Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.76 STATE GIFT BAN ACT
2.76.010 Definitions.
For purposes of this chapter, the following terms shall be
given these definitions:
“Campaign for elective office” means any activity
in furtherance of an effort to influence the selection, nomination, election, or
appointment of any individual to any federal, state, or local public office or
office in a political organization, or the selection, nomination, or election of
presidential or vice-presidential electors, but does not include activities (i)
relating to the support or opposition of any executive, legislative, or
administrative action, (ii) relating to collective bargaining, or (iii) that are
otherwise in furtherance of the person’s official duties.
“Candidate” means a person who has filed
nominating papers or petitions for nomination or election to an elected office,
or who has been appointed to fill a vacancy in nomination, and who remains
eligible for placement on the ballot at a regular election, as defined in
Section 1-3 of the Election Code (10 ILCS 5/1-3).
“Collective bargaining” has the same meaning as
that term is defined in Section 3 of the Illinois Public Labor Relations Act (5
ILCS 315/3).
“Compensated time” means, with respect to an
employee, any time worked by or credited to the employee that counts toward any
minimum work time requirement imposed as a condition of his or her employment,
but for purposes of this chapter, does not include any designated holidays,
vacation periods, personal time, compensatory time off or any period when the
employee is on a leave of absence. With respect to officers or employees whose
hours are not fixed, “compensated time” includes any period of time
when the officer is on premises under the control of the employer and any other
time when the officer or employee is executing his or her official duties,
regardless of location.
“Compensatory time off” means authorized time off
earned by or awarded to an employee to compensate in whole or in part for time
worked in excess of the minimum work time required of that employee as a
condition of his or her employment.
“Contribution” has the same meaning as that term
is defined in Section 9-1.4 of the Election Code (10 ILCS 5/9-1.4).
“Employee” means a person employed by the village
of Metamora, Illinois, whether on a fulltime or part-time basis or pursuant to a
contract, whose duties are subject to the direction and control of an employer
with regard to the material details of how the work is to be performed, but does
not include an independent contractor.
“Employer” means the village of Metamora,
Woodford County, Illinois.
“Gift” means 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 officer or employee.
“Leave of absence” means any period during which
an employee does not receive (i)compensation for employment, (ii) service credit
towards pension benefits, and (iii) health insurance benefits paid for by the
employer.
“Officer” means a person who holds, by election
or appointment, an office created by statute or ordinance, regardless of whether
the officer is compensated for service in his or her official
capacity.
“Political activity” means any activity in
support of or in connection with any campaign for elective office or any
political organization, but does not include activities (i) relating to the
support or opposition of any executive, legislative, or administrative action,
(ii) relating to collective bargaining, or (iii) that are otherwise in
furtherance of the person’s official duties.
“Political organization” means a party,
committee, association, fund, or other organization (whether or not
incorporated) that is required to file a statement of organization with the
state board of elections or a county clerk under Section 9-3 of the Election
Code (10 ILCS 5/9-3), but only with regard to those activities that require
filing with the state board of elections or a county clerk.
“Prohibited political activity” means:
1. Preparing for, organizing, or participating in any
political meeting, political rally, political demonstration, or other political
event;
2. Soliciting contributions, including but not limited to the
purchase of, selling, distributing, or receiving payment for tickets for any
political fundraiser, political meeting, or other political event;
3. Soliciting, planning the solicitation of, or preparing any
document or report regarding anything of value intended as a campaign
contribution;
4. Planning, conducting, or participating in a public opinion
poll in connection with a campaign for elective office or on behalf of a
political organization for political purposes or for or against any referendum
question;
5. Surveying or gathering information from potential or
actual voters in an election to determine probable vote outcome in connection
with a campaign for elective office or on behalf of a political organization for
political purposes or for or against any referendum question;
6. Assisting at the polls on election day on behalf of any
political organization or candidate for elective office or for or against any
referendum question;
7. Soliciting votes on behalf of a candidate for elective
office or a political organization or for or against any referendum question or
helping in an effort to get voters to the polls;
8. Initiating for circulation, preparing, circulating,
reviewing, or filing any petition on behalf of a candidate for elective office
or for or against any referendum question;
9. Making contributions on behalf of any candidate for
elective office in that capacity or in connection with a campaign for elective
office;
10. Preparing or reviewing responses to candidate
questionnaires;
11. Distributing, preparing for distribution, or mailing
campaign literature, campaign signs, or other campaign material on behalf of any
candidate for elective office or for or against any referendum
question;
12. Campaigning for any elective office or for or against any
referendum question;
13. Managing or working on a campaign for elective office or
for or against any referendum question;
14. Serving as a delegate, alternate, or proxy to a political
party convention;
15. Participating in any recount or challenge to the outcome
of any election.
“Prohibited source” means any person or entity
who:
1. Is seeking official action (i) by an officer or (ii) by an
employee, or by the officer or another employee directing that
employee;
2. Does business or seeks to do business (i) with the officer
or (ii) with an employee, or with the officer or another employee directing that
employee;
3. Conducts activities regulated (i) by the officer or (ii)
by an employee, or by the officer or another employee directing that employee;
or
4. Has interests that may be substantially affected by the
performance or non-performance of the official duties of the officer or
employee. (Ord. 2004-5 § 2 (part), 2004)