(a) No officer or employee shall directly or indirectly solicit any gift, or, other than as set forth herein, accept any gift in which it could reasonably be inferred that the gift unduly influenced, or could reasonably be expected to unduly influence the officer or employee, in the performance of official duties, or was a reward for any official action of the officer or employee.
(b) Exceptions:
(1) Legitimate political contributions are not gifts under the provisions of this subchapter.
(2) It is not a conflict of interest for any officer or employee to receive a gift that is an unsolicited item of nominal intrinsic value.
(3) It is not a conflict of interest for any officer or employee to receive a gift from the city or other officer or employees including, but not limited to, awards for service anniversaries and gifts based on personal friendships.
(4) Anything paid for or reimbursed by the city is not a gift.
(5) Any benefit received by an officer or employee pursuant to a grant or competitive application process awarded to the city or to the officer or employee related to the official duties of the officer or employee is not a gift.
(6) Any benefit received by an officer or employee that is directly associated with his/her membership in an outside organization shall not be prohibited by this section if:
A. The benefit was not offered or enhanced because of the official position of the officer or employee; and
B. The benefit is customarily provided to others in similar circumstances.
(7) It is not a conflict of interest for any officer or employee to receive a gift of travel, lodging, registration fees, entrance fees, food and drink, and other incidental expenses directly related and attributable to a widely attended gathering, if the event meets all the following conditions:
A. The event is related to the official duties of an officer or employee or the city's legislative or policy interests. An event presumptively meets this requirement unless a reasonable person would not find this to be the case.
B. The event organizer is not a prohibited source.
(8) An officer or employee may participate in fundraising in an official capacity if, in accordance with ordinance, Executive Order, or other applicable law or official policy, he/she is authorized to engage in the fundraising activity as part of his/her official duties. When authorized to participate in an official capacity, an officer or employee may use his/her official title, position, and authority. An officer or employee may engage in fundraising in his/her personal capacity provided that he/she does not:
A. Personally solicit funds or other support from a subordinate or from any person known to the officer or employee to be a prohibited source within the meaning of this chapter whose interests may be substantially affected by the performance or nonperformance of his/her official duties and whose contribution could reasonably be expected to unduly influence the officer or employee in the performance of their official duties, or whose contribution could be reasonably deemed as a reward for any official action of the employee or official.
B. Use or permit the use of his/her official title, position or any authority associated with his/her public office to further the fundraising effort.
C. Engage in any action that would otherwise violate this chapter.
(1992 Code, § 12.5-17) (Ord. 24-09, passed 3-16-2009; Ord. 116-23, passed 12-5-2023; Ord. 48-24, passed 5-14-2024) Penalty, see § 35.999