The restriction in § 33.36 of this chapter does not apply to the following:
(A) Any thing for which the member, officer or employee pays the market value or any thing not used and promptly disposed of as provided in § 33.39 of this chapter;
(B) A contribution, as defined in Art. 9 of the Election Code, 10 ILCS 5/9-1 et seq., that is lawfully made under that Act or attendance at a fund-raising event sponsored by a political organization;
(C) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter- in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister and including the father, mother, grandfather or grandmother of the individual’s spouse and the individual’s fiancé or fiancee;
(D) Anything provided by an individual on the basis of a personal friendship unless the member, officer or employee has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the member, officer or employee and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the member, officer or employee shall consider the circumstances under which the gift was offered, such as:
(1) 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;
(2) Whether to the actual knowledge of the member, 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
(3) Whether to the actual knowledge of the member, officer or employee the individual who gave the gift also at the same time gave the same or similar gifts to other members, officers or employees.
(E) A commercially reasonable loan evidenced in writing which repayment due by a date certain made in the ordinary course of the lender’s business;
(F) A contribution or other payments to a legal defense fund established for the benefit of a member, officer or employee that is otherwise lawfully made;
(G) Intra-office and inter-office gifts. For the purpose of this subchapter, INTRA-OFFICE GIFT means:
(1) Any gift given to a member, officer or employee of the village from another member, officer or employee of the village; and
(2) Any gift given to a member, officer or employee of any other governmental entity, from another employee of that governmental entity.
(H) Food, refreshments, lodging, transportation and other benefits:
(1) Resulting from the outside business or employment activities (or outside activities that are not connected to the duties of the member, officer or employee as an office holder or employee) of the member, officer or employee or the spouse of the member, officer or employee, if the benefits have not been offered or enhanced because of the official position or employment of the member, officer or employee and are customarily provided to others in similar circumstances;
(2) Customarily provided by a prospective employer in connection with bona fide employment discussion; or
(3) Provided by a political organization in connection with a fund-raising or campaign event sponsored by that organization.
(I) Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer;
(J) Informational materials that are sent to the office of the member, officer or employee in the form of books, articles, periodicals, other written materials, audio tapes, video tapes or other forms of communication;
(K) Awards or prizes that are given to competitors in contest or events open to the public, including random drawings;
(L) Honorary degrees (and associated travel, food, refreshments and entertainment provided in the presentation of degrees and awards);
(M) Training (including food and refreshments furnished to all attendees as an integral part of the training) provided to a member, officer or employee if the training is in the interest of the governmental entity;
(N) Educational missions, including meetings with governmental officials either foreign or domestic, intended to educate public officials on matters of public policy, to which the member, officer or employee, may be invited to participate along with other federal, state or local public officials and community leaders;
(O) Bequests, inheritances and other transfers at death;
(P) Any thing that is paid for by the federal government, the state or a governmental entity, or secured by the government or governmental entity under a governmental contract;
(Q) A gift of personal hospitality of an individual, other than a registered lobbyist or agent of a foreign principal, including hospitality extended for a non-business purpose by an individual, not a corporation or organization, at the personal residence of that individual or the individual’s family or on property or facilities owned by that individual or the individual’s family;
(R) Free attendance at a widely attended event permitted under § 33.38 of this chapter;
(S) Opportunities and benefits that are:
(1) Available to the public or to a class consisting of all employees, officers or members, whether or not restricted on the basis of geographic consideration;
(2) Offered to members of a group or class in which membership is unrelated to employment or official position;
(3) Offered to members of an organization such as an employee’s association or credit union, in which membership is related to employment or official position and similar opportunities are available to large segments of the public through organizations of similar size;
(4) Offered to any group or class that is not defined in a manner that specifically discriminates among government employees on the basis of branch of government or type of responsibility, or on a basis that favors those of higher rank or rate of pay;
(5) In the form of loans from banks and other financial institutions on terms generally available to the public; or
(6) In the form of reduced membership or other fees for participation in organization activities offered to all government employees by professional organizations, if the only restriction on membership relates to professional qualifications.
(T) A plaque, trophy or other item that is substantially commemorative in nature and that is extended for presentation;
(U) Golf or tennis; food or refreshments of nominal value and catered food or refreshments; meals or beverages consumed on the premises from which they were purchased;
(V) Donations of products from an Illinois company that are intended primarily for promotional purposes such as display or free distribution, and are of nominal value to any individual or recipient; and
(W) An item of nominal value such as a greeting card, a baseball cap or t-shirt.
(2007 Code, § 1-5-3)