3211 - ETHICAL, POLITICAL, SOLICITATION, AND ACCEPTANCE OF GIFTS

Herrin Community Unit School District No. 4

Bylaws & Policies

3211 - ETHICAL, POLITICAL, SOLICITATION, AND ACCEPTANCE OF GIFTS

For purposes of this policy the Board of Education will follow the definitions found in the State Officials and Employees Ethics Act and listed in AG 1211, AG 3211, and AG 4211.

Prohibited Political Activities

	A.	No officer or employee shall intentionally perform any prohibited political activity during any compensated time. Nor shall they intentionally use any property or resources of the Board 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 as part of his/her duties, as a condition of employment, or 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 person 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/her participation in any prohibited political activity.
	D.	Nothing prohibits activities that are permissible for an officer or employee to engage in as part of his/her official duties, or activities that are undertaken on a voluntary basis which are not prohibited by this policy.
	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 s/he is a member or officer of a political committee, of a political party, or of a political organization or club.

GIFT BAN

Except as permitted by the State Officials and Employees Ethics Act (the "Act"), no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to as "recipients"), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or policy. No prohibited source shall intentionally offer or make a gift that violates the Act.

Exceptions identified in the law include:

	A.	Opportunities, benefits, and services that are available on the same condition as for the general public.
	B.	Anything for which the officer or employee, or his/her spouse or immediate family member pays the fair market value.
	C.	Any contribution that is lawfully made under the Election Code or 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 as defined in the Act.
	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/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;
		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 items 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, refreshment, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to official duties), 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 (any gift given to an officer or employee from another officer or employee) and inter-governmental gifts (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.

Each of the exceptions listed above is mutually exclusive and independent of every other.

DISPOSITION OF GIFTS

An officer or employee, his/her spouse or an immediate family member living with the officer or employee, does not violate this policy if the recipient promptly takes reasonable action to return a gift from a prohibited source to the 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.

ENFORCEMENT AND PENALTIES

Any alleged violations of this policy shall be referred to the State’s Attorney.

Penalties for violating this policy shall be determined by law. In addition, any employee who violates this policy shall be subject to appropriate discipline by the Board, up to and including dismissal.

If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then this policy shall be repealed as of the date that the Supreme Court decision becomes final without further action of the Board.

If the Illinois Supreme Court declares part of the Act unconstitutional but upholds the constitutionality of the remainder of the Act, or does not address the remainder of the Act, then the remainder of the Act as adopted by this policy shall remain in full force and effect; however, that part of the policy relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the Board.

5 ILCS 430/1-1 et seq.

Adopted 10/12/04