For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISCRETIONARY AUTHORITY. The power to exercise any judgment in a decision or action.
EMPLOYEE. Any person employed by the city, including those individuals employed on a part- time basis, but such term shall not be extended to apply to any independent contractor.
ENTITY. A sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, receivership, trust or any other entity recognized by law through which business may be conducted.
OFFICER OR OFFICIAL. Any member of the City Council and any appointive member of a board, commission, authority or committee set up by ordinance, the charter or state law on a permanent basis, but no members of a board, commission, authority or committee that functions only in an advisory or study capacity and which has no discretionary authority.
REMOTE INTEREST. An interest of a person or entity, including an official, 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 a comprehensive zoning ordinance or other similar decision is a remote interest to the extent that the Council member is affected in common with the general public.
SUBSTANTIAL INTEREST. An interest in another person or an entity if:
(1) The interest is ownership of 5% or more of the voting stock, shares or equity of the entity or ownership of $5,000.00 or more of the equity or market value of the entity;
(2) 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 $5,000.00 in salary, bonuses, commission or professional fees or $20,000.00 in payment for goods, products or nonprofessional services, or 10% of the person’s gross income during that period, whichever is less;
(3) 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
(4) The person is a creditor, debtor or guarantor of the other person or entity in an amount of $5,000.00 or more.
SUBSTANTIAL INTEREST IN REAL PROPERTY. An interest in real property which is an equitable or legal ownership with a market value of $5,000.00 or more.
SUBSTANTIAL INTEREST IN PARTNERSHIPS, PROFESSIONAL CORPORATIONS AND OTHER ENTITIES. If a city official or employee is a member of a partnership or professional corporation, or conducts business through another entity, a substantial interest of the partnership, professional corporation or entity shall be deemed to be a substantial interest of the city official or employee if:
(1) The partnership or professional corporation has fewer than 20 partners or shareholders;
(2) 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; or
(3) With regard to the partnership, professional corporation or other entity’s substantial interest in a client, the official or employee has personally acted within the preceding 24 months in a professional or fiduciary capacity for that client.
(`87 Code, § 2-171) (Am. Ord. 1990-18, passed 11-6-90)