The following definitions are applicable to the City Code of Ethics:
ADMINISTRATIVE OFFICERS: As defined by City Charter, article XIII, section 13-10.
ADVISORY OPINION: A response to an inquiry for consideration by the Commission or an opinion given by the City Attorney's Office to a covered person regarding the applicability of the Code of Ethics to a future action.
CITY: The Municipal government of Colorado Springs, Colorado, and all its enterprises as defined by the Colorado Constitution, article X, section 20 and City Charter, article VII, section 7-90.
CLEAR AND CONVINCING EVIDENCE: Evidence that persuades the fact finder that the contention is highly probable and free from serious or substantial doubt.
COMMISSION: Independent Ethics Commission.
COMPLAINT: A request for an investigation of or report on an alleged violation of the Code of Ethics.
CONFIDENTIAL INFORMATION: Information that is not available to the general public under applicable laws, ordinances, privileges, and/or regulations, and which is obtained by reason of a position or legal relationship with the City.
COVERED PERSONS: Elected officials, administrative officers, employees, independent contractors, volunteers of the City; and members of boards, committees, or commissions appointed by City Council, the President of Council, or the Mayor.
COVERED PERSONS SUBJECT TO HUMAN RESOURCES' JURISDICTION: All other covered persons not subject to the Commission's jurisdiction, including employees, volunteers, and independent contractors.
COVERED PERSONS SUBJECT TO THE COMMISSION'S JURISDICTION: Elected officials; administrative officers; Municipal Court Judges; and members of City boards, committees, or commissions appointed by City Council, the President of Council, or the Mayor.
DIRECT OFFICIAL ACTION: Any action that involves:
A. Negotiating, approving, disapproving, administering, enforcing or recommending for or against a contract, purchase order, lease, concession, franchise, grant, vendor, concessionaire, land use, or any other matter to which the City is a party. "Recommending" shall mean someone in the formal line of decision making for the matter;
B. Enforcing laws or regulations or issuing, enforcing, or administering permits and licenses;
C. Appointing and terminating employees, temporary workers, volunteers, and independent contractors; or
D. Doing research for, representing, or scheduling appointments for an officer, official, or employee, provided that these activities are conducted in connection with that person's job performance.
E. "Direct official action" does not include acts that are purely ministerial, including pro forma signing of documents on behalf of the City and approval as to form. Also, a person who abstains from a vote is not exercising direct official action.
ELECTED OFFICIALS: The Mayor and Council Members.
EMPLOYEE: Any person in the employ of the City or any of its enterprises, agencies, departments, or organizations.
GIFT: A payment, subscription, advance, forbearance, acceptance, rendering or deposit of money, services, or anything of value given, to include food, lodging, transportation, golf or other recreation or entertainment, and reimbursement for other than necessary expenses for official business on behalf of the City, unless consideration of equal or greater value is received.
IMMEDIATE FAMILY MEMBER: A spouse, domestic partner, fiance/fiancee, parent(s), child(ren), brother(s), sister(s), aunt(s), uncle(s), niece(s), nephew(s), grandparent(s), grandchild(ren), great grandparent(s), great grandchild(ren), first cousin(s), including step relatives and in-laws, and an individual who is a member of a covered person's household regardless of familial relationship.
INDEPENDENT CONTRACTORS: Those individuals defined as such by the Internal Revenue Code, in their work for the City.
INQUIRY FOR CONSIDERATION: A request for an advisory opinion from the Commission regarding whether a future action by a covered person subject to the Commission's jurisdiction would be a violation of the Code of Ethics, or the means by which a future action could be taken without violating the Code of Ethics.
PREPONDERANCE OF THE EVIDENCE: Evidence that would cause a reasonable person to conclude that the contention is more probably true than not.
SUBSTANTIAL INTEREST: A situation in which a reasonable person faced with making a decision, after considering the relevant circumstances, would tend to have their decision influenced by a personal or financial stake or consideration.
VOLUNTEERS: Those persons who contribute their services to the City without compensation. (Ord. 11-18; Ord. 15-62; Ord. 16-122; Ord. 19-7)