§ 2-74. Prohibition against political activity.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Member of the board of ethics means an individual who occupies the position of a member of the board of ethics or a prospective member of the board of ethics.

(2)

Political party means a national political party, a state political party, a political action committee and/or any affiliated organization.

(3)

Election includes a primary, special and general election.

(4)

Nonpartisan election means:

a.

An election at which none of the candidates is to be nominated or elected as representing a political party, any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected; and

b.

An election involving a question or issue which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a governmental ordinance, or any question or issue of a similar character.

(5)

Partisan, when used as an adjective, refers to a political party.

(6)

Political fund means any fund, organization, political action committee or other entity that, for purposes of influencing in any way the outcome of any partisan 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.

(7)

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.

(b)

Permissible activities. All members of the board of ethics are free to engage in political activity to the widest extent consistent with the restrictions imposed in this division. Each member of the board of ethics retains the right to:

(1)

Register and vote in any election;

(2)

Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization or of a similar organization;

(3)

Be a member of a political party or other political organization and participate in its activities to the extent consistent with law;

(4)

Attend a political convention, rally, fundraising function or other political gathering;

(5)

Sign a political petition as an individual;

(6)

Make a financial contribution to a political party or organization or candidate other than a public officer as defined in section 2-41;

(7)

Take an active part, as a candidate or in support of a candidate, in a nonpartisan election;

(8)

Be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a governmental ordinance or any other question or issue of a similar character;

(9)

Serve as an election judge or clerk or in a similar position to perform nonpartisan duties as prescribed by state or local law; and

(10)

Otherwise participate fully in public affairs in a manner which does not materially compromise his efficiency or integrity as a member of the board of ethics or the neutrality, efficiency or integrity of the board of ethics.

(c)

Prohibited activities.

(1)

A member of the board of ethics may not take an active part in political management or in a political campaign, except as permitted by subsection (b) of this section.

(2)

A member of the board of ethics shall not take part in or be permitted to do any of the following activities:

a.

Serve as an officer of a political party, a member of a national, state or local committee of a political party, an officer or member of a committee of a partisan political club, or be a candidate for any of these positions;

b.

Organize or reorganize a political party organization or political club;

c.

Directly or indirectly solicit, receive, collect, handle, disburse or account for assessments, contributions or other funds for a partisan political purpose;

d.

Organize, sell tickets to, promote or actively participate in a fundraising activity of a candidate in a partisan election or of a political party or political club;

e.

Take an active part in managing the political campaign of a candidate for public office in a partisan election or a candidate for political party office;

f.

Become a candidate for, or campaign for, an elective public office in a partisan election;

g.

Solicit votes in support of or in opposition to a candidate for public office in a partisan election or a candidate for political party office;

h.

Act as recorder, watcher, challenger or similar officer at the polls on behalf of a political party or a candidate in a partisan election;

i.

Drive voters to the polls on behalf of a political party or a candidate in a partisan election;

j.

Endorse or oppose a candidate for public office in a partisan election or a candidate for political party office in a political advertisement, broadcast, campaign literature, or similar material;

k.

Serve as a delegate, alternate or proxy to a political party convention;

l.

Address a convention, caucus, rally or similar gathering of a political party in support of or in opposition to a partisan candidate for public office or political party office;

m.

Initiate or circulate a partisan nominating petition.

(3)

Nothing contained in this section shall prohibit activity in political management or in a political campaign by any member of the board of ethics connected with a nonpartisan election or a nonpartisan issue of any type.

(Ord. of 11-14-89, § 116; Ord. of 7-23-91; Ord. of 10-11-94; Code 1977, § 3-20-46(j); Ord. of 7-28-09)