For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFECTED. In the case of a person, entity or property, reasonably likely to be subject to a direct economic effect or consequence, either positive or negative, as a result of the vote or decision in question. AFFECTED does not include those persons or entities who are subject to an indirect or secondary effect from official action.
BUSINESS. A corporation, partnership, sole proprietorship, firm, organization or other legal entity carrying on business.
CITY EMPLOYEE. Every appointed, classified or unclassified person employed by the City who receives compensation in the form of a salary or who is eligible to receive per diem and mileage, but does not include independent contractors hired by the City. The title and use of the term employee shall be synonymous herewith.
CITY OFFICIAL.
(1) The Mayor, City Commissioners, City Manager, Assistant City Managers, City Clerk, Deputy City Clerks, City Solicitor, Assistant City Solicitors, all department heads or deputy department heads and division heads, whether such persons are salaried, hired or elected, and all other persons holding positions established by City ordinance, as they may be amended from time to time.
(2) CITY OFFICIAL, unless otherwise expressly defined, includes individuals appointed by the Board of Commissioners to all City commissions, committees, boards, task forces or other City bodies, unless specifically exempted from this subchapter by the Board of Commissioners.
CONFIDENTIAL INFORMATION. Information which, by law or practice, is not available to the public.
CONTROLLING INTEREST. A financial interest in a business which is greater than 20%.
DECISION.
(1) Any ordinance, resolution, contract, franchise, formal action or other matter voted on by the Board of Commissioners or other City board or commission, as well as the discussions or deliberations of the Board of Commissioners, board or commission which can or may lead to a vote or formal action by that body.
(2) A DECISION of a City employee means any action in which the employee exercises discretionary authority including, but not limited to the issuance of permits, imposition or collection of fines or fees, authorizations for expenditures and other non- ministerial acts.
DISCRETIONARY AUTHORITY. The power to exercise any judgment in a decision or action.
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.
FAMILY MEMBER. A spouse, parent, child, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent or grandchild.
FINANCIAL INTEREST.
(1) Any interest which shall yield, directly or indirectly, any monetary or other material benefit to a City employee or to the City employee’s spouse or minor children.
(2) The term FINANCIAL INTEREST shall not include the employee’s salary or other compensation authorized by law.
IMMEDIATE FAMILY MEMBER. A spouse, an unemancipated child residing in the officer’s, candidate’s or employee’s household, or a person claimed by the officer, candidate or employee, or the officer’s, candidate’s or employee’s spouse, as a dependent for tax purposes.
MINISTERIAL ACT. An act performed in a prescribed manner and not requiring the exercise of any judgment or discretion.
OFFICIAL. All members of boards, commissions and committees, the Mayor and Commissioners and all department directors, division directors and section chiefs.
OFFICIAL ACT. An official decision, vote, approval, disapproval or other action which involves the use of decision-making authority.
SUBSTANTIAL INTEREST. Except as to § 39.03(A), means an interest in another person or an entity that provides a person with decision-making or discretionary powers, such as a manager, supervisor, partner, officer or member of a board of directors or a controlling stockholder; or who derives a substantial part of their annual income from equity of the entity or ownership.
SUBSTANTIAL INTEREST IN REAL PROPERTY. An interest in real property which is an equitable or legal ownership of 20% or more.
(1995 Code, § 2.52.010) (Ord. O-94-33, passed 12-19-1994)