Except as otherwise provided in this section, section 2.44.080 of this chapter does not prohibit accepting:
A. Campaign Contributions: A political campaign contribution covered or regulated by chapter 2.46 of this title.
B. Gifts From Relatives: A bona fide gift from a relative, not given in violation of section 2.44.080 of this chapter, provided it is not given in exchange for, as consideration for, or as a reward for the recipient taking or refraining from taking any official city action, past, present, or future.
C. Grants Of Hospitality; Gestures Of Friendship: An occasional grant of hospitality or gesture of friendship, not given in violation of section 2.44.080 of this chapter, if provided to an individual on the basis of personal friendship, and if it is from a friend who has not, does not and has no immediate plans to do business with the city or be regulated by it, either individually or through a business entity in which the giver or a relative of the giver has more than a ten percent (10%) interest.
D. De Minimis Nonpecuniary Gifts: An occasional nonpecuniary gift having a value of less than fifty dollars ($50.00), or any other amount provided in the municipal officers' and employees' ethics act, title 10, chapter 3, part 13, of the Utah code, or any successor section.
E. De Minimis Remembrances; Items Of Nominal Value: Any occasional noncash remembrance, not given in violation of section 2.44.080 of this chapter, with a value less than one hundred dollars ($100.00), given for use by, or shared by the recipient of the gift with, the entire office or working group of which the recipient is a member; a plaque, trophy, or other item that is substantially commemorative in nature; or an item of nominal value, such as a greeting card, baseball cap, or T-shirt.
F. Travel, Lodging, And Food Expenses Incurred In Connection With Official City Business: Reasonable expenses for food, travel, lodging, or scheduled entertainment of a public servant or volunteer public servant incurred in connection with public events, appearances, ceremonies, or other activities related to official city business, not given in violation of section 2.44.080 of this chapter, if furnished by the sponsor of such public event, appearance, ceremony, or other activity.
G. Death Transfers: Subject to section 2.44.100 of this chapter, bequests, inheritances, and other transfers at death.
H. Legal Defense Fund Contributions: Any contribution may be made to a legal defense fund which is not violative of section 2.44.080 of this chapter.
1. Any elected officer may establish a legal defense fund. Any such legal defense fund shall be a trust, administered and accounted for by an independent trustee of the elected officer's choosing. The elected officer may not solicit or receive contributions for legal defense fund purposes until such a trust has been created. The elected officer shall be solely responsible for raising funds for and directing the trustee to make expenditures from such fund, consistent with the provisions of this chapter.
2. In no event shall any elected officer simultaneously maintain more than one legal defense fund. Annually, the elected officer shall file a disclosure with the city recorder which provides an accounting and identities of contributors consistent with title 52, chapter 5, part 2 of the Utah code.
3. The trustee shall not accept more than seven thousand five hundred dollars ($7,500.00) for the mayor or one thousand five hundred dollars ($1,500.00) for any city council member in contributions to a legal defense fund from any one individual or organization. No person shall make a contribution to a legal defense fund in the name of another person or make a contribution with another person's funds in his or her own name, and no elected officer shall knowingly accept any such contribution.
4. During such time as any monies remain in a legal defense fund, the beneficiary of such fund shall comply with the reporting requirements of title 52, chapter 5 of the Utah code, or any successor sections.
5. Within ninety (90) days after determining that there are no related legal proceedings threatened or pending against him or her for which such funds would be eligible for use, the beneficiary thereof shall notify the trustee, in writing, of such determination. Such determination and notification may occur before or after the beneficiary leaves elective office with the city. Within ninety (90) days after receipt of such notification, the trustee shall, as directed by the beneficiary in such notification, or, if the beneficiary does not so direct, in the trustee's sole discretion, either: a) return such monies to the donors thereof on a pro rata basis; b) transfer such monies to the general fund of the city; or c) donate such monies to a tax exempt charity.
6. In no event shall monies in a legal defense fund be transferred to a campaign finance fund of any person.
7. On or before the next January 5 after the distribution of monies described in subsection H5 of this section, the elected officer shall file the report required by section 52-5-201 of the Utah code, or any successor section, and shall file a copy of such report with the city recorder.
I. Leadership Expense Fund Contributions: Any contribution may be made to a leadership expense fund which is not violative of section 2.44.080 of this chapter.
1. Any elected officer may establish a leadership expense fund. Any such leadership expense fund shall be a trust, administered and accounted for by an independent trustee of the elected officer's choosing. The elected officer may not solicit or receive contributions for leadership expense fund purposes until such a trust has been created. The elected officer shall be solely responsible for raising funds for and directing the trustee to make expenditures from such fund, consistent with the provisions of this chapter.
2. In no event shall any elected officer simultaneously maintain more than one leadership expense fund. If any monies are in a leadership expense fund, the beneficiary of such fund shall comply with the reporting requirements of title 52, chapter 5 of the Utah code, or any successor sections. Annually, the elected officer shall file a disclosure with the city recorder which provides an accounting and identities of contributors consistent with title 52, chapter 5, part 2 of Utah code.
3. The trustee shall not accept more than seven thousand five hundred dollars ($7,500.00) for the mayor or one thousand five hundred dollars ($1,500.00) for any city council member in contributions to a legal defense fund from any one individual or organization. No person shall make a contribution to a legal defense fund in the name of another person or make a contribution with another person's funds in his or her own name, and no elected officer shall knowingly accept any such contribution.
4. During such time as any monies remain in a legal defense fund, the beneficiary of such fund shall comply with the reporting requirements of title 52, chapter 5 of the Utah code, or any successor sections.
5. Within ninety (90) days after the beneficiary of a leadership expense fund leaves elective office with the city, the trustee shall distribute any monies remaining in such fund by either: a) returning such monies to the donors thereof on a pro rata basis; b) transferring such monies to the general fund of the city; or c) donating such monies to a tax exempt charity. The beneficiary of such a fund may, by providing written notice to the trustee within ninety (90) days after leaving elective office with the city, direct the trustee as to which of such distribution methods to use. In the event that the beneficiary does not so direct the trustee, the trustee shall, in its sole discretion, select the method of and make such distribution.
6. In no event shall monies in a leadership expense fund be transferred to a campaign finance fund of any person.
7. On or before the next January 5 after the distribution of monies described in subsection I5 of this section, the elected officer shall file the report required by section 52-5-201 of the Utah code, or any successor section, and shall file a copy of such report with the city recorder.
J. Determinations Of Nonapplicability: Any gift is subject to determination of nonapplicability which is made pursuant to subsection 2.44.180B of this chapter. (Ord. 11-11, 2011)