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Section 2. DEFINITIONS.
   (a)    "Beneficially owned" means a beneficiary's interest in trust property.
   (b)   “Board” means the Board of Ethics and Campaign Practices established pursuant to Article XII of this Charter.
   (c)   “Business Dealings” or "Business Dealings With The Governmental Body" includes circumstances where a person is: (1) presently a party to a contract with the city; (2) presently a subcontractor under a subcontract with a party under contract with the city; (3) bidding, proposing, or applying for contracts with the city; (4) a party in litigation with the city; (5) a party before a quasi- judicial administrative proceeding conducted by a city board, commission, committee or hearing officer; or (6) a party to an appeal of a decision of a city department, quasi-judicial administrative board, commission, committee or hearing officer.
   (d)   "Business entity" means a corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or any other legal or commercial entity.
   (e)   “Candidate” means any individual who has: (1) obtained a nominating petition from the City Clerk pursuant to Section 4(c)1.D. of the Election Code for the office of Mayor or Councilor; (2) filed an affidavit on a form approved by the City Clerk, stating that they are a candidate for either the office of Mayor or City Councilor; (3) filed as a candidate for elected office as required by law, whichever first occurs; or (4) has received or solicited contributions or made expenditures of one thousand dollars ($1,000) or more or authorized another person or campaign committee to receive or solicit contributions or make expenditures of one thousand dollars ($1,000) or more for the purpose of seeking election to the office.
   (f)   “Consideration” means something of value or a written promise to pay or otherwise provide something of value which is enforceable through the courts.
   (g)   “Contract with the City” means a written contract to: (1) purchase real property from the city; (2) sell real property to the city; (3) rent real or personal property to or from the city; or (4) provide services and/or goods to the city. A contract with the city shall also include all subdivision improvement agreements for the private development of public infrastructure and associated easements and revocable permits. Contracts excluded from this definition are those for services provided by the city such as water, wastewater or solid waste collection; intergovernmental agreements such as a joint powers agreement or a memorandum of understanding. Permits and licenses issued by the city shall not be deemed contracts with the city for purposes of the Ethics Code.
   (h)   "Controlled" means the ability of a person, through share ownership or other means, to make changes in the management of a business entity or to appoint persons who will control the management of that business entity.
   (i)   "Disclosure statement" means a statement on a form prepared by the City Clerk for purposes of compliance with this ordinance.
   (j)   "Direct Interest", "Private Interest" or "Private Financial Interest" means an interest concerning; (1) a partnership, limited liability partnership, limited liability company, corporation, or any other for-profit entity in which an official owns an interest of 10% interest or more; or (2) a corporation, partnership, limited liability partnership, or limited liability company in which the official is an officer, director, or agent. Direct Interest, Private Interest or Private Financial Interest does not mean an interest in stock owned indirectly through a mutual fund, retirement plan, or other similar commingled investment vehicle the individual investments of which the official does not control or manage.
   (k)   "Gift" or "Valuable Gift" means that which is directly or indirectly paid or given to another for an individual's benefit or by any other means, for which consideration equal or greater than fair market value was not given by the official within 90 days of the official's receipt of such gift, including, but not limited to: (1) real property; (2) the use of real property; (3) tangible or intangible personal property; (4) the use of tangible personal property; (5) a preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is neither a government rate nor a rate available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin; (6) debt forgiveness; (7) transportation, other than that provided to an official by a governmental agency in relation to approved government business, lodging or parking; (8) food or beverage; (9) membership dues, other than dues paid by a city agency; (10) entrance fees, admission fees, or tickets to events, performances, or facilities other than those hosted, sponsored, or co-sponsored by the city or occurring at a city facility; (11) plants, flowers, or floral arrangements; (12) services provided by persons pursuant to a professional license or certificate; (13) other personal services for which a fee is normally charged by the person providing the services; and (14) any other similar service or thing having an attributable value not already provided for in this section. For purposes of calculating the dollar limits to the term "gift", any gift provided by a lobbyist shall be attributed to the lobbyist individually as well as to the business organization which he or she owns or by which he or she is employed.
   Gift does not include: (1) salary, benefits, services, fees, commissions, returns on an investment, a loan, interest incurred on a bond, expenses, or other forms of compensation associated primarily with the official's employment, business or service as an officer or director of a private corporation or organization; (2) any activity authorized by the Election Code, the Code of Ethics, and items excluded from the definition of "contributions" pursuant to Section 2(g)(3) of the Election Code, including but not limited to the acceptance of a donation, transfer or contribution, or the making of an expenditure or reimbursement; (3) an honorarium or an expense related to an honorarium event paid to an official or the official's spouse; (4) an award, plaque, certificate, or similar personalized item given in recognition of the official's public, civic, charitable, or professional service; (5) an honorary membership in a service or fraternal organization presented merely as a courtesy by such organization; (6) the use of a public facility or public property made available by a governmental agency for a public purpose; (7) transportation provided to an official by a governmental agency in relation to official and approved governmental business; (8) gifts provided directly or indirectly by a state, regional or national organization whose primary purpose is the promotion of the exchange of ideas between governmental officials or employees or to provide for the professional development or training of such governmental officials or employees, provided that such organization has a membership primarily composed of elected or appointed public officials or employees; (9) the use of a city facility by an official; (10) a gift motivated by a familial or close personal relationship rather than the recipient's position as an official; and (11) all non-pecuniary things or services donated in any twelve (12) month period from a single donor that have a cumulative fair market value of two hundred fifty dollars ($250.00) or less.
   (l)    “Governmental Body” means the City of Albuquerque and any of its boards, commissions and committees.
   (m)    “Immediate Family” or “Immediate Family Member” means spouse, children, step-children, parents, grandparents, grandchildren, siblings, first cousins, nieces, nephews, uncles and aunts.
   (n)   "Income" means the money or other form of payment that a person receives from labor or services, including from employment, a business entity, contracts, goods or services rendered and investments.
   (o)    “Indirect interest” or “indirect private financial interest” means any interest in which legal title is held by another as trustee or other representative, but the equitable or beneficial interest is held by the official or the official's immediate family. Indirect interest shall include a pecuniary or competitive advantage that exists or could foreseeably accrue as a result of the act or inaction of the official.
   (p)   "Office" means a position of duty, trust or authority.
   (q)    “Official” means the Mayor, all members of the Council, all members of boards, commissions and committees; all directors and the equivalent thereof for each department, division or section; assistant, associate or deputy department, division or section directors and the equivalent thereof; the Director of Council Services; the Chief Administrative Officer; Deputy or Assistant Chief Administrative Officers and the equivalent thereof; and all other city employees appointed directly by the Council, Mayor or Chief Administrative Officer.
   (r)   "Ordinary consumer debt" means a personal debt owed as a result of purchasing goods used for individual or household consumption, including credit card debt and auto loans.
   (s)   "Participate in a political campaign" means: (1) to hold a paid position in a campaign; (2) to hold an unpaid position in a campaign that includes a title or functions in a manner that would typically include a title; (3) to host a fundraiser for a candidate or host a house party or any other event for a candidate or campaign; (4) to volunteer for a candidate or campaign; (5) contribute to a candidate or campaign; (6) electronically posting or sharing candidate or campaign materials or communications, or otherwise publishing statements that reference a candidate or campaign, via social media or otherwise. "Participate in a political campaign" does not include: (1) signing a nominating petition; (2) making a $5 qualifying contribution to a candidate seeking public financing; (3) "liking" a social media post that references a candidate or campaign.
   (t)   “Person” means any individual, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, profit or nonprofit organization, or other legal entity.
   (u)   "Public agency" means a department, commission, council, board, committee, agency or institution of the executive or legislative branch of state government or a political subdivision of the state or an instrumentality of the state or of a political subdivision of the state.
   (v)   "Publicly endorse" means: (1) to publish in any way a statement of support or approval regarding a candidate or campaign; (2) to knowingly allow one's name to be published by others as endorsing a candidate or campaign; (3) to appear in advertisements of any sort for a candidate or campaign. "Publicly endorse" does not include: (1) a statement of personal opinion in a non-public setting to another individual; or (2) a publication regarding a Board of Ethics ruling.
   (w)   "Publicly oppose" means: (1) to publish in any way a statement of opposition or criticism regarding a candidate or campaign; (2) to knowingly allow one's name to be published by others as opposing a candidate or campaign; (3) to appear in advertisements of any sort opposing or criticizing a candidate or campaign. "Publicly oppose" does not include a statement of personal opinion in a non-public setting to another individual or a publication regarding a Board of Ethics ruling.
(Amended by Ordinance Nos. 35-1975, 91-1980, 24-1981, 34-2006, 2018-033, 2019-030, and 2022-043; Amended at Regular Municipal Election, October 3, 1989, as part of Proposition #4.)