CHAPTER 36

GIFT BAN

§ 36.01  DEFINITIONS

EMPLOYEE.  All full-time, part-time, and contractual employees, and appointed and elected officials of the City of Washington or any entity of the City of Washington. However, the terms shall not include all non-salaried appointed or elected officials.

GIFT.  Any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an Employee.

ENTITY.  Each office, board, commission, agency, department, authority, or council of the City of Washington.

POLITICAL ORGANIZATION.  A party, committee, association, fund, or other organization (whether or not incorporated) organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for the function of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office in a political organization, or the election of Presidential or Vice-Presidential electors, whether or not the individual or electors are selected, nominated, elected, or appointed. The term includes the making of an expenditure relating to an office described in the preceding sentence that, if incurred by the individual, would be allowable as a federal income tax deduction for trade or business expense.

PROHIBITED SOURCE.  Any person or entity who:

1. Is seeking official action by an Employee or other Employee directing the Employee.

2. Does business or seeks to do business with the Employee or other Employee directing the Employee.

3. Conducts activities regulated by the Employee or other Employee directing the Employee.

4. Has interests that may be substantially affected by the performance or non-performance of the official duties of the Employee; or

5. Is registered or required to be registered with the Secretary of State under the Lobbyist Registration Act.

§ 36.02  GIFT BAN

1. Except as otherwise provided in this Chapter, no Employees shall solicit or accept any Gift from any Prohibited Source or in violation of any federal or State statute, rule or regulation. All non-salaried appointed or elected officials are exempted from the provisions of this Ordinance.

2. This ban applies to and includes spouses of and immediate family living with the Employee.

3. No Prohibited Source shall offer or make a gift in violation of this Chapter.

§ 36.03  EXCEPTIONS

The prohibition in §36.02 does not apply to the following:

1. Anything for which the Employee pays the market value or anything not used and promptly disposed of as provided in §36.05.

2. A contribution, as defined in Article 9 of the Election Code that is lawfully made under that Act or attendance at a fundraising event sponsored by a political organization.

3. A gift from a relative, meaning those people related to the Employee 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.

4. Anything provided by an individual on the basis of a personal friendship unless the Employee has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the Employee, and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the Employee shall consider the circumstances under which the gift was offered, including the following:

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 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 Employee, the individual who gave the Gift also at the same time gave the same or similar Gifts to other Employees of the City, or other public officials.

5. A commercially reasonable loan evidenced in writing with repayment due by a date certain made in the ordinary course of the lender’s business.

6. A contribution or other payments to a legal defense fund established for the benefit of the Employee that is otherwise lawfully made.

7. Intra-office and inter-office Gifts. For purposes of this exception, “intra-office” Gifts means any Gift given by an Employee of the City to any other Employee of the City. For purposes of this exception, “inter-office” Gifts means any Gift given to or by an Employee of the City to or from a full-time, part-time, and contractual employees, and appointed or elected official of any entity of local, federal or State government.

8. 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 Employee with regard to the City) of the Employee, if the benefits have not been offered or enhanced because of the official position with the City of the Employee, and are customarily provided to others in similar circumstances;

2. customarily provided by a prospective employer and actually provided in connection with bona fide employment discussions; or

3. provided by a political organization in connection with a fundraising or campaign event sponsored by that organization.

9. Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer.

10. Informational materials that are sent to the office of the Employee in the form of books, articles, periodicals, other written materials, audiotapes, videotapes, or other forms of communication.

11. Awards or prizes that are given to competitors in contests or events open to the public, including random drawings.

12. Honorary degrees (and associated travel, food, refreshments, and entertainment provided in the presentation of degrees and awards).

13. Training (including food and refreshments furnished to all attendees as an integral part of the training) provided to an Employee if the training is in the interest of the City.

14. Educational missions, including meetings with government officials either foreign or domestic, intended to educate on matters of public policy, to which the Employee may be invited to participate along with other federal, state or local public officials and community leaders.

15. Bequests, inheritances, and other transfers at death.

16. Anything that is paid for by the federal government, the State, or a governmental entity under a government contract.

17. 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.

18. Free attendance at a widely attended event permitted under §36.04.

19. Opportunities and benefits that are:

1. available to the public or to a class consisting of all full-time, part-time, and contractual employees, and appointed and elected officials 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 the 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 of the only restrictions on membership related to professional qualifications.

20. A plaque, trophy, or other item that is substantially commemorative in nature and that is extended for presentation.

21. Golf or tennis; food or refreshments of nominal value and catered food or refreshments; and meals or beverages consumed on the premises from which they were purchased.

22. Donations of products from an Illinois company that are intended primarily for promotional purposes, such as display or free distribution, and are of minimal value to any individual recipient.

23. An item of nominal value such as  a greeting card, baseball cap, or t-shirt.

§ 36.04  ATTENDANCE AT EVENTS

1. An Employee may accept an offer of free attendance at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event, provided by the sponsor of the event, if:

1. the Employee participates in the event as a speaker or panel participant, by presenting information related to government, or by performing a ceremonial function appropriate to the Employee’s official position or employment; or

2. attendance at the event is appropriate to the performance of civic affairs in Illinois or the official duties or representative function of the Employee.

2. An Employee who attends an event described in subsection (A) may accept a sponsor’s unsolicited offer of free attendance at the event for an accompanying individual.

3. An Employee, or the spouse or dependent thereof, may accept a sponsor’s unsolicited offer of free attendance at a charity event, except that reimbursement for transportation and lodging may not be accepted in connection with such event.

4. For purposes of this Section, the term “free attendance” may include waiver of all or part of a conference or other fee, the provision of transportation, or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. The term does not include entertainment collateral to the event, nor does it include food or refreshments taken other than in a group setting with all or substantially all other attendees, except as authorized under subsection (U) of §36.03.

§ 36.05  DISPOSITION OF GIFTS

The recipient of a gift that is given in violation of this Chapter may, at his or her discretion, return the item to the donor or give the item or an amount equal to its value to an appropriate charity.

§ 36.06  REIMBURSEMENT

1. A reimbursement (including payment in kind) to an Employee from a private source other than a registered lobbyist or agent of a foreign principal for necessary transportation, lodging, and related expenses for travel to a meeting, speaking engagement, fact finding trip, or similar event in connection with the duties of the Employees as an office holder or employee shall be deemed to be a reimbursement to the governmental entity and not a gift prohibited by this Chapter, if the Employee:

1. receives advance authorization from the City Administrator to accept reimbursement; and

2. discloses the expenses reimbursed or to be reimbursed to the City Administrator within thirty (30) days after the travel is completed.

2. For purposes of subsection (A), events, the activities of which are substantially recreational in nature, shall not be considered to be in connection with the duties of the Employee, and therefore not subject to the exclusion from the definition of gift provided in this Section.

3. In order to obtain advance authorization from the City Administrator to accept reimbursement, the Employee must disclose to the City Administrator the name of the employee seeking reimbursement authorization; the name of the person who will make the reimbursement payment to the Employee; the time, place and purpose of the travel; and a sufficient explanation of the connection between the travel and the duties of the Employee to allow the City Administrator to make a determination that the travel is in connection with the duties of the Employee and would not create the appearance that the employee is using public employment for private gain. In addition, such disclosure shall include at least the following information:

1. a good faith estimate of total transportation expenses reimbursed or to be reimbursed;

2. a good faith estimate of total lodging expenses reimbursed or to be reimbursed;

3. a good faith estimate of total meal expenses reimbursed or to be reimbursed;

4. a good faith estimate of the total of other expenses reimbursed or to be reimbursed; and

5. a full description as to why all expenses are necessary transportation, lodging and related expenses.

The disclosure must be in writing and signed by the Employee seeking reimbursement.

4. The City Administrator shall sign a document entitled “Advance Authorization for Reimbursement of Travel Expenses” which sets forth the City Administrator’s determinations based upon the information provided by the Employee under Subsection (C) if the City Administrator approves the request for reimbursement.

§ 36.07  ETHICS OFFICER

1. The City of Washington hereby appoints the City Administrator as the Ethics Officer under this Chapter.

2. The Ethics Officer shall:

1. review statements of economic interest and disclosure forms of Employees, and contract monitors before they are filed with the Secretary of State; and

2. provide guidance to Employees in the interpretation and implementation of this Chapter.

§ 36.08  COMPLAINTS

1. Complaints alleging violations of this Chapter shall be filed with the legislative ethics commission created under State law. Any complaint received by or incidentally reported to the City alleging a violation of this Chapter or the State Gift Ban Act shall be forwarded by the Ethics Officer to the legislative ethics commission. A complaint alleging a violation of this Ordinance must be filed within one year after the alleged violation.

2. It shall be unlawful for any person to knowingly file a frivolous complaint alleging a violation of this Ordinance.

§ 36.99  PENALTY

1. Any Employee who violates any provision of this Chapter or the State Gift Ban Act may be subject to such disciplinary action as the City Council deems appropriate, in addition to any recommendation by the legislative ethics commission, including, but not limited to a reprimand, an order to cease and desist the offensive action, an order to return or refund money or other items or provide restitution for services received in violation of this Chapter, dismissal from office or employment, or an order to donate to charity an amount equal to the value of the gift.

2. Any person who violates subsection (B) of Section 36.08 shall be subject to a fine of not less than nor more than $5,000.

3. In addition to any action taken pursuant to paragraph (A) herein, an employee who knowingly violates this Chapter shall be subject to a fine of not less than $100 and not more than $5,000.

(Ord. 2189, passed 6-21-99)