For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS ASSOCIATE. Includes the following:
(1) A private employer;
(2) A general or limited partnership; or a general or limited partner within the partnership;
(3) A corporation that is family owned or in which all shares of stock are closely held, and the shareholders, owners and officers of such a corporation; and
(4) A corporation, business association or any other business entity in which the city government officer or employee serves as a compensated agent or representative.
BUSINESS CORPORATION. Any corporation, partnership, sole proprietor, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, professional service corporation, or any legal entity through which business is conducted for profit.
CANDIDATE. Any individual who seeks nomination or election to a city municipal office. An individual is a candidate when the individual files a notification and declaration for a nomination for office with the County Clerk or the Secretary of State.
CITY GOVERNMENT AGENCY. Any board, commission, authority, non-stock corporation or other entity formed by the city government or a combination of local governments.
CITY GOVERNMENT EMPLOYEE. Any person, whether compensated or not, whether full-time or part-time, employed by or servicing the city government or city government agency who is not a city government officer, but shall not mean any employees of a school district or school board.
CITY GOVERNMENT OFFICER. Any person, whether compensated or not, whether full-time or part-time, who is elected to any city government office; or any person who serves as a member of the governing body of any city government agency or special taxing or non-taxing district, but shall not mean any officer of a school district or school board.
MEMBER OF IMMEDIATE FAMILY. The spouse, an unemancipated child residing in an individual’s household, or a person claimed by the individual or individual’s spouse as dependent for tax purposes.
RULE OF NECESSITY. The city government, agency or district may make or enter into a contract in which an officer or employee or members of his or her immediate family or a business associate has an economic interest if:
(1) The nature of the transaction and the nature of the interest is publicly disclosed on the record prior to the time it is engaged in; and
(2) A specific finding is made by the city government, agency or district and entered on the official record of the proceedings of the governing body that, notwithstanding the conflict, it is in the best interest of local government because of limited supply, price or documented emergency.
(1992 Code, § 37.01) (Ord. 31-94, passed 10-26-1994; Ord. 01-2011, passed 2-15-2011)