As used in this chapter, the following terms
shall have the meanings indicated:
CAMPAIGN FOR ELECTIVE OFFICE
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:
A.
Relating to the support or opposition of any executive, legislative,
or administrative action;
B.
Relating to collective bargaining; or
C.
That are otherwise in furtherance of the person's official duties.
CANDIDATE
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).
COMMISSION
An Ethics Commission created by the County Board of McLean
County, Illinois.
COMPENSATED TIME
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
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).
ELECTED OFFICER or ELECTED OFFICIAL
A person elected or appointed to an elective County office,
regardless of whether the officer is compensated for service in his
or her official capacity, but does not include the Circuit Court Judges,
the nonjudicial officers of the Circuit Court, the Circuit Clerk or
State's Attorney.
EMPLOYEE
A person employed by the employer, whether on a full-time
or part-time basis or occasional/seasonal 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
McLean County, Illinois, as well as its elected and appointed
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 attributed to government employment
or the official position of an officer or employee.
LEAVE OF ABSENCE
Any period during which an employee does not receive:
A.
Compensation for employment;
B.
Service credit towards pension benefits; and
C.
Health insurance benefits paid for by the employer.
POLITICAL
Any activity in support of or in connection with any campaign
for elective office or any political organization, but does not include
activities:
A.
Relating to the support or opposition of any executive, legislative,
or administrative action;
B.
Relating to collective bargaining; or
C.
That are otherwise in furtherance of the person's official duties.
POLITICAL ORGANIZATION
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
A.
Preparing for, organizing, or participating
in any political meeting, political rally, political demonstration,
or other political event.
B.
Soliciting contributions, including but not
limited to the purchase of, selling, distributing, or receiving payment
for tickets for any political fund-raiser, political meeting, or other
political event.
C.
Soliciting, planning the solicitation of, or
preparing any document or report regarding anything of value intended
as a campaign contribution.
D.
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/against any referendum question.
E.
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/against any
referendum question.
F.
Assisting at the polls on Election Day on behalf
of any political organization or candidate for elective office or
for/against any referendum question.
G.
Soliciting votes on behalf of a candidate for
elective office or a political organization or for/against any referendum
question or helping in an effort to get voters to the polls.
H.
Initiating for circulation, preparing, circulating,
reviewing, or filing any petition on behalf of a candidate for elective
office or for/against any referendum question.
I.
Making contributions on behalf of any candidate
for elective office in that capacity or in connection with a campaign
for elective office.
J.
Preparing or reviewing responses to candidate
questionnaires in connection with a campaign for elective office or
on behalf of a political organization for political purposes.
K.
Distributing, preparing for distribution, or
mailing campaign literature, campaign signs, or other campaign material
on behalf of any candidate for elective office or for/against any
referendum question.
L.
Campaigning for any elective office or for/against
any referendum question.
M.
Managing or working on a campaign for elective
office or for/against any referendum question.
N.
Serving as a delegate, alternate, or proxy to
a political party convention.
O.
Participating in any recount or challenge to
the outcome of any election.
PROHIBITED SOURCE
Any person or entity who:
A.
Is seeking official action by an officer or
by an employee, or by the officer or another employee directing that
employee;
B.
Does business or seeks to do business with the
officer or with an employee, or with the officer or another employee
directing that employee;
C.
Conducts activities regulated by the officer
or by an employee, or by the officer or another employee directing
that employee; or
D.
Has interests that may be substantially affected
by the performance or nonperformance of the official duties of the
officer or employee.
SUBSIDIARY BODY
Any board, commission, or committee created or authorized
by statute or ordinance of the County.
For purposes of this chapter, the following
are prohibited political activities:
A. No officer or employee shall intentionally perform
any prohibited political activity during any compensated time, as
defined herein. No officer or employee shall intentionally use any
property or resources of McLean County in connection with any prohibited
political activity.
B. At no time shall any officer or employee intentionally
require any other officer or employee to perform any prohibited political
activity:
(1) As part
of that officer or employee's duties;
(2) As a
condition of employment; or
(3) During
any compensated time off (such as holidays, vacations or personal
time off).
C. No officer or employee shall be required at any time
to participate in any prohibited political activity in consideration
for that officer or employee being awarded additional compensation
or any benefit, whether in the form of a salary adjustment, bonus,
compensatory time off, continued employment or otherwise, nor shall
any officer or employee be awarded additional compensation or any
benefit in consideration for his or her participation in any prohibited
political activity.
D. Nothing in this section prohibits activities that
are permissible for an officer or employee to engage in as part of
his or her official duties, or activities that are undertaken by an
officer or employee on a voluntary basis which are not prohibited
by this chapter.
E. No person either in a position that is subject to
recognized merit principles of public employment or in a position
the salary for which is paid in whole or in part by federal funds
and that is subject to the Federal Standards for a Merit System of
Personnel Administration applicable to grant-in-aid programs shall
be denied or deprived of employment or tenure solely because he or
she is a member or an officer of a political committee, of a political
party, or of a political organization or club.