Village Board Votes To Violate Ethics Laws – Approves Electioneering For Tax Referendum –

Maryville, Ill. (ECWd) –

The Village of Maryville recently place an advertisement on their electronic sign urging voters to vote “YES” in favor of a tax referendum for the local school district (here).

More troubling is the village board’s passage of a Resolution in support of Collinsville Community School District #10’s tax referendum, which included urging the public to vote “YES” on the ballot.

In the resolution, the village called the 44 percent increase a “modest” increase.

The Resolution states (emphasis ours):

“The Village of Maryville Board of Trustees urge all residents of the Village of Maryville to carefully consider the long-term benefits of supporting this Zero Tax Rate Change Proposal and to vote in favor of it in the upcoming election.”

The State Officials and Employees Ethics Act, which local governments are required to adopt, prohibits this type of electioneering.

“Prohibited Political Activity” is defined as:

• (7) 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.
• (11) 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.

Section 5-15 deals with the prohibition on political activities:

• (a) State employees shall not intentionally perform any prohibited political activity during any compensated time (other than vacation, personal, or compensatory time off). State employees shall not intentionally misappropriate any State property or resources by engaging in any prohibited political activity for the benefit of any campaign for elective office or any political organization.

The Village of Maryville has adopted an Ethics Ordinance in 2004 (here). In passing this Resolution, the village board violated their own Ethics Ordinance (Sec 1, para D) by participating in prohibited political activities as described in the Act. The village also adopted the penalties from the Act as found in Section 50-5 of the Act, which prescribes penalties for violations as Class A Misdemeanors and subject the offending individual(s) to discipline or discharge.