3/5/07
GENERAL POLICY
It is the policy of the Morrison and Mary Library to
comply with the State’s Gift Ban Act through this policy. Neither the Open
Meetings Act nor the Freedom of Information Act of Illinois or any policies of
the Morrison and Mary Wiley Library in furtherance of those Acts, shall be
applicable to proceedings, meetings or documents involved here, which are
exempt there from.
EXEMPTION
Due to the high costs of compliance for uncompensated
and non-salaried, appointed and/or elected members of the Library Board of
Trustees and given that the experience of gifts of any kind or value to them is
virtually non-existent and certainly has not been a source of improper action,
influence or effect in the Morrison and Mary Library, it is the policy to
exempt all non-salaried appointed or elected officials of the Morrison and Mary
Library from this policy and the State Act, as permitted by that Act.
DEFINITIONS
The
terms “gift,” “prohibited source” and “employee” whether used in the singular
or plural form and as used in this policy, have the meaning as defined in the
State’s Gift Ban Act.
PROHIBITED GIFTS
The
solicitation and acceptance of any “gifts” from any “prohibited source” are
banned and prohibited for all Morrison and Mary Library employees except as
provided in the following section of this policy.
EXCEPTIONAL GIFTS
The
restrictions in the foregoing section do not apply to the following:
1)
Anything for
which the employee pays market value or anything not used and
promptly returned to the
donor or given to an appropriate charity;
2)
A contribution,
lawfully made under the Election Code, or attendance at
a fundraising event sponsored
by a political organization;
3)
A gift from a
relative as defined in the State Act;
4)
Anything provided
by an individual on the basis of a personal friendship, unless there
is reason to believe that
under the circumstances the gift was provided because of the employee’s
position and not because of
personal friendship;
MORRISON AND MARY WILEY LIBRARY PROHIBITED GIFTS
POLICY (CONT.)
5)
A commercially
reasonable loan evidenced in writing with repayment due by a date
certain made in the ordinary
course of the lender’s business;
6)
Payments to a
legal defense fund established for the employee that is otherwise
lawfully made;
7)
Intra-office and
inter-office gifts, meaning any gifts from an employee of the
Morrison and Mary Wiley Library
to an employee of the Morrison and Mary Wiley Library;
8)
Food,
refreshments, lodging, transportation and other benefits resulting from outside
business or employment
activities, if they have not been enhanced by the position of employment
with the Morrison and Mary
Wiley Library and are customarily provided to others in similar
circumstances or in
connection with bona fide employment discussions by a prospective employer
or provided in connection
with a fundraising or campaign event sponsored by the organization;
9)
Pension and other
benefits resulting from continued participation in an employee
welfare and benefits plan
maintained by a former employer;
10)
Informational
materials sent to the employee in the form of books, articles,
periodicals, other written
materials, audio tapes, video tapes or other forms of communications;
11)
Awards or prizes
that are given to competitors in contests or events open to the
public, including random
drawings;
12)
Honorary degrees
(and associated travel, food, refreshments and entertainment
provided in the presentation
of degrees and awards);
13)
Training
(including food and refreshments furnished to all attendees as an integral
part of the training) if the
training is in the interest of the Morrison and Mary Wiley Library;
14)
Educational
missions, including meetings with government officials, intended to
educate them on matters of
public policy;
15)
Bequests,
inheritances and other transfers at death;
16)
Anything that is
paid for by the federal government, the state or the Morrison and
Mary Wiley Library or secured
by the government under a government contract;
17)
A gift of
personal hospitality of an individual other than a registered lobbyist or
foreign principal including
hospitality extended for a non-business purpose by an individual
at their personal residence
or facilities owned by that individual or the individual’s family;
MORRISON AND MARY WILEY LIBRARY PROHIBITED GIFTS
POLICY (CONT.)
18)
Free attendance
at a widely attended event permitted under Subsection 24 below;
19)
Opportunities and
benefits that are available to the public or to all employees whether
or not geographically
restricted, offered to a class of members which is unrelated to employment or
official positions, offered
to members such as an employees’ association or credit union or offered
to a group that is not
defined in a manner that specifically discriminates on the basis of branch of
government or type of
responsibility or on the basis that favors those of higher rank or pay in the
form of loans on terms
generally available to the public or in the form of reduced membership or
other fees for participation
in organization activities offered to all government employees;
20)
A plaque, trophy
or other item that is substantially commemorative in nature and that
is extended for presentation;
21)
Golf, tennis,
food or refreshments of nominal value and catered food, refreshments,
meals or beverages consumed
on the premises from which they were purchased;
22)
Donations of
products from an Illinois company that are intended primarily for
promotional purposes and are
of minimal value;
23)
An item of
nominal value, such as a greeting card, baseball cap or T-shirt;
24)
Attendance at
events. An employee may accept an offer of free attendance at a
widely attended convention,
conference, symposium, forum, panel discussion, dinner, viewing,
reception or similar event
provided by the sponsor of the event if the employee participates as
a speaker or panel
participant or performs a ceremonial function appropriate to their employment
or position or attendance at
the event is appropriate to the performance of civic affairs in Illinois
or the official duties of the
employee. The acceptance of a sponsor’s
unsolicited offer of free
attendance at such an event
may include an accompanying individual. An
employee may accept
a sponsor’s unsolicited offer
of free attendance at a charity event, except reimbursement for
transportation and lodging
may not be accepted in connection with the event. This “free
attendance” may include
waivers of all fees and, unless otherwise stated, the provision of
transportation, food,
refreshments, entertainment and instruction materials, but does not include
entertainment collateral to
the event or food or refreshments taken other than in the group setting
with substantially all of the
attendees, except as permitted under Subsection 21 above.
ENFORCEMENT
Any
employee who violates this policy shall be subject to termination or other
discipline, including but not limited to suspension (with or without
compensation) of employment for a stated term, a requirement to reimburse,
return or turn over any prohibited gift as directed by the Library Board of
Trustees.
MORRISON AND MARY WILEY LIBRARY PROHIBITED GIFTS
POLICY (CONT.)
ETHICS OFFICER
The
President of the Library Board of Trustees shall designate an Ethics Officer
for the Morrison and Mary Wiley Library who shall review Statements of Economic
Interests and disclosure forms for members, officers and employees of the Morrison
and Mary Wiley Library before they are filed and provide guidance to members,
officers and employees in the interpretation and implementation of the State
Gift Ban Act.