For purposes of this chapter, the following terms shall be given these definitions:
ABUSE: Misuse of power, authority or control. Examples include but are not limited to using one’s authority to direct employees to perform non-City related work; causing employees to work overtime without compensation; or using City assets for non-City business without proper permission.
ASSET: Anything of value, whether tangible or intangible. Examples include, but are not limited to cash, tools, equipment, fuel, office supplies and time.
CAMPAIGN FOR ELECTIVE OFFICE: Any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, state or local public office or office in a political organization, or the selection, nomination, or election of presidential or vice presidential electors, but does not include activities: a) relating to the support or opposition of any executive, legislative, or administrative action, b) relating to collective bargaining, or c) that are otherwise in furtherance of the person's official duties.
CANDIDATE: A person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in section 1-3 of the election code 1 .
CITY COUNCIL: The elected officials currently holding office of the city council of the city of Carbondale, Illinois, which includes the mayor and six (6) city council members.
COLLECTIVE BARGAINING: Has the same meaning as that term is defined in section 3 of the Illinois public labor relations act 2 .
COMPENSATED TIME: Any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this chapter, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, "compensated time" includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.
COMPENSATORY TIME OFF: Authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.
CONTRIBUTION: Has the same meaning as that term is defined in section 9-1.4 of the election code 3 .
EMPLOYEE: A person employed by the city of Carbondale, whether on a full time or part time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.
EMPLOYER: The city of Carbondale.
FRAUD: Theft by means of deception, deceit or trickery. Examples include but are not limited to forging or altering a City warrant or check; charging personal expenses to the City; or claiming overtime when not worked.
FRAUD, WASTE AND ABUSE: Any illegal, wasteful, or improper activity involving City assets or resources. It includes theft by means of deception, deceit or trickery; willful misrepresentation to obtain something of value; and the extravagant, careless or needless expenditure or consumption of City resources, whether intentional or not.
GIFT: Any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to: cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.
IMMEDIATE FAMILY: A spouse, partner, or dependent of the employee.
INTEREST: Any direct or indirect pecuniary or material benefit accruing to a person as a result of a contract or transaction which is or may be the subject of an official act or action by or with the city except for such contracts or transactions which by their terms and by the substance of their provisions confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. For purposes of this chapter, a public official, officer, or employee shall be deemed to have an interest in the affairs of:
A. Any person or business entity with whom a contractual relationship exists with the public official or employee;
B. Any business entity in which the public official or employee is an officer, director, or member having a financial interest in, or employed by;
C. Any business entity in which the stock of, or legal or beneficial ownership of, in excess of five percent (5%) of the total stock or total legal and beneficial ownership, is controlled or owned directly or indirectly by the public official or employee.
LEAVE OF ABSENCE: Any period during which an employee does not receive: a) compensation for employment, b) service credit toward pension benefits, and c) health insurance benefits paid for by the employer.
OFFICER: A person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for services in his/her official capacity.
POLITICAL ACTIVITY: Any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities: a) relating to the support or opposition of any executive, legislative, or administrative action, b) relating to collective bargaining, or c) that are otherwise in furtherance of the person's official duties.
POLITICAL ORGANIZATION: A party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the state board of elections or a county clerk under section 9-3 of the election code 4 , but only with regard to those activities that require filing with the state board of elections or a county clerk.
POLITICAL RIGHTS: To petition, make public speeches, campaign for or against political candidates, speak out on questions of public policy, distribute political literature, make campaign contributions, and/or seek public office.
PROHIBITED POLITICAL ACTIVITY:
A. Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.
B. Soliciting contributions, including, but not limited to, the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event.
C. Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.
D. Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
E. Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
F. Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question.
G. 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.
H. Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.
I. Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.
J. Preparing or reviewing responses to candidate questionnaires.
K. 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.
L. Campaigning for any elective office or for or against any referendum question.
M. Managing or working on a campaign for elective office or for or against any referendum question.
N. Serving as a delegate, alternate, or proxy to a political party convention.
O. Participating in any recount or challenge to the outcome of any election.
PROHIBITED SOURCE: Any person or entity who:
A. Is seeking official action: 1) by the officer or 2) by an employee, or by the officer or another employee directing that employee;
B. Does business or seeks to do business: 1) with the officer or 2) with an employee, or with the officer or another employee directing that employee;
C. Conducts activities regulated: 1) by the officer or 2) by an employee, or by the officer or another employee directing that employee; or
D. Has interests that may be substantially affected by the performance or nonperformance of the official duties of the officer or employee.
REASONABLE PERSON: Any person of average competence and ability to reason.
THIRD PARTY: Any person or entity other than an employee of the City or the City itself.
WASTE: The unnecessary or pointless consumption of resources, time or labor. Examples include but are not limited to using more of something when less will do; performing tasks that do not need to be performed; or maintaining excessive inventories.
(Ord. 2023-33; Ord. 2004-38)
Notes
| 1 | 1. 10 ILCS 5/1-3. |
| 2 | 2. 5 ILCS 315/3. |
| 3 | 1. 10 ILCS 5/9-1.4. |
| 4 | 1. 10 ILCS 5/9-3. |