(a) No person shall offer or give to any of the following persons a gift, a loan, a contribution, travel, a reward or a promise of future employment based on an agreement that the vote or official action or decision of an officer, employee or candidate would be influenced thereby:
(1) An officer, an employee or a candidate;
(2) A member of the immediate family of an individual referred to in paragraph (a)(1) hereof; or
(3) A business with which an individual referred to in paragraph (a)(1) or (2) hereof is associated.
This section does not include tickets to entertainment, sporting or theatrical events and the like that may be obtained incidental to or in the course of employment, which tickets are of no significant value.
(b) No person referred to in subsection (a) hereof shall accept a gift, loan, contribution, reward or promise of future employment based on an agreement that the vote or official action or decision of an officer, employee or candidate would be influenced thereby.
(c) As used in subsections (a) and (b) hereof, the words "based on an agreement that the vote or official action or decision of an officer, employee or candidate would be influenced thereby" do not include communication between an individual or organization and a candidate regarding the candidate's views, record or plans for future action relative to an issue or measure in an attempt to determine a candidate's viewpoints or how the candidate plans to act in the future, if such communication results in an endorsement of the candidate, a decision not to endorse the candidate, or a contribution or expenditure required to be recorded or reported under Public Act 388 of 1976, as amended.
(d) No officer or employee shall represent his or her personal opinion as that of the governmental body of which he or she is a member or employee. This subsection shall not apply to statements by elected officials made in the course of fulfilling the responsibilities of their office or in running for election to office, nor shall it apply to the professional opinions of City officers or employees rendered in the course of performing their duties, provided that such opinions are clearly identified as professional opinions.
(e) No officer or employee shall divulge to any unauthorized person confidential information acquired in the course of holding his or her position in advance of the time prescribed by the governmental body of which he or she is a member or employee for its authorized release to the public, except as otherwise required by law.
(f) No officer or employee shall make unauthorized use of his or her public position, or any confidential information received through holding such public position, to obtain financial gain for himself or herself, a member of his or her immediate family or a business with which such individual is associated. This provision shall not prevent the officer or employee from accepting his or her regular compensation as a public officer or employee.
(g) No officer or employee shall make unauthorized use of personnel, resources, property or funds under his or her official care and control to obtain financial gain for himself or herself, a member of his or her immediate family or a business with which he or she is associated.
(h) No officer or employee shall act as an attorney, agent or representative of a person other than himself or herself, before the governmental body of which such officer or employee is a member or employee. This provision shall not prevent an officer or employee from performing his or her responsibilities as an officer or employee, nor prevent such action as described herein where it is otherwise authorized by law.
(i) No officer or employee shall act on behalf of the City in the making of policy statements, in authorizing any action, agreement or contract, or in promising to prevent any future action, when such officer or employee has, in fact, no authority to do so.
(Res. 93-764. Passed 11-1-93.)