[Ord. 589, 4-19-2004]
For purposes of this chapter, the following terms shall be given
these definitions:
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.
COLLECTIVE BARGAINING
Has the same meaning as that term is defined in Section 3
of the Illinois public labor relations act.
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.
EMPLOYEE
A person employed by the City of Lincoln, 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.
GIFT
Any gratuity, discount, entertainment, hospitality, loan,
forbearance, or other tangible 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
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.
OFFICER
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
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, 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 fundraiser, 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 or 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 or 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 or against any
referendum question.
(G)
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.
(H)
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.
(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.
(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 or against any referendum
question.
(L)
Campaigning for any elective office or for or against any referendum
question.
(M)
Managing or working on a campaign for elective office or for
or 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: 1) by an officer or 2) by an employee,
or by the officer or another employee directing that employee;
(B)
Does business or seeks to do business: 1) with the officer or
2) with an employee, or with the officer or another employee directing
that employee;
(C)
Conducts activities regulated 1) by the officer or 2) 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.
[Ord. 589, 4-19-2004]
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 the City of Lincoln 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's or employee's duties, 2) as
a condition of employment, or 3) during any compensated time off (such
as holidays, vacation, 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: 1) in a position that is subject to recognized
merit principles of public employment or 2) 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.