As used in this article the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
AFFECTED. In the case of a person entity or property means that it is reasonably likely that such person, entity or property will be subject to a direct economic effect or consequence, either positive or negative, as a result of a vote, decision, approval of a contract, entering into a contract, granting of a license, granting of a franchise or other action that such is one of the causes producing such economic effect or consequence.
CITY. The City of Eden, North Carolina.
CITY EMPLOYEE or EMPLOYEE. Any person employed by the city, including but not limited to the City Manager, Assistant City Manager, all department heads, deputy or assistant department heads, and all other persons holding positions designated by the city code and the position classification plan and pay plan, unless such person is exempt from the provisions of this article by § 2-223 Exemptions.
CITY OFFICIAL or OFFICIAL. Unless the context clearly indicates a different meaning is intended or unless exempted from the provisions of this article by § 2-223 Exemptions or unless otherwise expressly defined, means the Mayor, members of the City Council, City Clerk, Deputy or Assistant City Clerk, City Attorney, whether such person is hired, appointed or elected, and all other persons holding positions designated by North Carolina General Statutes, the City Charter, or by the City Code.
DECISION. Any ordinance, resolution, contract, permit, franchise, formal action or other matter voted on by the City Council, as well as the discussions or deliberations of the City Council which can or may lead to a vote or formal action by the City Council. DECISION also means any action taken by a city employee in which the employee exercises discretionary authority, including but not limited to the issuance of permits, imposition or collection of fines or fees, authorization for expenditures, and other nonministerial acts.
DISCRETIONARY AUTHORITY. The power to exercise any judgment in a decision or action.
ENTITY. A sole proprietorship, partnership, firm, corporation, professional corporation, holding company, joint stock company, receivership, trust or any other entity recognized by law through or by which business may be conducted.
MINISTERIAL ACT. An act performed in a prescribed manner and not requiring the exercise of any judgment or discretion.
SUBSTANTIAL INTEREST. An interest in another person or an entity if: the interest is ownership of 5% or more of the voting stock, shares or equity of the entity or ownership of $5,000 or more of the equity or market value of the entity; or funds received by the person from the other person or entity either during the previous 12 months or the previous calendar year equaled or exceeded $5,000 in salary, bonuses, commissions or professional fees or $20,000 in payment for goods, products or nonprofessional services, or 10% of the recipient’s gross income during that period, whichever is less; the person serves as a corporate officer or member of the board of directors or other governing board of the for-profit entity other than a corporate entity owned or created by the City Council; or the person is a creditor, debtor, guarantor of the other person or entity in an amount of $5,000 or more.
SUBSTANTIAL INTEREST IN REAL PROPERTY. An equitable or legal ownership of an interest in real property.
(Ord. passed 6-16-92)