Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Division III - Gift Ban

An offi­cer or employ­ee, his or her spouse or an imme­di­ate fam­i­ly mem­ber liv­ing with the offi­cer or employ­ee, does not vio­late this Arti­cle 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.

Sec­tion 22–5‑5 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.

(C) Any (i) con­tri­bu­tion that is law­ful­ly made under the Elec­tion Code or (ii) activ­i­ties asso­ci­at­ed with a fundrais­ing event in sup­port of a polit­i­cal orga­ni­za­tion or candidate.

(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: (i) 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; (ii) 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 (iii) 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 Sev­en­­­ty-Five Dol­lars ($75.00) per per­son in val­ue on a sin­gle cal­en­dar day; pro­vid­ed that the food or refresh­ments are (i) con­sumed on the premis­es from which they were pur­chased or pre­pared or (ii) 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) Intra-gov­­­ern­­­men­­­tal and inter-gov­­­ern­­­men­­­tal gifts.  For the pur­pose of this Act, “intragov­ern­men­tal gift” means any gift giv­en to an offi­cer or employ­ee from anoth­er offi­cer or employ­ee, and “inter-gov­­­ern­­­men­­­tal 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 One Hun­dred Dol­lars ($100.00).

Each of the excep­tions list­ed in this Sec­tion is mutu­al­ly exclu­sive and inde­pen­dent of every other.

Except as per­mit­ted by this Divi­sion, 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.