For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
AFFINITY. A relationship by marriage.
BUSINESS. A corporation, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual holding company, joint stock company, receivership, trust or other entity which is organized for profit.
BUSINESS TRANSACTION WITH THE VILLAGE. Includes, but is not limited to, contracts, loans, grants, the fixing of rates or fees and the issuance of permits.
BUSINESS WITH WHICH THE INDIVIDUAL IS ASSOCIATED. A business in which any of the following applies:
(1) The individual is an owner, partner, director, officer or employee;
(2) A member of the individual's immediate family is an owner, partner, director, officer or employee;
(3) The individual or a member of the individual's immediate family is a holder of stock worth at least $1,000 at fair market value or which represent more than a 5% equity interest in the business; and
(4) The individual or a member of the individual's immediate family is a stockholder of a publicly traded business who holds stock worth at least $25,000 at fair market value or which represents more than a 10% equity interest in the publicly traded business, other than publicly traded stock under a trading account if the individual reports the name and address of the stockholder.
CONFIDENTIAL INFORMATION. Information which has been obtained in the course of one's official capacity or employment with the village which is not known by or available to the general public, or which is obtained on the basis of a promise of confidentiality or which is required to be held confidential by law or regulation or which the employees or official has been directed to keep confidential. Confidential information may include information regarding labor negotiations, police matters, employee records, purchase of property or pending litigation.
EMPLOYEE. An individual who works for the village either under appointment or contract in return for financial compensation.
GIFT. A payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of value, made without exchange of reasonable consideration. GIFT does not include anything of value received as a devise, bequest or inheritance or a loan or credit arrangement made according to reasonable and prevailing rates and terms and which does not discriminate in favor of or against an official or employee of the village. GIFT does not include a gift received from the following:
(1) A relative within the fifth degree of family, under the civil law computation method, to the officer or employee, or the spouse of such a relative; or
(2) A spouse of the officer or employee, or a spouse's relative within the fifth degree of family to the spouse, under the civil law computation method.
IMMEDIATE FAMILY. A son, daughter, spouse, dependent, as defined by the Internal Revenue Code, parent, parent-in-law, brother, sister, brother-in-law, sister-in-law, step-parent, step-brother or step-sister of an official or employee of the village.
OFFICIAL. A person elected or appointed to serve the Village of Birch Run in any capacity.
PUBLIC SERVANT. All persons serving any public entity, except members of the legislature and state officers who are within the provisions of § 10 of Art. 4 of the State of Michigan Constitution as implemented by legislative act.
VILLAGE. Any authority, department, commission, committee, council, board or any other agency of the Village of Birch Run.
(1992 Code, § 4.003) (Ord. 99-2, passed 3-22-1999)