A. Except as permitted in subsection B of this section, no public official or public employee, as the case may be, and no family member, shall solicit or accept any gift from any person.
B. Subsection A of this section is not applicable to the following exceptions which are mutually exclusive and independent of every other exception:
1. An award publicly presented in recognition of public service;
2. Commercially reasonable loans made in the ordinary course of the lender's business;
3. Complimentary copies of trade publications;
4. Holiday greeting cards;
5. Opportunities, benefits, and services that are available on the same conditions as for the general public;
6. Anything for which the public official or public employee or family member pays the fair market value;
7. Any: a) contribution that is lawfully made under the election code or b) activities associated with a fundraising event in support of a political organization or candidate;
8. Educational materials;
9. 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, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fiancee;
10. 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:
a. 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;
b. 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
c. 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 public officials or public employees or family members;
11. 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 a public official or public employee), if the benefits have not been offered or enhanced because of the official position or employment of the public official or public employee, and are customarily provided to others in similar circumstances;
12. Intragovernmental and intergovernmental gifts;
13. Bequests, inheritances, and other transfers at death;
14. Reasonable hosting, and food or refreshments not exceeding seventy five dollars ($75.00) per person in value on a single calendar day, furnished to the public official or public employee in connection with official village business, if furnished by the sponsor of the event relating to the official village business and the hosting, and food or refreshments are consumed on the premises from which they were purchased, prepared, or catered. Notwithstanding the provisions contained in this subsection, no public employee shall attend any event referred to herein unless and until the village administrator determines that no permit or substantial issue regarding village regulations is outstanding and/or undetermined with respect to the host and/or sponsor of such event, and the village administrator authorizes the public employee's attendance at the event. The burden is on the public employee to request authorization from the village administrator to attend any event referred to herein; or
15. Any item or items from any one person during any calendar year having a cumulative total value of less than one hundred dollars ($100.00).
C. The foregoing regulations in this section are intended to be no less restrictive than the state gift ban act 1 and represent the rules required to be adopted thereby, 5 Illinois Compiled Statutes 430/70-5.
D. If the state supreme court declares the state gift ban act 2 unconstitutional in its entirety, then this section shall be repealed as of the date that the supreme court's decision becomes final and not subject to any further appeals or rehearings. This section shall be deemed repealed without further action by the corporate authorities of the village if the act is found unconstitutional by the state supreme court.
If the state supreme court declares part of the act 3 unconstitutional, but upholds the constitutionality of the remainder of the act or does not address the remainder of the act, then the remainder of the act as adopted by this section shall remain in full force and effect; however, the part of this section relating to the part of the act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the village.
E. Any mandatory amendment to the state gift ban act 4 that becomes effective after the passage of the ordinance(s) from which this code of ethics is derived shall be incorporated into this code of ethics by reference and shall be applicable to the solicitation and acceptance of gifts. However, any amendment that makes its provisions optional for adoption by municipalities shall be incorporated into this code of ethics by reference only after formal action by the corporate authorities of the village. (Ord. 09-04-10, 4-20-2009)
Notes
| 1 | 1. 5 ILCS 430/10-10 et seq. |
| 2 | 2. 5 ILCS 430/10-10 et seq. |
| 3 | 3. 5 ILCS 430/10-10 et seq. |
| 4 | 4. 5 ILCS 430/10-10 et seq. |