For the purposes of this subchapter, the following terms shall have the meanings ascribed to them:
AGENCY. The City Council, any city department, agency, commission, board, or other body created pursuant to statute or ordinance.
CAMPAIGN FOR ELECTIVE OFFICE. Any activity in furtherance of an effort to influence the selection, nomination, election or appointment of any individual to any federal, state, or local public office or office in a political organization, or the selection, nomination, or election of presidential or vice-presidential electors, but does not include activities:
(1) Relating to the support or opposition of any executive, legislative, or administrative action;
(2) Relating to collective bargaining; or
(3) That are otherwise in furtherance of the person's official duties.
CANDIDATE. A person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in Section 1-3 of the Election Code (ILCS Ch. 10, Act 5, § 1-3).
CITY. The City of Lockport.
COLLECTIVE BARGAINING. Has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (ILCS Ch. 5, Act 315, § 3).
COMPENSATED TIME. With respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this division, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, COMPENSATED TIME includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.
COMPENSATORY TIME OFF. Authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.
COMPENSATION. Any money, thing of value or other pecuniary benefit received or to be received in return for, or a reimbursement for, services rendered or to be rendered.
CONFIDENTIAL OR PRIVILEGED INFORMATION. Public records and information exempt from inspection and copying under any provision of the Freedom of Information Act, (ILCS Ch. 5, Act 140, §§ 1 et seq.) or any other applicable law or ordinance, and any matter or information properly the subject of a closed meeting or session pursuant to the Open Meetings Act, (ILCS Ch. 5, Act 120, §§ 1 et seq.)
CONTRIBUTION. Has the same meaning as that term is defined in Section 9-1.4 of the Election Code (ILCS Ch. 10, Act 5, § 9-1.4).
EMPLOY. To hire, appoint, promote, advance, transfer, or in any other manner establish or alter the employment status of any person.
EMPLOYEE. A person employed by the city on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of the City Administrator or some other officer of the city with regard to the material details of how the work is to be performed, but does not include an independent contractor.
EMPLOYER. The City of Lockport.
FAMILY. A person defined as a RELATIVE in this section.
FINANCIAL INTEREST. Any material, direct or indirect benefit accruing to a public official or employee or such person's family members, whether in the public official's or employee's own name or the name of any person, firm, corporation, association, or trust from which the official or employee is entitled to receive any financial benefit, as a result of a contract or transaction which is or which is known will become the subject of an official act or action by or with the city, except for such contracts or transactions which by the terms and by the substance of their provisions confer the opportunity and right to realize the accrual of similar benefits to all other citizens of the city and except that benefits accruing to any business entity which has its stock publicly traded and in which a public official's or employee's only interest is an ownership of less than 0.5% in such publicly traded stock shall not be deemed to be benefits accruing to such public official or employee. Notwithstanding anything to the contrary, any interest permitted or prohibited under Section 3.1-55-10 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 3.1-55-10) or the Public Officer Prohibited Activities Act (ILCS Ch. 50, Act 105, §§ 0.01 et seq.) as they may be amended from time to time, shall be permitted or prohibited under the same circumstances and conditions as therein set forth.
GIFT. Any gratuity, discount, entertainment, hospitality, loan, forbearance or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.
LEAVE OF ABSENCE. Any period during which an employee does not receive:
(1) Compensation for employment;
(2) Service credit towards pension benefits; and
(3) Health insurance benefits paid for by the employer.
OFFICER. A person who holds, by election or appointment, an office of the city created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity. The terms OFFICER and PUBLIC OFFICIAL are interchangeable.
PERSON. Any individual, entity, corporation, proprietorship, partnership, limited liability company, firm, association, trade union, trust, estate or group, as well as any parent or subsidiary of any of the foregoing entities, whether or not operated for profit.
POLITICAL ACTIVITY. Any activity in support of, against, or in connection with any campaign for elective office or any political organization, but does not include activities:
(1) Relating to the support or opposition of any executive, legislative, or administrative action;
(2) Relating to collective bargaining; or
(3) That are otherwise in furtherance of the person's official duties.
POLITICAL ORGANIZATION. A party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the state Board of Elections or a county clerk under Section 9-3 of the Election Code (ILCS Ch. 10, Act 5, § 9-3), but only with regard to those activities that require filing with the state Board of Elections or a county clerk.
POLITICAL COMMITTEE. As used herein shall be defined as provided in Article 9 of the Election Code (ILCS Ch. 10, Act 5, §§ 1-1 et seq.).
PROHIBITED POLITICAL ACTIVITY:
(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 the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, 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, or against 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, or against a candidate for elective office or for or against any referendum question.
(9) Making contributions on behalf of, or against 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.
(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 or against any elective office or for or against any referendum question.
(13) Managing or working on, or against 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.
PROHIBITED SOURCE. Any person or entity who:
(1) Is seeking official action by an officer or by an employee, or by the officer or another employee directing that employee;
(2) Does business or seeks to do business with the officer or with an employee, or with the officer or another employee directing that employee;
(3) Conducts activities regulated by the officer or by an employee, or by the officer or another employee directing that employee; or
(4) Has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee.
PUBLIC OFFICIAL. Any person holding an office of the city by election or appointment, whether paid or unpaid, including, but not limited to, the Mayor and City Council, and members of any agency, board, committee, or commission thereof; provided, however, that independent contractors shall not be considered public officials. Acts of any family member of a public official, when done with the knowledge and consent of the public official, shall be deemed to be acts of such official for purposes of applying the prohibitions and restrictions of this division. The terms OFFICER and PUBLIC OFFICIAL are interchangeable.
RELATIVE (FAMILY MEMBER). Any person who is related to an official or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepbrother, stepsister, half-brother, or half-sister.
(Ord. 16-033, passed 3-18-17)