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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)
If a city official or employee is a member of a partnership or professional corporation, or conducts business through another entity, an interest in the partnership, professional corporation, or entity shall be deemed to be a substantial interest of the city official or employee if:
(A) The partnership or professional corporation has fewer than 20 partners or shareholders; or
(B) Regardless of the number of partners or shareholders, the official or employee has an equity interest, share, or draw equal to or greater than 5% of the capital or revenues of the partnership, professional corporation, or other entity.
(Ord. passed 6-16-92)
(A) No city official or employee shall transact any business in his official capacity with any entity in which he has a substantial interest.
(B) No city official or employee shall represent, for compensation, any other private person, group or entity before any department, commission, board or committee of the city.
(C) No city official or employee shall represent, directly or indirectly, any other private person, group or entity in any action or proceeding against the interest of the city, or in any litigation in which the city or any department, commission, or board or committee thereof is a party; provided, however, that nothing herein shall limit the authority of the City Attorney and his staff to represent the city, its boards, commissions, committees and officers.
(D) No city official or employee shall represent, directly or indirectly, any other private person, or any group or entity in any court action or proceeding which was instituted by a city official or employee in the course of his or her official duties.
(E) No city official shall represent any other private person, or any group or entity in any action or proceeding in any court which was instituted by or is arising from a decision of a city board, commission, committee, task force or other body on which the official serves.
(F) No city official or employee shall accept or solicit any gift or favor that might reasonably tend to influence that individual in the discharge of official duties or that the official or employee knows or should know has been offered with the intent to influence or pay for official conduct.
(G) (1) No city official or employee shall solicit or accept other employment to be performed or compensation to be received while still a city official or employee, if the employment or compensation could reasonably be expected to impair independence in judgment or performance of city duties.
(2) If a city official or employee accepts or is soliciting a promise of future employment from any person or entity who has a substantial interest in a person, entity or property which would be affected by any decision upon which the official or employee might reasonably be expected to act, investigate, advise, or make a recommendation, the official or employee shall disclose that fact to the board or commission on which he serves or to his supervisor and shall take no further action on matters regarding the potential future employer.
(H) No salaried city official or employee shall use his official position to secure a special privilege or exemption for himself or others, or to secure confidential information for any purpose other than official responsibilities.
(I) No city official or employee shall use city facilities, personnel, equipment or supplies for private purposes, except to the extent such are lawfully available to the public.
(Ord. passed 6-16-92) Penalty, see § 2-224
(A) A city official or employee may not participate in a vote or decision on a matter affecting a person, entity, or property in which the official or employee has a substantial interest; in addition, a city official or employee who serves as a corporate officer or member of the board of directors of a nonprofit entity may not participate in a vote or decision regarding funding by or through the city of the entity. Where the interest of a city official or employee in the subject matter of a vote or decision is remote or incidental, the city official or employee may participate in the vote or decision and need not disclose the interest.
(B) Remote interest means an interest of a person or entity, including a city official or employee, who would be affected in the same way as the general public. The interest of a Council member in the property tax rate, general city fees, city utility charges, or in comprehensive zoning ordinance or similar decisions is incidental to the extent that the Council member would be affected in common with the general public.
(C) Incidental interest means an interest in a person, entity or property which is not a substantial interest and which has insignificant value.
(D) Disclosure of interest means the disclosure by any city official or employee of a remote interest or an incidental interest is not required, but such disclosure shall not bar that official or employee from participating in a vote or decision, if in fact the interest is remote or incidental.
(Ord. passed 6-16-92) Penalty, see § 2-224
(A) A city official shall disclose the existence of any substantial interest he may have in a person, entity or property which would be affected by a vote or decision of the body of which the city official is a member.
(B) A city official shall disclose his membership on any board of directors, or position as an officer, of any nonprofit entity receiving funding by or through the city, if the city official serves on a city body making a decision or recommendation concerning such funding.
(C) The disclosure requirements of this section shall also apply to any city official making a recommendation to any city body concerning any decision affecting any entity in which the city official has a substantial interest, or concerning any nonprofit corporation in which the city official is an officer or member of the governing body.
(D) To comply with this section, a Council member or city official, prior to the vote or decision, shall publicly disclose in the official records of the body the nature and extent of such interests.
(E) To comply with this section, a city employee shall notify his supervisor in writing of any substantial interest he may have in a person, entity or property which would be affected by an exercise of discretionary authority by the city employee and the supervisor shall reassign the matter.
(Ord. passed 6-16-92) Penalty, see § 2-224
(B) If the spouse of a city official or city employee does business through a partnership or other business entity, the substantial interests of that partnership or business entity shall be deemed under § 2-216 to apply to the city official or employee.
(C) A city official or city employee shall not participate in a vote or decision affecting a substantial interest of a member of the immediate family of such city official or employee as defined by § 10-85(b) of the City Code.
(D) No city official or city employee shall fail to provide information by affidavit or otherwise when required to do so by state laws concerning conflicts of interest. No city official or city employee shall violate any applicable state law provision concerning conflicts of interest.
(Ord. passed 6-16-92) Penalty, see § 2-224
No former city official or former city employee shall use any confidential information to which he or she had access by virtue of his or her official capacity and which has not been made public concerning the property, operations, policies, or affairs of the city, to advance any personal financial interests.
(Ord. passed 6-16-92) Penalty, see § 2-224
The provisions of this article are severable. If any provision of this article or the applications thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provisions or application.
(Ord. passed 6-16-92)
The following officials and employees are exempt from the provisions of this article.
(A) The members of those boards, commissions and committees which are subject to the provisions of and which are regulated by Article III of Chapter 2 of the City Code.
(B) Volunteer members of the Volunteer Fire Department.
(C) Members of the Police Reserve Corps.
(D) Persons who serve without compensation as volunteer members of any temporary advisory committee created by the City Council.
(Ord. passed 6-16-92)
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