For purposes 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 means 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. For instance, a person or entity owning real property, entering into a contract with the city, or seeking a permit or franchise is affected by votes or decisions such as zoning of the property, approval of the contract, or granting of the permit.
AFFECTED
does not include those persons or entities who are subject to an indirect or secondary effect from official action. Creditors, independent contractors, or guarantors of a person affected by a vote or decision are not also deemed to be affected by virtue of their relationship with the affected person. The vote or decision need not be the only producing cause of the economic effect or consequence reasonably likely to result. In determining whether a person, entity or property is or was affected by a vote or decision, it shall not be necessary to prove the actual existence or occurrence of an economic effect or consequence if such effect or consequence would be reasonably expected to exist or occur. Additionally, a vote or decision to place a matter on a ballot is deemed to affect a person, entity or property to the same extent that the results of the election would effect the person, entity or property.
BUSINESS.
Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, activity or entity.
BUSINESS INTEREST OR BUSINESS WITH WHICH THE INDIVIDUAL IS ASSOCIATED.
(1) A business:
(a) In which the individual is a partner, director, officer; or
(b) In which the individual or a member of the individual's immediate family is a stockholder of closed corporation stock worth $1,000 or more at fair market value or which represents more than a 5% equity interest, or is a stockholder of publicly traded stock worth $10,000 or more affair market value or which represents more than 10% equity interest.
(2) This definition does not include an individual retained or otherwise employed by a client when the employment creates a confidential professional relationship protected by law, unless that individual is a regularly salaried employee for whom the business withholds income tax or pays social security. A partnership or professional corporation whose officers, directors or employees occupy a confidential professional relationship protected by law is also not included. This definition shall not apply to publicly traded stock under a trading account if the official reports the name and address of the stockbroker.
CITY EMPLOYEE OR EMPLOYEE.
Any person employed by the city, but does not include independent contractors hired by the city.
CITY OFFICIAL OR OFFICIAL.
Unless otherwise expressly defined, means the Mayor, members of the City Council, City Administrator, City Clerk, City Attorney, Purchasing Agent, Personnel Officer, Finance Officer, Planning Coordinator/Housing Director, all division and department heads, whether such person is salaried, hired or elected, and all other persons holding appointed positions designated by the City Code, as it may be amended from time to time.
CITY OFFICIAL
also includes individuals appointed by the Mayor and City Council to all city commissions, committees, boards, task forces, or other city bodies unless specifically exempted from this subchapter by the City Council.
DECISION.
Any ordinance, resolution, contract, franchise, formal action or other matter voted on by the City Council or other city board or commission, as well as the discussions or deliberations of the Council, board or commission which can or may lead to a vote or formal action by that body. 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.
INTEREST IN REAL PROPERTY.
An interest in real property involving either an equitable or legal ownership interest regardless of value.
MINISTERIAL ACT.
An act performed in a prescribed manner and not requiring the exercise of any judgment or discretion.
OTHER INTERESTS.
If a city official or employee with regard to a partnership, professional corporation or other entity's interest in a client, has personally acted within the preceding six months in a professional or fiduciary capacity for the client.
(Ord. 2006-O-018, passed 5-8-06)