[HISTORY: Adopted by the County Board of Stephenson County 6-9-2004 by Ord. No.
04-35-238 (Ch. 13.5 of the 1977 Code). Amendments
noted where applicable.]
For purposes of this chapter, the following terms shall be given
these definitions:
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 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).
Has the same meaning as that term is defined in Section 3
of the Illinois Public Labor Relations Act (5 ILCS 315/3).
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.
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.
Has the same meaning as that term is defined in Section 9-1.4
of the Election Code (10 ILCS 5/9-1.4).
A person employed by the County of Stephenson, whether on
a full-time 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.
The County of Stephenson.
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.
Any period during which an employee does not receive;
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.
Any activity in support of or in connection with any campaign
for elective office or any political organization, but does not include
activities:
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 5/03), but only with
regard to those activities that require filing with the State Board
of Elections or a County Clerk.
Preparing for, organizing, or participating in any political
meeting, political rally, political demonstration, or other political
event.
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.
Soliciting, planning the solicitation of, or preparing any document
or report regarding anything of value intended as a campaign contribution.
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.
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.
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.
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.
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.
Making contributions on behalf of any candidate for elective
office in that capacity or in connection with a campaign for elective
office.
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.[1]
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.
Campaigning for any elective office or for or against any referendum
question.
Managing or working on a campaign for elective office or for
or against any referendum question.
Serving as a delegate, alternate, or proxy to a political party
convention.
Participating in any recount or challenge to the outcome of
any election.
Any person or entity who or which:
Is seeking official action by an officer or by an employee or
by the officer or another employee directing that employee;
Does business or seeks to do business with the officer or with
an employee or with the officer or another employee directing that
employee;
Conducts activities regulated by the officer or by an employee
or by the officer or another employee directing that employee; or
Has interests that may be substantially affected by the performance
or nonperformance of the official duties of the officer or employee.
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 the 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:
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.
A.
Gift ban. Except as permitted by this section, no officer or employee,
and no spouse of or immediate family member living with any officer
or employee (collectively referred to herein as "recipients"), shall
intentionally solicit or accept any gift from any prohibited source,
as defined herein, or which is otherwise prohibited by law or ordinance.
No prohibited source shall intentionally offer or make a gift that
violates this section.
B.
Exceptions.
(1)
Subsection A above is not applicable to the following:
(a)
Opportunities, benefits, and services that are available on
the same conditions as for the general public.
(b)
Anything for which the officer or employee, or his or her spouse
or immediate family member, pays the fair market value.
(d)
Educational materials and missions.
(e)
Travel expenses for a meeting to discuss business.
(f)
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
fiance or fiancee.
(g)
Anything provided by an individual on the basis of a personal
friendship unless the recipient has reason to believe that, under
the circumstances, the gift was provided because of the official position
or employment of the recipient or his or her spouse or immediate family
member and not because of the personal friendship. In determining
whether a gift is provided on the basis of personal friendship, the
recipient shall consider the circumstances under which the gift was
offered, such as:
[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 recipient, 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 recipient, the individual
who gave the gift also at the same time gave the same or similar gifts
to other officers or employees, or their spouses or immediate family
members.
(h)
Food or refreshments not exceeding $75 per person in value on
a single calendar day; provided that the food or refreshments are
consumed on the premises from which they were purchased or prepared
or catered. For the purposes of this section, "catered" means food
or refreshments that are purchased ready to consume which are delivered
by any means.
(i)
Food, refreshments, lodging, transportation, and other benefits
resulting from outside business or employment activities (or outside
activities that are not connected to the official duties of an officer
or employee), if the benefits have not been offered or enhanced because
of the official position or employment of the officer or employee,
and are customarily provided to others in similar circumstances.
(j)
Intragovernmental and intergovernmental gifts. For the purpose
of this act, "intragovernmental gift" means any gift given to an officer
or employee from another officer or employee, and "intergovernmental
gift" means any gift given to an officer or employee by an officer
or employee of another governmental entity.
(k)
Bequests, inheritances, and other transfers at death.
(l)
Any item or items from any one prohibited source during any
calendar year having a cumulative total value of less than $100.
(2)
Each of the exceptions listed in this subsection is mutually exclusive
and independent of every other.
C.
Disposition of gifts. An officer or employee, his or her spouse or
an immediate family member living with the officer or employee does
not violate this chapter if the recipient promptly takes reasonable
action to return a gift from a prohibited source 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.
A.
A person who intentionally violates any provision of § 62-2 may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.
B.
A person who intentionally violates any provision of § 62-3 is subject to a fine in an amount of not less than $1,001 and not more than $5,000.
C.
Any person who intentionally makes a false report alleging a violation
of any provision of this chapter to the local enforcement authorities,
the State's Attorney or any other law enforcement official may
be punished by a term of incarceration in a penal institution other
than a penitentiary for a period of not more than 364 days, and may
be fined in an amount not to exceed $2,500.
D.
A violation of § 62-2 shall be prosecuted as a criminal offense by an attorney designated by the County Board, with the consent of the County State's Attorney, by filing in the Circuit Court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. A violation of § 62-3 shall be prosecuted as a quasi-criminal offense by an attorney designated by the County Board of the County, with the consent of the County State's Attorney.
