2-156-010 Definitions.

   The following definitions shall apply for purposes of this chapter:

   (a)   “Administrative action” means any decision on, or any proposal, consideration, enactment or making of any rule, regulation, or any other official nonministerial action or non-action by any executive department, or by any official or employee of an executive department, or any matter which is within the official jurisdiction of the executive branch.

   (b)   “Agency” means the city council, any committee or other subdivision thereof, any city department or other administrative unit, commission, board, or other division of the government of the city.

   (c)   “Alderman” means any person holding the elected office of alderman of the city council.

   (c-1)   “Board of ethics” or “board” means the board of ethics established in this chapter.

   (c-2)   “Candidate for city office” means any person who seeks nomination for election, election to or retention in any elected office of the government of the city, whether or not such person is elected. A person seeks nomination for election, election or retention if he or she (1) takes the action necessary under the laws of the State of Illinois to attempt to qualify for nomination for election, election to or retention in public office, or (2) receives contributions or makes expenditures, or gives consent for any other person to receive contributions or make expenditures with a view to bringing about his or her nomination for election or election to or retention in such office. For purposes of this definition, the term “expenditure” has the meaning ascribed to that term in Article 9 of the Illinois Election Code, codified at 10 ILCS 5/9-1 et seq.

   (d)   “City” means the City of Chicago.

   (d-1)   “City council employee” shall mean an individual employed by an alderman or a city council committee, or bureau or other service agency of the city council, whether part-time or full-time, including an individual retained as an independent contractor by any of them.

   (e)   “City contractor” means any person (including his agents or employees acting within the scope of their employment) who is paid from the city treasury or pursuant to city ordinance, for services to any city agency, regardless of the nature of the relationship of such individual to the city for purposes other than this chapter. A “city contractor” shall not include officials and employees.

   (e-1)   “City property” means any building or portion thereof owned or exclusively leased by the city or any city agency. “City property” does not, however, include any portion of a building that is rented or leased from the city or any city agency by a private person or entity.

   (e-2)   “Clerical” means an employee who carries out tasks of a mechanical/secretarial/ administrative nature (for example, copying, filing, word-processing) with no discretion on issues of substance.

   (e-3)   “Compensated time” means any time worked by or credited to an employee that counts toward any minimum work time requirement imposed as a condition of employment with the city, but does not include any designated city holidays or any period when the employee is on an approved vacation or leave of absence.

   (f)   “Compensation” means money, thing of value or other pecuniary benefit received or to be received in return for, or as reimbursement for, services rendered or to be rendered.

   (f-1)   “Confidential information” means any information that is exempt from disclosure under the Illinois Freedom of Information Act, codified at 5 ILCS 140/1, et seq.

   (g)   “Contract management authority” means personal involvement in or direct supervisory responsibility for the formulation or execution of a city contract, including without limitation the preparation of specifications, evaluation of bids or proposals, negotiation of contract terms or supervision of performance.

   (g-1)   “Covered relative” means the spouse or domestic partner of any official, candidate for city office, or employee, or the immediate family, and relatives residing in the same residence with the official, candidate for city office, or employee.

   (h)   “Doing business” means any one or any combination of sales, purchases, leases or contracts to, from or with the city or any city agency in an amount in excess of $10,000.00 in any 12 consecutive months.

   (i)   [Reserved]

   (j)   “Employee” means an individual employed by the City of Chicago, whether part-time or full-time, but excludes elected officials and city contractors.

   (j-0)   "Executive director" means the executive director of the board of ethics established in this chapter.

   (j-1)   “Exempt position” means a position that is classified as exempt under the City's Hiring Plan, as amended from time to time, but excluding City Council employees.

   (k)   “Expenditure” means a payment, distribution, loan, advance, deposit, or gift of money or anything of value.

   (l)   “Financial interest” means an interest held by an official or employee that is valued or capable of valuation in monetary terms with a current value of more than $1,000.00, provided that such interest shall not include: (1) the authorized compensation paid to an official or employee for any office or employment; or (2) a time or demand deposit in a financial institution; or (3) an endowment or insurance policy or annuity contract purchased from an insurance company; or (4) any ownership through purchase at fair market value or inheritance of the shares of a mutual fund corporation, regardless of the value of or dividends on such shares, if such shares are registered on a securities exchange pursuant to the Securities Exchange Act of 1934, as amended; or (5) any ownership through purchase at fair market value or inheritance of not more than one-half of one percent of the outstanding common stock of the shares of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of the dividends on such shares, if such shares are registered on a securities exchange pursuant to the Securities Exchange Act of 1934, as amended.

   (m)   “Gift” means any thing of value given without fair-market-value consideration.

   (m-1)   “Hearing officer” means an administrative law officer appointed by the department of administrative hearings, in consultation with the board of ethics, to the dedicated function of conducting hearings on the merits pursuant to this chapter.

   (m-2)   “Inspector general” means the city's inspector general.

   (n)   “Legislation” means any ordinance, resolution, amendment, nomination, report or any other matter pending or proposed in the city council or a committee or other subdivision thereof, including any other matter which may be the subject of council action.

   (o)   “Legislative action” means the introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, veto or other official action or non-action on any ordinance, resolution, motion, order, appointment, application or other matter pending or proposed in the city council or any committee or subcommittee thereof.

   (o)   (1)   “Lobby” or “lobbying” means the conduct described in subsection (p) of this Section 2-156-010.

   (p)   “Lobbyist” means any person who, on behalf of any person other than himself, or as any part of his duties as an employee of another, undertakes to influence any legislative or administrative action, including but not limited to:

      (1)   A bond inducement ordinance;

      (2)   A zoning matter;

      (3)   A concession agreement;

      (4)   The creation of a tax increment financing district;

      (5)   The establishment of a Class 6(b) Cook County property tax classification;

      (6)   The introduction, passage or other action to be taken on an ordinance, resolution, motion, order, appointment or other matter before the city council;

      (7)   The preparation of contract specifications;

      (8)   The solicitation, award or administration of a contract;

      (9)   The award or administration of a grant, loan, or other agreement involving the disbursement of public monies; or

      (10)   Any other determination made by an elected or appointed city official or employee of the city with respect to the procurement of goods, services or construction.

   Provided, however, that a person shall not be deemed to have undertaken to influence any legislative or administrative action solely by submitting an application for a city permit or license or by responding to a city request for proposals or qualifications.

   The term “lobbyist” shall include, but is not be limited to, any attorney, accountant, or consultant engaged in the above-described activities; provided, however, that an attorney shall not be considered a lobbyist while representing clients in a formal adversarial hearing. The term “lobbyist” shall not include any volunteer, employee, officer or director of a not-for-profit entity who seeks to influence legislative or administrative action solely on behalf of that entity. Provided further, that if (1) any person is paid or otherwise compensated to influence legislative or administrative action on behalf of a not-for-profit entity; and (2) such not-for-profit entity lobbies on behalf of for-profit entities or individuals engaged in a for-profit enterprise, such person shall be deemed to be a lobbyist within the meaning of this chapter.

   (q)   “Official” means any person holding any elected office of the city or any appointed, non- employee member of any city agency.

   (r)   “Person” means any individual, entity, corporation, partnership, firm, association, union, trust, estate, as well as any parent or subsidiary of any of the foregoing, whether or not operated for profit.

   (s)   “Political activity” means:

      (1)   Serving as an officer of a political party, of a political club, or of an organization relating to a campaign for elected office (“organization”); as a member of a national, state or local committee of a political party, club or organization; as an officer or member of a committee of a political party, club or organization; or being a candidate for any of these positions;

      (2)   Organizing or reorganizing a political party, club or organization;

      (3)   Directly or indirectly soliciting, receiving, collecting, handling, disbursing, or accounting for assessments, contributions, or other funds for any political party, political fund, candidate for elected office, candidate for political party office, or any committee thereof or committee which contributes to any of the foregoing;

      (4)   Organizing, selling tickets to, promoting, or actively participating in a fundraising activity of a public officer holder, candidate in an election or political party, political club or an organization;

      (5)   Taking an active part in managing the political campaign of a candidate for public office in an election or a candidate for political party office;

      (6)   Becoming a candidate for, or campaigning for, an elective public office in an election;

      (7)   Soliciting votes in support of or in opposition to a candidate for public office in an election or a candidate for political party office;

      (8)   Acting as recorder, watcher, challenger or similar officer at the polls on behalf of a political party or a candidate in an election;

      (9)   Driving voters to the polls on behalf of a political party or candidate in an election;

      (10)   Endorsing or opposing a candidate for public office in an election or a candidate for political party office in a political advertisement, a broadcast, campaign literature, or similar material, or distributing such material;

      (11)   Serving as a delegate, alternate, or proxy to a political party convention;

      (12)   Addressing a convention, caucus, rally, or similar gathering in support of or in opposition to a candidate for public office or political party office;

      (13)   Initiating or circulating a nominating petition for elective office;

      (14)   Soliciting, collecting, or receiving a political contribution or a contribution for any political party, political fund, candidate for elected office, candidate for political party office, or any committee thereof or committee which contributes to any of the foregoing; or

      (15)   Paying or making a political contribution or a contribution for any political party, political fund, candidate for elected office, candidate for political party office, any committee thereof or committee which contributes to any of the foregoing.

   (t)   “Political contribution” means any gift, subscription, loan, advance, deposit of money, allotment of money, or anything of value given or transferred by one person to another, including in cash, by check, by draft, through a payroll deduction or allotment plan, by pledge or promise, whether or not enforceable, or otherwise, for purposes of influencing in any way the outcome of any election. For the purposes of this definition, a political contribution does not include:

      (1)   A loan made at a market rate by a lender in his or her ordinary course of business;

      (2)   The use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual in rendering voluntary personal services on the individual's residential premises for candidate-related activities; provided the value of the service provided does not exceed an aggregate of $150.00 in a reporting period as defined in Article 9 of the Illinois Election Code;

      (3)   The sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if such charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor.

   (t-1)   “Political committee” means a political committee as defined in Article 9 of the Illinois Election Code, codified at 10 ILCS 5/9-1 et seq.

   (u)   “Political fundraising committee” means any fund, organization, political action committee or other entity that, for purposes of influencing in any way the outcome of any election, receives or expends money or anything of value or transfers money or anything of value to any other fund, political party, candidate, organization, political action committee, or other entity.

   (v)   “Professional services” means services in any occupation requiring advanced or specialized education and training, including without limitation law, accounting, insurance, real estate, engineering, medicine, architecture, dentistry, banking, finance, public relations, education or consulting.

   (v-1)   “Prohibited political activity” means:

      (1)   Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.

      (2)   Soliciting contributions, including but not limited to purchasing, selling, distributing, or receiving payment for tickets for any political fund- raiser, political meeting, or other political event.

      (3)   Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.

      (4)   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.

      (5)   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.

      (6)   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.

      (7)   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.

      (8)   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.

      (9)   Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.

      (10)   Preparing or reviewing responses to candidate questionnaires in connection with a campaign for elective office or on behalf of a political organization for political purposes.

      (11)   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.

      (12)   Campaigning for any elective office or for or against any referendum question.

      (13)   Managing or working on a campaign for elective office or for or against any referendum question.

      (14)   Serving as a delegate, alternate, or proxy to a political party convention.

      (15)   Participating in any recount or challenge to the outcome of any election.

   (w)   “Relative” means a person who is related to an official, candidate for city office, or employee as spouse or as any of the following, whether by blood or by adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in- law, sister-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister, half-brother or half-sister.

   (x)   “Seeking to do business” means (1) taking any action within the past six months to obtain a contract or business from the city when, if such action were successful, it would result in the person's doing business with the city; and (2) the contract or business sought has not been awarded to any person.

   (y)   “Domestic partner” means a “qualified domestic partner” as defined in Section 2-152-072 of this Code.

   (z)   “Sexual harassment” means any unwelcome sexual advances or requests for sexual favors or conduct of a sexual nature when (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or of any governmental decision; or (ii) submission to or rejection of such conduct by an individual is used as the basis for any employment or other governmental decision affecting the individual or the individual's client or employer; or (iii) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

(Prior code § 26.2-1; Added Coun. J. 5-16-90, p. 16204; Amend Coun. J. 5-17-00, p. 32667, § 1; Amend Coun. J. 6-23-04, p. 26935, § 1; Amend Coun. J. 7-28-11, p. 4941, § 1; Amend Coun. J. 7-25-12, p. 31123, § 1; Amend Coun. J. 2-13-13, p. 46730, § 1; Amend Coun. J. 7-29-15, p. 3567, § 1; Amend Coun. J. 2-10-16, p. 19348, § 3; Amend Coun. J. 11-8-17, p. 58447, § 2; Amend Coun. J. 2-28-18, p. 68393, § 1)

 

Notes

2-152-072

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2-156-015 Ethics pledge – When required.

   (a)   Persons required to file pledge. The following persons shall comply with the requirements of this section:

      (1)   Any person who serves as (i) a non- clerical employee of the Office of the Mayor, or (ii) a department head; and

      (2)   Any employee who holds an exempt position, as defined in Section 2-156-010, in a City department, board or agency on or after May 16, 2011, other than a person described in item (1) of this subsection (a); and

      (3)   Any person who is appointed by the Mayor to the board of any board, commission, authority or agency, on or after May 16, 2011.

   (b)   Contents of pledge. As a condition of employment or appointment, any person meeting the requirements of subsection (a) of this section shall comply with all applicable requirements set forth in Section 2-156-105, and shall sign, and upon signing shall be contractually committed to, the following pledge:

“As a condition, and in consideration, of my employment or appointment by the City of Chicago in a position invested with the public trust, I shall, upon leaving government employment or appointment, comply with the applicable requirements of Section 2-156-105 of the Chicago Municipal Code imposing restrictions upon lobbying by former government employees, which I understand are binding on me and are enforceable under law.

I acknowledge that Section 2-156-105 of the Chicago Municipal Code, which I have read before signing this pledge, imposes restrictions upon former government employees and appointees and sets forth the methods for enforcing them. I expressly accept the applicable provisions of Section 2-156-105 of the Chicago Municipal Code as part of this agreement and as binding on me. I understand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of government service.”

   (c)   Deadline for filing. Any person required to sign a pledge under this section shall file such pledge with the Board of Ethics within 14 days of commencing employment or appointment.

   (d)   Enforcement. The contractual, fiduciary and ethical commitments in the pledge required under this section shall be solely enforceable by the City of Chicago pursuant to this section by any legally available means, including judicial civil proceedings for declaratory, injunctive or monetary relief. Any former employee or appointee who is determined, after notice and hearing, by the board of ethics to have violated the pledge required under this section may be barred from lobbying any officer or employee of the relevant agency or agencies for up to 5 years in addition to the time period covered by the pledge. The corporation counsel or his or her designee is authorized: (1) upon receiving information regarding the possible breach of any commitment in a signed pledge, to request any appropriate City investigative authority to conduct such investigations as may be appropriate; and (2) upon determining that there is a reasonable basis to believe that a breach of a commitment has occurred or will occur or continue, if not enjoined, to commence a civil action against the former employee or appointee. In any such civil action, the corporation counsel or his or her designee is authorized to request any and all relief authorized by law, including but not limited to: (i) such temporary restraining orders and preliminary and permanent injunctions as may be appropriate to restrain future, recurring, or continuing conduct by the former employee or appointee in breach of the commitments in the pledge he or she signed; and (ii) disgorgement of all monies received in connection with any breach or attempted breach of the pledge signed by the former employee or appointee.

   (e)   Disclaimer. This section is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the City of Chicago, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(Added Coun. J. 7-28-11, p. 4941, § 2)

2-156-017 Ethics officers.

   (a)   Each department head and alderman shall designate an appropriate management-level employee who shall serve as the department's or aldermanic office's ethics officer. Department heads and aldermen shall provide the names and contact information of such ethics officers to the board no later than January 1. 2013, or within 30 days from swearing in as a city alderman. A department head or alderman shall designate a new ethics officer within 30 days after the current ethics officer leaves the department or aldermanic office, or otherwise ceases to serve as an ethics officer, and shall provide to the board the name and contact information of the new ethics officer.

   (b)   In addition to their regular job duties, ethics officers shall have the following responsibilities:

      (1)   collect financial statement forms, if on paper, from reporting employees and officials, review such forms for completeness, and submit such forms to the board;

      (2)   assist the board by forwarding notices to employees regarding timely completion of ethics filings and training, and upon request provide the board with such notices;

      (3)   direct ethics questions and issues to the board;

      (4)   assist the board in maintaining a current roster of employees and officials;

      (5)   provide answers to general ethics questions after consultation with the board;

      (6)   ensure compliance with ethics rules specifically applicable to their departments or aldermanic offices, and assist the board with respect to training responsibilities as identified in section 2-156-145 of this chapter;

      (7)   emphasize the role of ethics within their departments or aldermanic offices through regular email updates and office posters, and leading periodic discussions on ethics during staff meetings;

      (8)   assist the board to identify employees or officials who can be outstanding ethics models for city employees and officials; and

      (9)   generally serve as liaisons between their departments or aldermanic offices and the board.

   (c)   The board shall provide annual in-person training to ethics officers, and shall keep ethics officers informed of the board's latest ethics rulings. The board may also provide additional training and information to ethics officers as the board may deem appropriate.

(Added Coun. J. 7-25-12, p. 31123, § 1; Amend Coun. J. 7-29-15, p. 3567, § 1)

ARTICLE II. SUBSTANTIVE CODE OF CONDUCT PROVISIONS (2-156-018 et seq.)