State Officials and Employees Ethics Act

Administrative Procedure 3.409

Elgin Community College will follow the guidelines of the State Officials and Employees Ethics Act (codified at 5 ILCS 430/1-1 and following), effective December 9, 2003.

Definitions:

“Board” means the Board of Trustees of Elgin Community College.

"Campaign for elective office" means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, State, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties.

"Candidate" means a person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at either a general primary election or a general election.

"Collective bargaining" has the same meaning as contemplated by the Illinois Educational Labor Relations Act (115 ILCS 5/1 and following).

“College” means Elgin Community College.

“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 a state agency but does not include any designated State holidays or any period when the employee is on a leave of absence.

"Compensatory time off" means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked more than the minimum work time required of that employee as a condition with a state agency.

"Contribution" has the same meaning as that term is defined in section 9-1.4 of the Election Code (10 ILCS 5/9-1.4).

"Employee" means (i) a person employed by the Board of Trustees whether on a full-time or part-time basis or pursuant to a contract, whose 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, but does not include a volunteer or an independent contractor or (ii) any appointed or elected commissioner, trustee, director, or board member of a board of a State agency, including retirement system or investment board subject to the Illinois Pension Code or (iii) any other appointee.

“Executive Ethics Commission (EEC)” means the Commission which is responsible for administering the State Officials and Employees Ethics Act. It is a nine-member commission committed to promoting ethics and good government in the State of Illinois. Five commissioners are appointed by the Governor and one commissioner each is appointed by the Attorney General, Secretary of State, Comptroller and Treasurer. No more than five commissioners may be of the same political party.

"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 officer or employee, member or officer.

“Governmental entity” means a unit of local government (including a community college district) or a school district but not a State agency, a Regional Transit Board, or a Regional Development Authority.

"Leave of absence" means any period during which an employee does not receive (a) compensation for employment, (b) service credit towards pension benefits, and (c) health insurance benefits paid for by the employer.

“Member” means a member of the General Assembly.

“Officer” means an executive branch constitutional officer or a legislative branch constitutional officer.

"Political" means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (c) that are otherwise in furtherance of the person's official duties or governmental and public service functions.

"Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk.

“State Agency” includes all administrative units or corporate outgrowths of the State government which are created by or pursuant to statute, other than units of local government (including community college districts) and their officers, school districts, and boards of election commissioners; and all administrative units and corporate outgrowths of the above and as may be created by executive order of the Governor.

“State employee” means any employee of a state agency.

Ethics Officer (5 ILCS 430/20-23)

The head of each State Agency under the jurisdiction of the Executive Ethics Commission shall designate an Ethics Officer for the office or State Agency. Ethics Officers shall:

1. Act as liaisons between State Agency and appropriate Executive Inspector General and between the State Agency and the Executive Ethics Commission.
2. Review statements of economic interest and disclosure forms of officers, senior employees, and contract monitors before they are filed with the Secretary of State; and
3. Provide guidance to officers and employees in the interpretation and implementation of this Act, which the officer or employee may in good faith rely upon. Such guidance shall be based, wherever possible, upon legal precedent in court decisions, opinions of the Attorney General, and the findings and opinions of the Executive Ethics Commission.

Ethics Training (5 ILCS 430/5-10)

Each officer, member and employee are required to complete ethics training at least annually under the jurisdiction of the Office of Executive Inspector General (OEIG). New officers, members, and employees are required to complete ethics training within thirty (30) days of the commencement of their employment or office. Upon completion of the ethics training program, each officer, member, and employee must certify in writing that the person has completed the training program Each officer, member and employee must provide to his or her ethics officer a signed copy of the certification by the deadline for completion of the ethics training program.

Gift Bans (5 ILCS 430/10-10; Article 10)

No officer, member or State employee shall intentionally solicit or accept any gift from a 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 officer, member or State employee. 5 ILCS 430/10-10.

1. Exceptions:
   1. Opportunities, benefits, and services that are available on the same conditions as for the general public.
   2. Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair 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 business.
   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 based on 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 based on 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; and
      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 immediately family members.
   8. Food or refreshments provided as a “contribution” under the definition of the term offered above, 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. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means.
   9. 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.
   10. 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.
   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 of the exceptions listed in this Section is mutually exclusive and independent of every other.
       
       
2. Returning Gifts
   An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this procedure 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.

Prohibited Political Activities (5 ILCS 430/5-15)

Employees shall not intentionally perform any prohibited political activity during any compensated time (other than vacation, personal, or compensatory time off).

1. Prohibited political activities means:
   1. Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.
   2. Soliciting contributions, including but not limited to the purchase of selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event.
   3. Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.
   4. Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
   5. Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
   6. Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question.
   7. Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.
   8. Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.
   9. Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.
   10. Preparing or reviewing responses to candidates in connection with a campaign for elective office or on behalf of a political organization for political purposes.
   11. Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.
   12. Campaigning for any elective office or for or against any referendum question.
   13. Managing or working on a campaign for elective office or for or against any referendum question.
   14. Serving as a delegate, alternate, or proxy to a political party convention.
   15. Participating in any recount or challenge to the outcome of any election.
2. Prohibited political activities:
   1. Employees shall not intentionally perform any prohibited political activity during any compensated time, as defined herein. Employees shall not intentionally misappropriate any property or resources by engaging in any prohibited political activity for the benefit of any campaign for elective office or any political organization.
   2. At no time shall any official, director, supervisor, or employee intentionally require another employee to perform any prohibited political activity (i) as part of that officer or employee’s duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacations, or personal time off).
   3. Employees shall not be required at any time to participate in any prohibited political activity in consideration for that employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise.
   4. Employees shall not be awarded additional compensation or employee benefit, in the form of a salary adjustment, bonus, compensatory time off, continued employment, or otherwise in consideration for the employee’s participation in any prohibited political activity.
   5. Nothing in this Section prohibits activities that are otherwise permissible for an employee to engage in as part of his or her official duties, or activities that are undertaken by an employee on a voluntary basis as permitted by law.
   6. No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) 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 he or she is a member or an officer of a political committee, of a political party, or of a political organization or club.
3. Prohibited sources: Prohibited sources shall not intentionally offer or make a gift that violates this Act. Prohibited sources are any person or entity who:
   1. Is seeking official action (i) by the member or officer or (ii) by an employee, or by the member, officer, State agency, or another employee directing that employee.
   2. Does business or seeks to do business (i) with the member or officer or (ii) with an employee, or with the member, officer, State agency or another employee directing that employee.
   3. Conducts activities regulated (i) by the member or officer or (ii) by an employee, or by the officer or another employee directing that employee; or
   4. Has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee.

Filing a report or a complaint
Article 15 of this Act (5 ILCS 430/15-5) outlines whistle blower protections for any person who reports activities they reasonably believe violate the State Officials and Employees Ethics Act.

Any person can anonymously report misconduct violations involving the Board, employees, representatives, or volunteers acting on behalf of the College (see Administrative Procedure Whistleblower Protection 3.804). A report can be made by phone call to 844-977-0474 or using the reporting form on Ethics Point.

Penalties (5 ILCS 430/50-5)

1. A person is guilty of a Class A misdemeanor if that person intentionally violates any provision of 5-15 (Prohibited Political Activities).
2. A person who intentionally violates any provision of Article 10 (Gift Bans) is guilty of a business offense and subject to a fine of at least $1,001 and up to $5,000.
3. In addition to any other penalty that may apply, whether criminal or civil, a State employee who intentionally violates any provision of Section 5-15 and Article 10 is subject to discipline or discharge by the College.

This policy was last reviewed on 08/28/2025.