(A) Gifts prohibited. Except as otherwise provided in subsection (B) below, no officer or employee, spouse of an officer or employee, or immediate family member living with an officer or employee, shall intentionally solicit or accept any gift from any prohibited source or in violation of any federal or state statute, rule or regulation. No prohibited source shall intentionally offer or make a gift that violates this subchapter.
(B) Exceptions. The restrictions set forth in subsection (A) above shall not apply to the following, which are mutually exclusive and independent:
(1) Opportunities, benefits and services that are available on the same conditions as for the general public;
(2) Anything for which the officer or employee pays the market value or anything not used and promptly disposed of as provided in subsection (C) below;
(3) A contribution, as defined in Article 9 of the State Election Code, 10 ILCS 5/9-1 et seq., that is lawfully made under that Code or under the State Officials and Employees Ethics Act, or 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 of an officer or employee;
(7) Anything provided by an individual on the basis of a personal friendship unless the officer or employee has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the officer or employee and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the officer or employee 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 officer or employee 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 officer or employee the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees.
(8) Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are:
(a) Consumed on the premises from which they were purchased or prepared; or
(b) Purchased ready to eat and delivered by any means.
(9) Food, refreshments, lodging, transportation and other benefits resulting from the outside business or employment activities (or outside activities that are not connected to the duties of the officer or employee as an office holder or employee) of the officer or employee, or the spouse of the officer or employee, if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee and are customarily provided to others in similar circumstances;
(10) Intra-office and inter-office gifts;
(11) Bequests, inheritances and other transfers at death; and
(12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.
(C) Disposition of gifts. An officer or employee that is a recipient of a gift that is given in violation of this subchapter may, at his or her discretion, return the item to the donor or give the item 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. 921, passed 5-10-2004)