For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVISORY GUIDANCE. Ethics advisory guidance given pursuant to § 37.06.
BUSINESS ENTITY. Any business, proprietorship, firm, company, partnership, association, joint venture, trust or corporation which is organized for financial gain or profit.
CLOSE RELATIVE. Mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandmother, grandfather, grandson and granddaughter, and various combinations of “step,” “half” and adopted relationships.
CODE OF ETHICS. The code of ethics adopted by the Town Board of Aldermen.
CONFIDENTIAL INFORMATION. Information which has been obtained in the course of performing a town official’s duties, and which information has not been disclosed to members of the public or is not available to members of the public under G.S. Chapter 132 or other law or regulation and which the town official is not authorized to disclose, including:
(1) Any written information that could lawfully be excepted from disclosure pursuant to state law, unless the town official disclosing it is authorized to do so by state law, or pursuant to some other pertinent law, policy or procedure; and
(2) Information which was obtained in the course of or by means of a record or oral report of a lawful closed session, whether or not the disclosure of the information would violate state law, unless the town official disclosing it is authorized by state law to do so, or unless the town official disclosing it has been properly authorized to disclose it pursuant to an applicable law, policy or procedure; however, when the information is also available through channels which are open to the public, this provision does not prohibit public servants from disclosing the availability of those channels.
ETHICS COMPLAINT. A written statement submitted to the Town Attorney, pursuant to § 37.06, detailing facts and allegations of a possible violation of the code of ethics based upon actual knowledge or information and a reasonable belief.
GIFT. A voluntary transfer of property or anything of economic value to another made gratuitously and without consideration which has a value in excess of $100. Town officials may accept gratuities having a value of less than $100, so long as the gratuity is not intended and does not, in fact, influence any official act of any town official, and is not prohibited by state law. A GIFT includes, but is not limited to, a rebate or discount in the price of anything of economic value, unless the rebate or discount is made in the regular course of business to members of the public without regard to official status.
IMMEDIATE FAMILY. Wife, husband, mother, father, guardian, brother, sister, daughter and son.
INTEREST. A direct or indirect pecuniary or material benefit accruing to a town official as a result of a contract, decision or transaction which is or may be the subject of an official act or action by or with the town. For the purpose of this article, a town official shall be deemed to have an INTEREST in any official act or action affecting:
(1) A town official’s immediate family or close relative;
(2) Any business entity in which the town official is an employee, officer or director;
(3) Any business entity in which an excess of 5% of the stock, or legal or beneficial ownership of the business entity, is controlled or owned directly or indirectly by the town official; or
(4) Any nonprofit organization for which a town official currently is an employee, officer, director or board member.
OFFICIAL ACT OR ACTION. Any legislative, quasi-judicial, administrative, appointive or discretionary act of any town official or the Town Board of Aldermen.
TOWN. The Town of Shallotte, North Carolina.
TOWN OFFICIAL. The Mayor or any member of the Town Board of Aldermen; a member of the Town Planning Board or its Chairperson; or any other member of any town board, commission, committee, or group that advises on or conducts town business in any manner. Town employees shall be governed by the town’s personnel policy and not this code of ethics.
(Ord. 10-17, passed 11-3-2010)