <strong>the</strong> entity or<br />

its affiliates shall be considered a single person. However, nothing in this provision shall<br />

be construed to prohibit such an employee, <strong>of</strong>ficer, director, or partner or o<strong>the</strong>r person<br />

who is not a principal as defined by subsection (b) above from making a political<br />

contribution for which he is not reimbursed by a person with whom he or she is affiliated,<br />

even if that person has made <strong>the</strong> maximum contribution allowed under subsection (a).<br />

Any contributions made under this Section shall be reported as required by <strong>the</strong> Election<br />

Code, 10ILCS 5/1-1 et. seq.<br />

For purposes <strong>of</strong> subsection (a) above, "done business" or "doing business" means any one<br />

or any combination <strong>of</strong> sales, purchases, leases or contracts to, from or with <strong>the</strong> <strong>County</strong> or<br />

any <strong>County</strong> agency in excess <strong>of</strong> $10,000 in any twelve consecutive months.<br />

For purposes <strong>of</strong> subsection (a) above, "seeking to do business" means taking action<br />

within <strong>the</strong> past six months to obtain a contract or business with <strong>the</strong> <strong>County</strong> when, if such<br />

action were successful, it would result in <strong>the</strong> person doing business with <strong>the</strong> <strong>County</strong> as<br />

defined in subsection (d) above.<br />

No later than July 1, 2007, <strong>the</strong> <strong>Board</strong> <strong>of</strong> Ethics shall compile a list <strong>of</strong> all current<br />

contractors and former contractors, and all principals <strong>the</strong>re<strong>of</strong>, who had business during<br />

<strong>the</strong> preceding four reporting years as set forth in subsection (a) above. The list shall be<br />

updated on a monthly basis. The <strong>Board</strong> <strong>of</strong> Ethics shall make available a current version<br />

<strong>of</strong> <strong>the</strong> updated list to all <strong>County</strong> <strong>of</strong>ficials, <strong>County</strong> employees, <strong>County</strong> contractors,<br />

candidates and members <strong>of</strong> <strong>the</strong> public by (i) posting <strong>the</strong> list on <strong>the</strong> <strong>County</strong>’s Internet Web<br />

site and (ii) by making a printed copy <strong>of</strong> <strong>the</strong> updated list available for inspection and/or<br />

copying at all <strong>of</strong>fices <strong>of</strong> <strong>the</strong> <strong>Board</strong> <strong>of</strong> Ethics and <strong>the</strong> <strong>Cook</strong> <strong>County</strong> Clerk.<br />

There shall be a presumption that any person who reasonably relies on <strong>the</strong><br />

aforementioned list to comply with <strong>the</strong> provisions <strong>of</strong> this Ordinance is not in violation <strong>of</strong><br />

this Ordinance if <strong>the</strong> purported violation is related to <strong>the</strong> identity <strong>of</strong> any current contractor<br />

or contractor who has done business with <strong>the</strong> <strong>County</strong> in <strong>the</strong> prior four years.

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