A. Except as permitted by this Section, no employee, employee of an officer, an officer, his or her spouse (including any analogous relationship recognized by law), nor his or her household members at the behest of the employee, employee of an officer, or an officer shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. Except as permitted by this Section, no relative of an employee, relative of an employee of an officer, nor relative of an officer shall, at the behest of the employee, employee of an officer, or officer, intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this Section.
B. The following exceptions do not violate the gift ban:
1. Opportunities, benefits, and services available on the same conditions as for the general public.
2. Anything for which the employee, employee of an officer, an officer, or his or her relative pays the fair market value.
3. Any contribution that is lawfully made under the Election Code or activities associated with a fundraising event in support of a political organization or candidate.
4. Educational materials and educational fact finding missions.
5. Travel expenses for a meeting to discuss business.
6. A gift from a relative.
7. Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her relative, and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient 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 recipient, 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 recipient, the individual who gave the gift also at the same time gave the same or similar gifts to other employees, employees of an officer, officers, or their relatives.
8. a. Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are:
(1) consumed on the premises from which they were purchased or prepared or
(2) catered.
b. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means.
9. Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an employee, employee of an officer, or an officer), if the benefits have not been offered or enhanced because of the official position or employment of the employee, employee of an officer, or an officer, and are customarily provided to others in similar circumstances.
10. Intra-governmental and inter- governmental gifts. For the purpose of this Act, "intra-governmental gift" means any gift given to an employee, employee of an officer, or an officer from another employee, employee of an officer, or an officer, and "inter-governmental gift" means any gift given to an employee, employee of an officer, or an officer by an employee, employee of an officer, or an officer of another governmental entity. There is no expectation or requirement that an employee, employee of an officer, or an officer give a gift to any other employee, employee of an officer, or an officer or an employee, employee of an officer, or an officer of another governmental entity.
11. Bequests, inheritances, and other transfers at death.
12. Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.
C. Each of the exceptions listed in this Section is mutually exclusive and independent of every other.
D. An employee, employee of an officer, an officer, or his or her relative does not violate this Ordinance if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to a charity that is exempt from income taxation under § 50l(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded.
(Ord. O-201205-12-027, § 4, passed 5-15-2012; Ord. O-202002-12-013, passed 2-18-2020)