§ 42-132. Investigation and prosecution of ethics violations.  


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  • The mayor with the advice and consent of the city council shall designate an attorney to investigate, and where there is probable cause, to prosecute violations of section 42-127 in the Courts of the Eighteenth Judicial Circuit, DuPage County, Illinois. Allegations of violations of section 42-126 shall be referred to the State's Attorneys Office of DuPage County, Illinois, for investigation and prosecution. If the state's attorneys office refuses or is unable to prosecute an alleged violation of section 42-126, the mayor with the advice and consent of the city council shall appoint an attorney who may investigate the allegations and upon reaching an opinion that there is probable cause, file an information for preliminary hearing. If a court of competent jurisdiction finds probable cause after preliminary hearing, the matter shall be prosecuted by the appointed attorney in conformance with Illinois Code of Criminal Procedure. The powers and duties of an attorney appointed to prosecute any alleged violation of this article shall be limited to matters clearly within the purview of this article.

(Code 1996, § 42-132; Ord. No. F-0990, 1-3-2005)