A. Except as otherwise provided in this section, no officer, appointee or employee of the Village, and no spouse of or immediate family member of any officer, appointee or employee (collectively referred to herein as "recipients" ), shall intentionally solicit or accept any gift from any prohibited source, as defined in this Chapter, or in violation of any Village ordinance or other law, rule or regulation.
B. Exceptions. The restriction in subsection A does not apply to any of the following:
1. Opportunities, benefits, and services that are available on the same conditions as for the general public;
2. Anything for which the officer, appointee, employee or other recipient pays the market value;
3. Any (i) contribution that is lawfully made under the Election Code or under this Chapter or (ii) activities associated with a fundraising event in support of a political organization or candidate;
4. Educational materials and missions;
5. Travel expenses for a meeting to discuss Village business;
6. 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 fiancée;
7. Anything provided by an individual on the basis of a personal friendship unless the officer, appointee or employee has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the officer, appointee or employee and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the officer, appointee or employee 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 officer, appointee 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
c. whether to the actual knowledge of the officer, appointee or employee the individual who gave the gift also at the same time gave the same or similar gifts to other officers, appointees or employees.
8. Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments either (i) are consumed on the premises from which they were purchased or prepared, or (ii) are catered. For the purposes of this Chapter, "catered" means food or refreshments that are purchased ready to eat and delivered by any means;
9. Food, refreshments, lodging, transportation, and other benefits resulting from the outside business or employment activities (or outside activities that are not connected to the duties of the officer, appointee or employee as an office holder or employee) of the officer, appointee or employee, or the spouse of the officer, appointee or employee, if the benefits have not been offered or enhanced because of the official position or employment of the officer, appointee or employee, and are customarily provided to others in similar circumstances;
10. Intra-governmental and inter-governmental gifts. For the purpose of this Chapter, "intra-governmental gift" means any gift given to an officer, appointee or employee of the Village from another officer, appointee or employee of the Village; and "inter-governmental gift" means any gift given to an officer, appointee or employee of the Village by an officer or employee 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. Disposition of gifts. An officer, appointee or employee does not violate this Chapter if the officer or employee promptly takes reasonable action to return the prohibited gift to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded.
(MC-7-2009, Amended, 01/05/2010; MC-08-2004, Amended, 05/18/2004)