(A) The restriction in § 31.31 above does not apply to the following:
(1) Opportunities, benefits and services that are available on the same conditions as for the general public;
(2) Anything for which the officer, member or village employee pays the market value;
(3) Any: contribution that is lawfully made under the Election Code or under this Act; or activities associated with a fundraising event in support of a political organization or candidate;
(4) Educational materials and missions. This exception may be further defined by rules adopted by the appropriate ethics commission or by the Auditor General for the Auditor General and employees of the Office of the Auditor General;
(5) Travel expenses for a meeting to discuss village business. This exception may be further defined by rules adopted by the appropriate ethics commission or by the Auditor General for the Auditor General and employees of the Office of the Auditor General;
(6) 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, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister and including the father, mother, grandfather or grandmother of the individual's spouse and the individual's fiancé or fiancée;
(7) (a) Anything provided by an individual on the basis of a personal friendship unless the member, officer or employee has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the member, officer or employee and not because of the personal friendship;
(b) In determining whether a gift is provided on the basis of personal friendship, the member, officer or employee shall consider the circumstances under which the gift was offered, such as:
1. 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;
2. Whether to the actual knowledge of the member, officer or employee the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and
3. Whether to the actual knowledge of the member, officer or employee the individual who gave the gift also at the same time gave the same or similar gifts to other members, officers or employees.
(8) Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are consumed on the premises from which they were purchased or prepared; or catered. For the purposes of this section,
CATERED means food or refreshments that are purchased ready to eat and delivered by any means;
(9) Food, refreshments, lodging, transportation and other benefits resulting from the outside business or employment activities (or outside activities that are not connected to the duties of the officer, member or employee as an office holder or employee) of the officer, member or employee, or the spouse of the officer, member or employee, if the benefits have not been offered or enhanced because of the official position or employment of the officer, member or employee, and are customarily provided to others in similar circumstances;
(10) Intra-governmental and inter-governmental gifts. For the purpose of this Act,
INTRA-GOVERNMENTAL GIFT is any gift given to a member, officer or employee of a village agency from another member, officer or employee of the same village agency; and INTER-GOVERNMENTAL GIFT is any gift given to a member, officer or employee of a village agency, by a member, officer or employee of another village agency, of a federal agency, or of any governmental entity;
(11) Bequests, inheritances and other transfers at death; or
(12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.
(B) Each of the exceptions listed in this section is mutually exclusive and independent of one another.
(Ord. 04-08-06, passed 5-17-2004)