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For purposes of this ordinance, the following words and terms shall be given the meaning as defined in this section of this ordinance.
A. “Campaign for elective office” means 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 “campaign for elective office” does not include activities relating to the support or opposition of any executive, legislative, or administrative action, relating to collective bargaining, or that are otherwise in furtherance of the person’s official duties.
B. “Candidate” means 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 § 1-3 of the Election Code (10 Ill. Comp. Stat. 5/1-3).
C. “Collective bargaining” has the same meaning as that term is defined in § 3 of the Illinois Public Labor Relations Act (5 Ill. Comp. Stat. 315/3).
D. “Commission” means an Ethics Commission created by this ordinance.
E. “Compensated time” means, 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 Ordinance, 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.
F. “Compensatory time off” means 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.
G. “Employee” means a person employed by the County of McHenry, but does not include an independent contractor. This does not include the staffs of the State’s Attorney or the Circuit Clerk, as these staffs are employed by a State officer.
H. “Employer” means the County of McHenry.
I. “Gift” means 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 a government employment or the official position of an officer or employee.
J. “Leave of absence” means 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.
K. “Officer” means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity. The State’s Attorney and the Circuit Clerk are not subject to this Ordinance as they are State, not County, officers. The Associate and Circuit Judges of the 22nd Judicial Circuit are not subject to this Ordinance as they are exclusively regulated by the Illinois Supreme Court.
L. “Political activity” means any activity in support of 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.
M. “Political organization” means 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 § 9-3 of the Election Code (10 Ill. Comp. Stat. 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk.
N. “Prohibited political activity” means:
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 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 a candidate for elective office or for or against any referendum question.
9. Making contributions on behalf of 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 in connection with a campaign for elective office or on behalf of a political organization for political purposes.
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 any elective office or for or against any referendum question.
13. Managing or working on 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.
O. “Prohibited source” means any person or entity who:
1. is seeking official action:
a. by an officer or
b. by an employee, or by the officer or another employee directing that employee;
2. does business or seeks to do business:
a. with the officer or
b. with an employee, or with the officer or another employee directing that employee;
3. conducts activities regulated:
a. by the officer or
b. 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.
(Ord. O-201205-12-027, § 2, passed 5-15-2012)