(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 promptly 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.
(13) Any tangible or perishable gifts solicited and accepted in connection to a traditional or customary charitable drive for distribution to the general public or to the charitable organization identified in such solicitation. This provision does not authorize the acceptance of any gift of cash, gift card, or cash equivalent prohibited in subsection (a).
(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, tips or gratuities, 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: (i) 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 their non-City employment, occupation or profession; or (ii) any member of the sworn force of the Department of Police from being employed in the private security field, provided that such member has received any required approval from the Superintendent of Police therefor and complied with all rules promulgated by the Superintendent of Police relating to such employment.
(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) (1) 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.
(2) The restriction of this subsection (h) shall not apply to: (A) solicitations on behalf of a charitable organization in accordance with subsection (d)(13) of this section; or (B) a City official or employee who solicits donations made directly to a not-for-profit or charitable organization, provided that: (i) there is no resulting direct pecuniary benefit to the City official or employee; (ii) the solicitation is not targeted towards specific potential donors; and (iii) the City official or employee does not accept any such gifts on behalf of third parties.
(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; Amend Coun. J. 7-20-22, p. 50671, § 1)