Article VII — PROHIBITION ON ACCEPTANCE OF GIFTS FROM

CITY CONTRACTORS AND LOBBYISTS

SEC. 2-250. PROHIBITION ON ACCEPTANCE OF GIFTS.

(A) No elected city official or member of the planning commission may receive any gift from any person or entity that contracts or is seeking to contract with the city, or with any person who during the prior 12 months knowingly attempted to influence an elected city official or member of the planning commission in any legislative or administrative action.

(B) No person may make, and no elected city official or member of the planning commission accept, any gift with the intent to influence an elected city official or member of the planning commission in the performance of any official act.

(C) No elected city official or member of the planning commission may accept or receive any gift from anyone other than the city for the performance of a specific service or act that the elected city official or member of the planning commission is expected to render in the regular course of his/her city duties, or for advice about city processes.

(Ord. No. 2976)

SEC. 2-251. DEFINITIONS.

(A) For purposes of this article, a “gift” is defined as any payment or other benefit that confers a personal benefit for which an elected city official or member of the planning commission does not provide payment or services of equal or greater value. A gift includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public. An elected city official or member of the planning commission has received or accepted a gift when he/she has actual possession of the gift or when he/she takes any action exercising direction or control over the gift, including discarding the gift or turning it over to another person. This includes gifts that are accepted by someone else on the official’s behalf and gifts made to others at the direction of the official. A “gift” does not include items that are returned (unused) to the donor, for which the official reimburses the donor within 30 days of receipt, or that are donated unused to a non-profit, tax-exempt (501(c)(3)) organization in which the official or immediate family member does not hold a position, or to a government agency within 30 days of receipt without claiming a deduction for tax purposes.

(B) For purposes of this article, an “elected city official” shall mean the mayor, a member of the city council, the city clerk or the city treasurer.

(Ord. No. 2976)