(A) Prohibitions and exceptions.
(1) (a) Except as otherwise provided in this section, no covered individual shall intentionally solicit or accept any gift, prize, favor or other consideration from any prohibited source as defined herein, or which is otherwise in violation of any federal or state statute, rule, or regulation. This ban applies to and includes the spouse of and immediate family living with the covered individual. No prohibited source shall intentionally offer or make a gift that violates this division (A)(1).
(b) The restriction 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 covered individual pays the market value.
3. Any:
A. Condition that is lawfully made under the election code or under this section; or
B. Activities associated with a fundraising event in support of a political organization or candidate.
4. Educational materials and missions.
5. Travel expenses for a meeting to discuss village business.
6. A gift from a relative, meaning those people related to the covered 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 covered individual's spouse and the covered individual's fiancé or fiancée.
7. Anything provided by an individual on the basis of a personal friendship unless the covered individual has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the covered individual and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the covered individual 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 covered individual, 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 covered individual, the individual who gave the gift also, at the same time, gave the same or similar gifts to other covered individuals.
8. Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are: 1) consumed on the premises from which they were purchased or prepared; or 2) 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 outside business or employment activities (or outside activities that are not connected to the duties of the covered individual as an office holder or employee) of the officer, member, or employee, or the spouse of the covered individual, if the benefits have not been offered or enhanced because of the official position or employment of the covered individual and are customarily provided to others in similar circumstances.
10. Intragovernmental and intergovernmental gifts. For the purpose of this section, INTRAGOVERNMENTAL GIFT means any gift given to a covered individual from another covered individual, and INTERGOVERNMENTAL GIFT means any gift given to a covered individual by a member, officer, or employee of another government entity.
11. Bequests, inheritances, and other transfers at death.
12. Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.
(2) Each of the exceptions listed in this division (A) is mutually exclusive and independent of one another.
(B) Disposition of gifts. A covered individual does not violate this article if the covered individual promptly takes reasonable action to return the prohibited gift to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under § 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded.
(Ord. 2018-04-17, passed 4-16-2018)