Glenbard Township High School District 87
Policy 2:105-R1

Board of Education

Administrative Procedure – Solicitation and Acceptance of Gifts

Gift Ban

Except as otherwise provided in these Regulations, no member or employee shall intentionally solicit or accept any gift from any prohibited source or in violation of any federal or State statute, rule, or regulation. This ban applies to and includes the spouse of and immediate family living with the member or employee. No prohibited source shall intentionally offer or make a gift that violates these Regulations.

Gift Ban Exceptions

The restrictions set forth in the “Gift Ban” section of these Regulations do not apply to the following:

1. Opportunities, benefits, and services that are available on the same conditions as for the general public.

2. Anything for which the member or employee pays the market value.

3. 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.

4. Educational materials and missions.

5. Travel expenses for a meeting to discuss Board business that is not otherwise covered or reimbursed by the Board, when attendance at the meeting is approved by the Board or the Superintendent.

6. 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 fiancé or fiancée.

7. Anything provided by an individual on the basis of a personal friendship, unless the member or employee has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the member or employee and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the member or employee shall consider the circumstances under which the gift was offered, including:

a. 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;

b. Whether to the actual knowledge of the member or employee the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and

c. Whether to the actual knowledge of the member or employee the individual who gave the gift also at the same time gave the same or similar gifts to other members or employees.

8. Food or refreshments not exceeding $75 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.

9. Food, refreshments, lodging, transportation, and other benefits resulting from the outside business or employment activities (or outside activities that are not connected to the duties of the member or employee as an office holder or employee) of the member or employee, or the spouse of the member or employee, if the benefits have not been offered or enhanced because of the official position or employment of the member or employee, and are customarily provided to others in similar circumstances.

10. Any gift given to a member or employee of the Board by another member or employee of the Board, and any gift given to a member or employee of the Board by a member, officer, or employee of another State agency, federal agency or governmental entity.

11. Bequests, inheritances, and other transfers at death.

12. Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.

Each exception listed in this Section is mutually exclusive and independent of any other.

Disposition of Gift

A member or employee does not violate these Regulations if the member or employee promptly takes reasonable action to return the prohibited gift to its source or gives the gift or an amount equal to its value to a charitable organization 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.

Definitions

For purposes of these Regulations:

1. “Appointee” means a person appointed to a position in or with the Board, regardless of whether the position is compensated.

2. “Administrative action” means the execution or rejection of any rule, regulation, legislative rule, standard, fee, rate, contractual arrangement, purchasing agreement or other delegated legislative or quasi-legislative action to be taken or withheld by any executive agency, department, board or commission of the State.

3. “Board” means the duly elected and constituted Board of Education of Glenbard Township High School District #87.

4. “Catered” means food or refreshments that are purchased ready to eat and delivered by any means.

5. “Collective bargaining” means bargaining over terms and conditions of employment, including hours, wages, and other conditions of employment, as detailed in the Illinois Educational Labor Relations Act .

6. “Compensated time” means any time worked by or credited to an employee that counts toward any minimum work time requirement imposed as a condition of employment with the Board, but does not include any designated holidays or any period when the employee is on a leave of absence.

7. “Compensatory time off” means 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 employment with the Board.

8. “Contribution”

a. Means

  • A gift, subscription, donation, dues, loan, advance, or deposit of money or anything of value, knowingly received in connection with the nomination for election or election of any person to public office or in connection with any question of public policy;
  • The purchase of tickets for fund-raising events, including but not limited to dinners, luncheons, cocktail parties, and rallies made in connection with the nomination for election or election of any person to public office or in connection with any question of public policy;
  • A transfer of funds between political committees; and
  • The services of an employee donated by an employer, in which case the contribution shall be listed in the name of the employer, except that any individual services provided voluntarily and without promise or expectation of compensation from any source shall not be deemed a contribution.
b. Does not include:

  • The use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual in rendering voluntary personal services on the individual's residential premises for candidate related activities; provided the value of the service provided does not exceed an aggregate of $150 in a reporting period; or
  • The sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if such charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor.
9. “Employee” means: (i) any person employed full-time, part-time, or pursuant to a contract and whose employment 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, including, but not limited to, the superintendent, assistant superintendents, directors, supervisors, principals and licensed staff, or (ii) any appointee.

10. “Executive action” means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection or postponement by a State entity of a rule, regulation, order, decision, determination, contractual arrangement, purchasing agreement or other quasi-legislative or quasi-judicial action or proceeding.

11. “Gift” means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible 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 employee or officer.

12. “Prohibited source” means any person or entity who:

a. Is seeking official action (i) by the member or (ii) in the case of an employee, by the employee or by the member or other employee directing the employee;

b. Does business or seeks to do business (i) with the member or (ii) in the case of an employee, with the employee or with a member or other employee directing the employee;

c. Conducts activities regulated (i) by the member or (ii) in the case of an employee, by the employee or by a member or other employee directing the employee;

d. Has interests that may be substantially affected by the performance or non-performance of the official duties of the member or employee; or

e. Is registered or required to be registered with the Secretary of State under the Lobbyist Registration Act, except that an entity not otherwise a prohibited source does not become a prohibited source merely because a registered lobbyist is one of its members.

f.  Is an agent of, a spouse of, or an immediate family member living with a prohibited source.

13. “Superintendent” means the duly appointed and acting superintendent or interim superintendent of the District.

Enforcement

1. Filing Complaints:

a. Any person wanting to file a complaint against any employee of the School District for violating theses Regulations shall file such a complaint with the Superintendent. The complaint must be (i) in writing, (ii) signed and notarized, and (iii) specify which provision(s) of these Regulations the employee has allegedly violated. Any complaint not filed in strict accordance with this Section shall not be investigated.

b. A person who seeks to file a complaint against a member of the Board or the Superintendent for violating these Regulations shall file such a complaint with the President of the Board. The complaint must be (i) in writing, (ii) signed and notarized, and (iii) specify which provision(s) of theses Regulations the member or Superintendent has allegedly violated. (In the event that the complaint is against the President of the Board, the complaint may be filed with the Vice President of Board.) Any complaint not filed in strict accordance with this Section shall not be investigated.

2. Investigation: within 10 days of receipt, complaints shall be referred to an independent investigator for investigation. The independent investigator shall have 30 days to conduct his or her investigation; except that the Superintendent or Board President may, at the request of the independent investigator, extend the investigation period up to an additional 30 days for cause. The Superintendent or Board President shall also send a copy of the complaint, by certified mail, return receipt requested, to the alleged violator.

3. Reports: an independent investigator who conducts investigations pursuant to these Regulations shall prepare and submit to the Superintendent, President, as the case may be, a written report setting forth the nature of the investigation and the factual findings of the investigator. The investigator shall also make a finding as to whether the evidence is sufficient to support the violation alleged.

4. Penalties:

a. Based on the report issued pursuant to the “Reports” section above and any additional evidence produced pursuant to this section, the Board shall determine whether sufficient evidence exists to support a finding that the member or employee has violated theses Regulations. If the Board concludes that a violation has occurred, it may impose a penalty, consistent with these Regulations, Board resolutions and policy and State law, on the violator, as it deems appropriate, based on the totality of the circumstances. If the violator is an employee other than the Superintendent, the Board may solicit the opinion of the Superintendent as to an appropriate penalty.

b. Before making any determinations or imposing any penalties under this Section, the Board shall provide the member or employee alleged to have violated these Regulations with a copy of the report issued pursuant to the “Reports” section hereof. Within 14 days after his or her receipt of the report, the member or employee may request an opportunity to provide the Board with evidence that counters the allegation. Such a request shall be in writing and shall state whether the member or employee wishes to appear in person before the Board or whether the member or employee wishes to submit written evidence. Upon receipt of a request by a member or employee, the Board shall schedule a date and time for the member or employee to either appear before him or by which to submit written evidence, as the case may be. Such date shall be at least 14 days but not more than 30 days after receipt of the member’s or employee’s request. Any member or employee seeking to counter an allegation against him or her may submit for the Board’s consideration any evidence that he or she believes relevant to refute the allegations. If the member or employee has requested an in person meeting, the member or employee may, at his or her expense, be accompanied by an attorney. The member or employee may, at his or her expense, also have an attorney submit written evidence on his or her behalf.

c. After any appearance or submission authorized under the preceding subsection (2), the Board shall make a determination whether sufficient evidence exists to support the complaint and, if so, impose a penalty. The Board shall vote on such matters no latter than its next regularly scheduled meeting after the appearance or submission.

5. Confidentiality: to the fullest extent permitted by law, the names of persons filing complaints alleging a violation of these Regulations, written reports prepared pursuant to these Regulations and all documents related to employees’ personnel files that may be used in investigations shall be treated as confidential and not disclosed. Further, to the fullest extent permitted by law, all deliberations related to any disciplinary actions stemming from alleged violations shall be undertaken in confidence.


ADOPTED:   May 24, 2004

REVIEWED: November 21, 2005

REVIEWED: June 10, 2013

REVISED:    June 24, 2013

REVIEWED: October 21, 2013

REVISED:    November 4, 2013




 
Glenbard Township High Schools District #87 | Glen Ellyn, IL 60137 | Phone: (630) 469-9100 Fax: (630) 469-9107