2-156-010 Definitions.
The following definitions shall apply for purposes of this chapter:
(a) “Administrative action” means any engagement with the ability to influence an outcome, other than through the legislative process, by any agency or City official or employee on:
(1) a rule;
(2) a rate or fee;
(3) a bond inducement matter;
(4) a zoning matter;
(5) concession or franchise agreement;
(6) the creation of a tax increment financing district;
(7) the expression of support for a favorable Cook County property tax classification;
(8) the acquisition, lease, license or disposition by the City of any interest in real, personal or intellectual property;
(9) the procurement of goods, services, or construction, including the preparation or modification of contract specifications, or the solicitation or award of a contract;
(10) the solicitation or award of a grant, loan, or agreement involving the disbursement of public monies;
(11) the expression of support for, or opposition to, the enactment of any local, State or federal legislation, rule, or regulation; or
(12) the interpretation of any local, State, or federal law, rule, or regulation.
(b) "Agency" means the city council, any committee or other subdivision thereof, any city department or other administrative unit, commission, board, or other division of the government of the city.
(c) "Alderman" means any person holding the elected office of alderman of the city council.
(c-1) "Board of ethics" or "board" means the board of ethics established in this chapter.
(c-2) "Candidate for city office" means any person who seeks nomination for election, election to or retention in any elected office of the government of the city, whether or not such person is elected. A person seeks nomination for election, election or retention if he or she (1) takes the action necessary under the laws of the State of Illinois to attempt to qualify for nomination for election, election to or retention in public office, or (2) receives contributions or makes expenditures, or gives consent for any other person to receive contributions or make expenditures with a view to bringing about his or her nomination for election or election to or retention in such office. For purposes of this definition, the term "expenditure" has the meaning ascribed to that term in Article 9 of the Illinois Election Code, codified at 10 ILCS 5/9-1 et seq.
(d) "City" means the City of Chicago.
(d-1) "City Council employee" shall mean an individual employed by an alderman or a City Council committee, or bureau or other service agency of the City Council.
(d-2) "City Council contractor" shall mean an individual retained as an independent contractor by any alderman, City Council committee, or bureau or other service agency of the City Council to provide services to any of the foregoing, provided that such services are related to City governmental functions and duties, and excluding services related to the physical maintenance of City or aldermanic offices, such as, without limitation, custodial services, painting, landscaping, or plumbing.
(e) "City contractor" means any person (including their agents or employees acting within the scope of their employment) who is paid by the City or any City agency or pursuant to City ordinance, for services to any City agency, regardless of the nature of the relationship of such individual to the City for purposes other than this chapter. A "city contractor" shall not include officials and employees.
(e-1) "City property" means: (i) the official corporate City seal, as authorized in Section 1-8-010, et seq., as amended; (ii) any building or portion thereof owned or exclusively leased by the City or any City agency; or (iii) any intellectual property or personal property, equipment, machinery, or other tangible items owned or used by the City for City business purposes. "City property" does not, however, include any portion of a building that is rented or leased from the City or any City agency by a private person or entity.
(e-2) "Clerical" means an employee who carries out tasks of a mechanical/secretarial/ administrative nature (for example, copying, filing, word-processing) with no discretion on issues of substance.
(e-3) "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 city, but does not include any designated city holidays or any period when the employee is on an approved vacation or leave of absence.
(f) "Compensation" means money, thing of value or other pecuniary benefit received or to be received in return for, or as reimbursement for, services rendered or to be rendered.
(f-1) "Confidential information" means any information that is exempt from disclosure under the Illinois Freedom of Information Act, codified at 5 ILCS 140/1, et seq.
(g) "Contract management authority" means personal involvement in or direct supervisory responsibility for the formulation or execution of a city contract, including without limitation the preparation of specifications, evaluation of bids or proposals, negotiation of contract terms or supervision of performance.
(g-1) "Covered relative" means the spouse or domestic partner of any official, candidate for city office, or employee, or the immediate family, and relatives residing in the same residence with the official, candidate for city office, or employee.
(h) "Doing business" means any one or any combination of sales, purchases, leases or contracts to, from or with the city or any city agency in an amount in excess of $10,000.00 in any 12 consecutive months.
(i) [Reserved]
(j) "Employee" means an individual employed by the City of Chicago, whether part-time or full-time, but excludes elected officials and city contractors.
(j-0) "Executive director" means the executive director of the board of ethics established in this chapter.
(j-1) "Exempt position" means a position that is classified as exempt under the City's Hiring Plan, as amended from time to time, but excluding City Council employees.
(k) "Expenditure" means a payment, distribution, loan, advance, deposit, or gift of money or anything of value.
(l) "Financial interest" means an interest held by an official or employee that is valued or capable of valuation in monetary terms with a current value of more than $1,000.00 in any consecutive twelve-month period, provided that such interest shall not include: (1) the authorized compensation paid to an official or employee for any office or employment; or (2) a time or demand deposit in a financial institution; or (3) an endowment or insurance policy or annuity contract purchased from an insurance company; or (4) any ownership through purchase at fair market value or inheritance of the shares of a mutual fund corporation, regardless of the value of or dividends on such shares, if such shares are registered on a securities exchange pursuant to the Securities Exchange Act of 1934, as amended; or (5) any ownership through purchase at fair market value or inheritance of not more than one-half of one percent of the outstanding common stock of the shares of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of the dividends on such shares, if such shares are registered on a securities exchange pursuant to the Securities Exchange Act of 1934, as amended.
(m) "Gift" means any thing of value given without fair-market-value consideration.
(m-1) “Grassroots lobbying communication” means correspondence to members of the public that solicits or encourages communication to a City official, employee, or agency for the purpose of influencing an administrative action or legislative action.
(m-2) “Grassroots lobbying event” means any organized activity sponsored by a not-for-profit entity that is intended to influence an administrative action or legislative action of a City employee, official, or agency by inviting participants to a location where City employees or officials are accessible.
(m-3) “Hearing officer” means an administrative law officer appointed by the Department of Administrative Hearings, in consultation with the Board, to the dedicated function of conducting hearings on the merits pursuant to this chapter.
(m-4) “Inspector General” means the City’s Inspector General.
(n) “Legislation” means any matter pending in, or proposed for introduction into, or otherwise eligible for consideration or enactment by the City Council or a committee or other subdivision thereof, including but not limited to ordinances, resolutions, orders, appointments, and claims.
(o) “Legislative action” means any engagement with the ability to influence an outcome by a member of the City Council or a City Council employee on any legislation.
(o-1) “Lobby” or “lobbying” means the conduct described in subsection (p) of this Section 2-156-010.
(o-2) “Lobbyist reporting period” means any of the following four periods of any calendar year: January 1 to March 31, inclusive; April 1 to June 30, inclusive; July 1 to September 30, inclusive; or October 1 to December 31, inclusive.
(p) “Lobbyist” means any individual who, on behalf of any other person, contacts or communicates directly with a City official or employee to influence any administrative action or legislative action.
Provided, however, that an individual shall not be deemed to be a lobbyist solely: (1) by submitting an application for, or corresponding solely as to the status of, a City registration, certificate, permit, or license; (2) by responding to a City request for proposals or qualifications; or (3) by seeking municipal services generally available to residents of the City, including, but not limited to, seeking establishment or modification of water, sewer, or garbage service, seeking review of a water or sewer bill believed to be in error, seeking parkway tree trimming services, seeking to have a pothole filled, seeking graffiti removal services, or seeking a temporary street closure in connection with a neighborhood block party. It shall not constitute lobbying as defined here for an individual who is paid on a contingent or commission basis for the good faith sale of goods or services to contact a City official or employee regarding the purchase by the City of such goods or services, provided that such individual is contacting only those City officials or employees who have responsibility for making purchasing decisions regarding such goods or services in the normal course of business.
The term “lobbyist” shall include, but is not limited to, any attorney, accountant, or consultant engaged in lobbying; provided, however, that an attorney shall not be considered a lobbyist while representing clients in a formal adversarial hearing. An individual who seeks to influence administrative action or legislative action on behalf of a not-for-profit entity shall be deemed a lobbyist only if: (1) such individual: (A) is paid or otherwise compensated for those efforts or (B) undertakes those efforts as a matter of professional engagement, regardless of pay or other compensation; and (2) such not-for-profit entity has both an operating budget and net assets or fund balances of Five Million Dollars or more.
The term “lobbyist” shall not include: (1) any employee or official of another government unit who engages in lobbying on behalf of that government unit; or (2) an individual who: (A) attends a meeting with an employee or official simply to provide technical information or address technical questions; (B) attends a meeting to provide clerical or administrative assistance (including audio/visual, translation, interpretation, or sign language assistance); (C) attends a meeting to observe for educational purposes; or (D) plays no role in the strategy, planning, messaging, or other substantive aspect of the overall lobbying effort.
(p-1) “Net assets or fund balances” means the total amount reported on United States Department of Treasury Internal Revenue Service Form 990 for the line “Net assets or fund balances”.
(q) “Official” means any person holding any elected office of the City or any appointed, non-employee member of any agency.
(q-1) “Operating budget” means the total amount reported on United States Department of Treasury Internal Revenue Service Form 990 for the line “Total expenses”.
(r) "Person" means any individual, entity, corporation, partnership, firm, association, union, trust, estate, as well as any parent or subsidiary of any of the foregoing, whether or not operated for profit.
(s) "Political activity" means:
(1) Serving as an officer of a political party, of a political club, or of an organization relating to a campaign for elected office ("organization"); as a member of a national, state or local committee of a political party, club or organization; as an officer or member of a committee of a political party, club or organization; or being a candidate for any of these positions;
(2) Organizing or reorganizing a political party, club or organization;
(3) Directly or indirectly soliciting, receiving, collecting, handling, disbursing, or accounting for assessments, contributions, or other funds for any political party, political fund, candidate for elected office, candidate for political party office, or any committee thereof or committee which contributes to any of the foregoing;
(4) Organizing, selling tickets to, promoting, or actively participating in a fundraising activity of a public officer holder, candidate in an election or political party, political club or an organization;
(5) Taking an active part in managing the political campaign of a candidate for public office in an election or a candidate for political party office;
(6) Becoming a candidate for, or campaigning for, an elective public office in an election;
(7) Soliciting votes in support of or in opposition to a candidate for public office in an election or a candidate for political party office;
(8) Acting as recorder, watcher, challenger or similar officer at the polls on behalf of a political party or a candidate in an election;
(9) Driving voters to the polls on behalf of a political party or candidate in an election;
(10) Endorsing or opposing a candidate for public office in an election or a candidate for political party office in a political advertisement, a broadcast, campaign literature, or similar material, or distributing such material;
(11) Serving as a delegate, alternate, or proxy to a political party convention;
(12) Addressing a convention, caucus, rally, or similar gathering in support of or in opposition to a candidate for public office or political party office;
(13) Initiating or circulating a nominating petition for elective office;
(14) Soliciting, collecting, or receiving a political contribution or a contribution for any political party, political fund, candidate for elected office, candidate for political party office, or any committee thereof or committee which contributes to any of the foregoing; or
(15) Paying or making a political contribution or a contribution for any political party, political fund, candidate for elected office, candidate for political party office, any committee thereof or committee which contributes to any of the foregoing.
(t) "Political contribution" means any gift, subscription, loan, advance, deposit of money, allotment of money, or anything of value given or transferred by one person to another, including in cash, by check, by draft, through a payroll deduction or allotment plan, by pledge or promise, whether or not enforceable, or otherwise, for purposes of influencing in any way the outcome of any election. For the purposes of this definition, a political contribution does not include:
(1) A loan made at a market rate by a lender in his or her ordinary course of business;
(2) 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 $150.00 in a reporting period as defined in Article 9 of the Illinois Election Code;
(3) 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.
(t-1) "Political committee" means a political committee as defined in Article 9 of the Illinois Election Code, codified at 10 ILCS 5/9-1 et seq.
(u) "Political fundraising committee" means any fund, organization, political action committee or other entity that, for purposes of influencing in any way the outcome of any election, receives or expends money or anything of value or transfers money or anything of value to any other fund, political party, candidate, organization, political action committee, or other entity.
(v) "Professional services" means services in any occupation requiring advanced or specialized education and training, including without limitation law, accounting, insurance, real estate, engineering, medicine, architecture, dentistry, banking, finance, public relations, education or consulting.
(v-1) "Prohibited political activity" 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 purchasing, selling, distributing, or receiving payment for tickets for any political fund- raiser, 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 candidate questionnaires 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.
(w) "Relative" means a person who is related to an official, candidate for city office, or employee as spouse or as any of the following, whether by blood or by adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in- law, sister-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister, half-brother or half-sister.
(x) “Seeking to do business” means: (1) taking any action within the past six months to obtain a contract or business from the City when, if such action were successful, it would result in the person’s doing business with the City; and (2) the contract or business sought has not been awarded to any person.
(x-1) “Self-defense communication” means contact or communication by, or on behalf of, a not-for-profit entity with a City official or employee regarding administrative action or legislative action that potentially harms, diminishes, or eliminates: (1) the existence of the entity; (2) the powers and duties of the entity; or (3) the tax-exempt status of the entity or tax deductibility of contributions made to the entity.
(y) "Domestic partner" means a "qualified domestic partner" as defined in Section 2-152-072 of this Code.
(z) "Sexual harassment" means any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature; or (ii) requests for sexual favors or conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or of any governmental decision, or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment or other governmental decision affecting the individual or the individual's client or employer, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual's employment position.
(z-1) “Temporary youth employment program” means any summer or other temporary youth employment program through which persons aged 24 or younger are employed by, or engaged in employment coordinated by, a not-for-profit entity or governmental entity.
(z-2) “Transitional employment program” means any temporary employment program through which persons with unsuccessful employment histories or members of statistically hard-to-employ populations, such as formerly homeless persons, the long-term unemployed, and formerly incarcerated persons, are provided temporary paid employment and case-managed services under a program administered by a not-for-profit entity or governmental entity, with the goal of transitioning program participants into non-temporary employment.
(Prior code § 26.2-1; Added Coun. J. 5-16-90, p. 16204; Amend Coun. J. 5-17-00, p. 32667, § 1; Amend Coun. J. 6-23-04, p. 26935, § 1; Amend Coun. J. 7-28-11, p. 4941, § 1; Amend Coun. J. 7-25-12, p. 31123, § 1; Amend Coun. J. 2-13-13, p. 46730, § 1; Amend Coun. J. 7-29-15, p. 3567, § 1; Amend Coun. J. 2-10-16, p. 19348, § 3; Amend Coun. J. 11-8-17, p. 58447, § 2; Amend Coun. J. 2-28-18, p. 68393, § 1; Amend Coun. J. 7-24-19, p. 2394, § 2; Amend Coun. J. 4-27-22, p. 46382, § 7; Amend Coun. J. 7-20-22, p. 50671, § 1; Amend Coun. J. 12-13-23, p. 7721, § 1)
