For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ANYTHING OF VALUE.” Any item, regardless of the form, which could reasonably be considered to provide an advantage or be of worth, use or service to the recipient and which might induce the recipient to engage in some action in exchange for such item. A thing of value for purposes of this subchapter does not include:
(1) Unsolicited tokens or awards with a value of less than $100 in the form of a plaque, trophy, clock, desk or wall memento or decoration or similar item;
(2) Unsolicited advertising items such as calendars, key chains, pens or samples of merchandise with a value of less than $100;
(3) Unsolicited publications with a market value of less than $100 on an annual basis;
(4) Discounts afforded to the general public or specified groups or occupations under normal business conditions;
(5) Campaign contributions, pledges, political endorsements, support in a political campaign or a promise of such endorsement or support received in accordance with applicable state law;
(6) Contributions to any cause or organization, including a bona fide charity, made in response to a direct solicitation from a public servant.
“BENEFIT.” Refers to “anything of value” as defined above.
“BUSINESS ENTITY.” Any corporation, general or limited partnership, sole proprietorship (including a private consultant operation), joint venture, unincorporated association, or firm, institution, trust, foundation, or other organization, whether or not organized for profit.
“CONFIDENTIAL INFORMATION.” All information, whether transmitted orally or in writing, which is of such a nature that it is not, at that time, a matter of public record or public knowledge.
“GIFT.” Anything of value in excess of $100, regardless of the form, received without providing adequate and lawful consideration. It does not include the solicitation, acceptance, receipt, or regulation of political campaign contributions regulated in accordance with provisions of federal, state, or local laws governing campaign finances.
“INTEREST.” Any direct or indirect pecuniary or material benefit accruing to a public servant as a result of a contract, transaction, zoning decision, or other matter which is or may be the subject of an official act or action by or with the city, except for such contracts, transactions, zoning decisions, or other matters which by their terms and by the substance of their provisions confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated.
“KNOWLEDGE.” A person knows, or acts knowingly or with knowledge of:
(1) The nature or attendant circumstances of his conduct when he or she is consciously aware that his conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists;
(2) The result of his conduct, when he is consciously aware that such result is practically certain to be caused by his conduct.
“OFFICIAL ACT or ACTION.” Any legislative, administrative, appointive or discretionary act of any officer or employee of the city or any agency, board, committee or commission thereof.
“PUBLIC EMPLOYEE.” Any person holding a position of employment in the service of the city, who is not a public officer.
“PUBLIC OFFICER.” A person holding any office either by election or appointment in the service of the city, whether paid or unpaid. “PUBLIC OFFICER” shall include, but not be limited to, sworn members of the city police department and the city fire department, and members of any board, committee or commission of the city.
(Ord. 7781, passed 9-5-95)