2-156-142 Offering, receiving and soliciting of gifts or favors.

   (a)   (1)   Except as otherwise provided in this chapter, no city official, candidate for city office, or employee, and, subject to subsection (g) no covered relative, shall:

         (i)   solicit any gift for himself or any covered relative;

         (ii)   accept any anonymous gift; or

         (iii)   accept any gift of cash, gift card or cash equivalent.

      (2)   Except as otherwise provided in this chapter, no city official, candidate for city office, or employee, and, subject to subsection (g) no covered relative, shall knowingly accept any gift, unless the total value of all gifts given to the official, candidate for city office, employee or covered relative by a single source amounts to no more than $50.00 in a calendar year.

   (b)   No city official or employee shall accept any gift or money for participating in speaking engagements, lectures, debates or organized discussion forums in the course of the official's or employee's city employment.

   (c)   No person shall offer, with intent to violate, or make a gift that violates, this section.

   (d)   The restriction in subsection (a) shall not apply to the following:

      (1)   Any opportunity, benefit, loan, or service that is available to members of the public on the same terms.

      (2)   Anything for which the city official, candidate for city office, or employee pays the fair market value.

      (3)   Any lawful campaign contribution, provided that such campaign contribution is properly reported to the extent required by law; or activities associated with any fund-raising event in support of a political organization or candidate.

      (4)   Any gift from a relative.

      (5)   Any gift from an official superior as the term “official superior” is defined in Section 2-156-143 of this chapter.

      (6)   Any gift from a personal friend, unless the official, candidate for city office, or employee has reason to believe that, under the circumstances, the gift was given because of the official position, candidacy or employment of the official, candidate for city office, or employee.

      (7)   Any bequest, inheritance, or other transfer at death.

      (8)   Any gift that is given to, or is accepted on behalf of the city, provided that any person receiving the gift on the city's behalf shall immediately report to the board and to the comptroller, who shall add such gift to an inventory of the city's property.

      (9)   Any award for public service, provided that such award is not cash, a gift card, or a cash equivalent.

      (10)   Any material or travel expense for meetings related to a public or governmental educational purpose, provided that any such expense has been approved in advance by the board, and further provided that such expense is reported to the board within 10 days of completion thereof.

      (11)   Any food, refreshment, lodging, transportation, or other benefit resulting from the outside business, employment or community activities of the official, candidate for city office, or employee, if such benefits have not been offered or enhanced because of the official position, candidacy or employment of the officer, candidate for city office, or employee, and are customarily provided to others in similar circumstances.

      (12)   Reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connection with meetings, appearances or public events or ceremonies related to official city business, if furnished by the sponsor of such meeting or public event or ceremony, and further provided that such travel and expenses, entertainment, meals or refreshments have been approved in advance by the board and are reported to the board within 10 days of acceptance thereof.

   (e)   No person shall give or offer to give to any official, candidate for city office, employee or city contractor, or the covered relative of such official, candidate, or employee, and none of them shall accept, anything of value, including, but not limited to, a gift, favor or promise of future employment, based upon any mutual understanding, either explicit or implicit, that the votes, official actions, decisions or judgments of any official, candidate for city office or city contractor, concerning the business of the city would be influenced thereby. It shall be presumed that a non-monetary gift having a value of no more than $50.00 does not involve such an understanding.

   (f)   No official or employee, or the covered relative of such official or employee, shall solicit or accept any money or other thing of value including, but not limited to, gifts, favors, services or promises of future employment, in return for advice or assistance on matters concerning the operation or business of the city; provided, however, that nothing in this section shall prevent an official or employee, or the covered relative of such official or employee from accepting compensation for services wholly unrelated to the official's or employee's city duties and responsibilities and rendered as part of his or her non-city employment, occupation or profession.

   (g)   The prohibitions of this section shall not apply to any food, refreshment, lodging, transportation, or other gift or benefit resulting from the outside business, employment or community activities of a covered relative, if such benefit has not been offered or enhanced because of the official position, candidacy, or employment of the officer, candidate for city office, or employee, and is customarily provided to others in similar circumstances.

   (h)   In addition to the prohibition on soliciting on behalf of a covered relative in subsection (a) above, no city official or employee shall solicit any gift on behalf of a third party, if: (i) that official or employee knows that the prospective donor is seeking administrative or legislative action from the City, and (ii) the official or employee is in a position to directly affect the outcome of that action.

(Added 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)

2-156-143 Employee-to-employee gifts.

   (a)   For purposes of this section, the following definitions shall apply:

   “Official superior” means any employee, including but not limited to an immediate supervisor, whose official responsibilities include directing or evaluating the performance of other employees' official duties or those of any other supervisor of the employee. For purposes of this section, the term “official superior” shall also include the Mayor. Additionally, for purposes of this section, an employee is considered to be the subordinate of any of his official superiors.

   “Solicit” means to request contributions by personal communication or by general announcement.

   “Voluntary contribution” means a contribution given freely, without pressure or coercion. A contribution is not voluntary unless it is made in an amount determined by the contributing employee, except that where an amount for a gift is included in the cost for a luncheon, reception or similar event, an employee who freely chooses to pay a proportionate share of the total cost in order to attend such event shall be deemed to have made a voluntary contribution.

   (b)   Except as provided in this section, an employee shall not (i) give a gift to or make a donation towards a gift for an official superior; or (ii) solicit a contribution from another employee for a gift to either his own or the other employee's official superior.

   (c)   Except as provided in this section, an employee shall not accept a gift from an employee receiving less pay than himself unless: (i) the two employees are not in a subordinate-official superior relationship; and (ii) there is a personal relationship between the two employees that would justify the gift.

   (d)   The restriction in subsections (b) and (c) shall not apply to the following:

      (1)   On an occasional basis, including any occasion on which gifts are traditionally given or exchanged such as birthdays or holidays, the following may be given to an official superior or accepted from a subordinate or other employee receiving less pay:

         (i)   Items, other than cash but including gift cards, with an aggregate market value of $10.00 or less per occasion;

         (ii)   Items such as food and refreshments to be shared in the office among several employees;

         (iii)   Personal hospitality provided at a residence which is of a type and value customarily provided by the employee to personal friends; or

         (iv)   Items given in connection with the receipt of personal hospitality if of a type and value customarily given on such occasions.

      (2)   A gift appropriate to the occasion may be given to an official superior or accepted from a subordinate or other employee receiving less pay:

         (i)   In recognition of infrequently occurring occasions of personal significance such as marriage, illness, or the birth or adoption of a child; or

         (ii)   Upon occasions that terminate a subordinate-official superior relationship, such as retirement, resignation, or transfer.

      (3)   An employee may solicit a voluntary contribution of no more than $20.00 from a fellow employee for an appropriate gift to an official superior and an employee may make a voluntary contribution of $20.00 or less to an appropriate gift to an official superior:

         (i)   On a special, infrequent occasion as described in subsection (d)(2) of this section; or

         (ii)   On an occasional basis, for items such as food and refreshments to be shared in the office among several employees.

      An employee may accept such gifts to which a subordinate or other employee receiving less pay than himself has contributed.

   (e)   Notwithstanding any other provision of this section, an official superior shall not coerce a gift from a subordinate.

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

2-156-144 Disposition of improper gifts.

   An official or employee does not violate this chapter if the official or employee promptly takes reasonable action to return a prohibited gift to its source or gives any tangible or perishable gift to an appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code.

(Added Coun. J. 7-25-12, p. 31123, § 1)