For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
ASSIST: To act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and done with the intent to so assist such person or business entity.
BLIND TRUST: An independently managed trust in which the public servant-beneficiary or volunteer public servant-beneficiary has no management rights and in which the public servant-beneficiary or volunteer public servant-beneficiary is not given notice of alterations in, or other dispositions of, the property subject to the trust.
BUSINESS ENTITY: A sole proprietorship, partnership, association, joint venture, corporation, limited liability company, firm, trust, foundation, or other organization or entity used in carrying on a business.
CITY REGULATED BUSINESS ENTITY: Any business entity for which the city issues a license or regulates pursuant to any city ordinance or statute.
COMPENSATION: Anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone other than the city for or in consideration of personal services, materials, property, or any other consideration whatsoever, including any forbearance.
COMPLAINT: Any complaint filed against any public servant or volunteer public servant which alleges that the public servant or volunteer public servant violated this chapter.
CORRUPTLY: Any act done with wrongful intent and for the purpose of obtaining or receiving any financial or professional benefit or detriment resulting from some act or omission of a public servant or volunteer public servant that is inconsistent with the proper performance of his or her public duties.
ECONOMIC BENEFIT TANTAMOUNT TO A GIFT: Includes:
A. Any loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans; or
B. Compensation received for private services rendered at a rate substantially exceeding the fair market value of the services.
ELECTED OFFICER: Any person elected or appointed to hold the office of mayor or city council member.
FINANCIAL INTEREST: A. To possess a substantial interest, or
B. To hold a position in a business entity as an officer, director, trustee, partner, or employee or hold any position of management in a business entity.
GIFT: Any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, economic benefit tantamount to a gift, or other item having monetary value, unless consideration of equal or greater value is received. The term does not include a parking pass or free parking: a) for a parking lot if the parking lot is owned by the city; or b) for a parking lot that is not owned by the city, when used for official city business. The term includes gifts of services, training, transportation, lodging, and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred. The term "gift" is subject to the following:
A. Gifts To Relatives Or Others, Attributable To Elected Officer Or Municipal Employee: A gift to a relative of an elected officer or municipal employee, or a gift to any other individual based on that individual's relationship with the elected officer or municipal employee, shall be considered a gift to the elected officer or municipal employee, if: 1) given with the knowledge and acquiescence of the elected officer or municipal employee, and 2) the elected officer or municipal employee knows, or with the exercise of reasonable care should know, that it was given because of the official position of the elected officer or municipal employee.
B. Food Or Refreshment Provided To Dependents: If food or refreshment is provided at the same time and place to both a public servant or volunteer public servant and the spouse, adult designee or dependent thereof, only the food or refreshment provided to the public servant or volunteer public servant shall be treated as a gift for purposes of this chapter.
GOVERNMENTAL ACTION: Any official action on the part of the city, including, but not limited to:
A. Any decision, determination, finding, ruling, or order;
B. Any grant, payment, award, license, contract, subcontract, transaction, decision, sanction, or approval, or the denial thereof, or the failure to act in respect thereto; or
C. Any legislative, administrative, appointive or discretionary act of any public servant or volunteer public servant.
GRANT OF HOSPITALITY OR GESTURE OF FRIENDSHIP: Any grant of lodging, food, or travel expenses, including the grant of gifts and remembrances such as birthday, holiday, or anniversary presents, given on the basis of personal friendship.
LEADERSHIP EXPENSE FUND: Any fund of money established to pay expenses of an elected officer incurred or to be incurred in connection with the elected officer's official duties, including expenditures for:
A. Travel, lodging, food, or entertainment of a spouse, adult designee or other personal companion of the elected officer, if accompanying the elected officer on travel involving official city business;
B. Flowers, cards, or remembrances for funerals, holidays or similar events; or
C. Charitable or eleemosynary gifts or activities clearly disclosed by the elected officer.
LEGAL DEFENSE FUND: Any fund of money established to pay legal expenses of an elected officer which arise in connection with:
A. The elected officer's candidacy for or election to city office;
B. The elected officer's official duties or position in the city;
C. A threatened or actual criminal prosecution of the elected officer; or
D. A civil action bearing on the elected officer's reputation or fitness for office. In no event shall monies in a legal defense fund be spent for a matter that is primarily personal in nature.
MUNICIPAL EMPLOYEE: Any person who is not an elected or appointed officer who is employed by the city as an employee on a full or part time, at will or merit basis.
OUTSIDE EMPLOYMENT: Any employment, activity, or enterprise for compensation, including self-employment, performed by a public servant apart from his or her official assigned duties for the city.
PROFESSIONAL INTEREST: Any interest which:
A. Results in a direct or immediate professional benefit or detriment to a public servant; or
B. Creates a fiduciary duty with respect to a professional interest and is distinguishable from the professional benefit or detriment to the public generally or the public servant's profession, occupation, or association generally. Professional interest provisions do not apply to a public servant's relative.
PUBLIC BODY: Any branch, system, department, division, institution, agency, commission, board, bureau, tribunal, entity, or other unit of government or any quasi-governmental unit of the city.
PUBLIC SERVANT: Any elected officer, any municipal employee, or any other person in a position of employment with the city, whether or not such person is compensated for his or her services, but does not include any volunteer public servant.
REGULATED: Subject to the city's regulatory licensing, permitting, or approval procedures.
RELATIVE: Any spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin of a public servant or of the spouse of a public servant or volunteer public servant, including any step relationship. Any adult designee is considered to be a relative for purposes of this chapter, including the extended familial relationships provided herein.
SELL: The act to sign a bid, proposal, or contract; negotiate a contract; contact any public servant or volunteer public servant for the purpose of obtaining, negotiating, or discussing changes in specifications, price, cost allowances, or other terms of a contract; settle disputes concerning performance of a contract; or engage in any other lawful liaison with a view toward the ultimate consummation of a sale even if the actual contract therefor is subsequently negotiated by another person.
SUBSTANTIAL INTEREST: The ownership, either legally or equitably, by a public servant or volunteer public servant, or his or her spouse or minor child, of at least ten percent (10%) of the outstanding shares of a corporation or a ten percent (10%) interest in any other business entity.
TRANSACTION: Any deal, contract, agreement, arrangement, undertaking, or other matter, including any permit approval, lease, franchise, sale, or purchase.
VOLUNTEER PUBLIC SERVANT: Any appointed person, other than an elected officer, serving on a special, regular, or full time committee, commission, authority, agency, or board of the city, who is not paid a salary or an hourly wage by the city for his or her services thereon.
WAIVER: Any act to grant a waiver of any provision of this chapter which exempts any public servant, including any elected officer, municipal employee, city attorney or volunteer public servant pursuant to section 2.44.180 of this chapter. (Ord. 11-11, 2011)