For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVISORY OPINION. A written opinion offering the board's advice to the requestor in conjunction with its interpretation of the city charter and city ordinances on a matter submitted for that purpose. ADVISORY OPINIONS may be requested only by an officer or employee, city council member or a candidate for city office seeking advice about his or her own current conduct or an anticipated future behavior or activity(ies).
BENEFIT. Anything reasonably regarded as economic gain or economic advance, including BENEFIT to any other person in whose welfare the beneficiary is interested, but does not include a contribution or expenditure made and reported in accordance with law.
BUSINESS ENTITY. A corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust or any other entity recognized by law through which business is conducted.
CITY AGENCY. Any authority, advisory board, body, commission, committee, department, unit, division, or office of the city.
CITY COUNCIL MEMBER. For the purposes of this chapter, means all members of the city council, including the mayor.
COMPLAINT. A formal accusation against an officer or employee, city council member or a candidate for city office alleging unethical or improper actions, behavior or conduct as defined by city charter or city and state law.
CONFIDENTIAL INFORMATION. Privileged statements or communications, whether expressed or implied, oral or written, between the city council member, city employees and their attorneys; work product of the city attorney, or other attorneys representing the city, its council member, officers and employees; and city records, documents and other information not subject to public disclosure or dissemination by law.
DAY OF ASSIGNMENT. The date a complaint is received by the board of ethics, which shall be the date a notarized complaint is filed with the city attorney's office, unless the accused is a candidate, as defined by SDCL 12-27-1(4) for any elected public office, in which case the day of assignment shall be the day following the official canvas of the election in which the accused is a candidate unless the accused candidate requests the board expedite the complaint pursuant to 35.009(e).
EVENT ORGANIZER. The organization that is responsible for actively organizing, planning, and conducting an event.
FINANCIAL INTEREST. An expectation of receiving a pecuniary benefit. A FINANCIAL INTEREST of a person includes any FINANCIAL INTEREST of a member of that person's immediate family. A person has a FINANCIAL INTEREST in an organization in which that person has an ownership interest, or is a director, officer or employee. A person has a FINANCIAL INTEREST in a decision if a financial interest of that person will vary with the outcome of the decision. A FINANCIAL INTEREST does not include the following:
(1) A personal or FINANCIAL INTEREST which is not of the magnitude that would exert an influence on an ordinary reasonable person;
(2) A personal or FINANCIAL INTEREST of a type which is generally possessed by the public or a large class of persons to which person belongs; or
(3) An action or influence which would have an insignificant or conjectural effect on the matter in question.
FUNDRAISING. The raising of funds for the city or a nonprofit organization, other than a political organization or prohibited source as defined in this chapter, through:
(1) Solicitation of funds or sale of items; or
(2) Participation in the conduct of an event by an officer or employee where any portion of the cost of attendance or participation may be taken as a charitable tax deduction by a person incurring that cost.
(3) Participation in the conduct of an event means active and visible participation in the promotion, production, or presentation of the event and includes serving as honorary chairperson, sitting at a head table during the event, and standing in a reception line. The term does not include mere attendance at an event provided that, to the officer's or employee's knowledge, his/her attendance is not used by the nonprofit organization to promote the event. While the term generally includes any public speaking during the event, it does not include the delivery of an official speech sanctioned by his/her department whose subject matter pertains to their official duties, nor does it include any seating or other participation appropriate to the delivery of such a speech. Waiver of a fee for attendance at an event by a participant in the conduct of that event does not constitute a gift for purposes of this chapter.
(4) Personally solicit means to request or otherwise encourage donations or other support either through person-to-person contact or through the use of one's name or identity in correspondence or by permitting its use by others. It does not include the solicitation of funds through the media or through either oral remarks, or the contemporaneous dispatch of like items of mass-produced correspondence, if such remarks or correspondence are addressed to a group consisting of many persons, unless it is known to the official or employee that the solicitation is targeted at subordinates or at persons who are prohibited sources as defined by this chapter. It does not include behind-the-scenes assistance in the solicitation of funds, such as drafting correspondence, stuffing envelopes, or accounting for contributions.
GIFT. Any payment, gratuity, discount, entertainment, hospitality, loan, forbearance, reimbursement, or other tangible or intangible item having monetary value including, but not limited to, cash and cash equivalents, food and drink, travel, and lodging, which are related to, attributable to, or enhanced because of their position as an officer or employee or city council member.
IMMEDIATE FAMILY. Any person related to an officer or employee or city council member within the first degree of consanguinity and includes a spouse, parent, child, or an individual claimed by that individual or their spouse as a dependent for federal income tax purposes.
NOMINAL INTRINSIC VALUE. A rebuttable presumption that a gift is of minimum value and would not exert an undue influence on an ordinary reasonable person.
OFFICER or EMPLOYEE. Any person appointed to, or employed or retained by, any public office or public body of the city, whether paid or unpaid and whether temporary, part-time or full-time.
OFFICIAL ACTION. A decision, recommendation, approval, disapproval, or other action or failure to act which involves the use of discretionary authority.
PROHIBITED SOURCE. Any person or entity who (1) is seeking official action from an officer or employee or the city council or (2) does business with the city or seeks to do business with the city or (3) conducts activities regulated by the city.
WIDELY ATTENDED GATHERING. A meeting, training, seminar, conference, or other event which is reasonably expected to be attended by a number of people (1) who are members of a public, civic, charitable or professional organization, (2) who are from a from a particular industry or profession, (3) who represent persons interested in a particular issue with a diverse set of viewpoints or (4) who are selected for a scholarship or other reimbursement that is competitive and available for a large number of people to apply to be selected. The event must provide an opportunity to exchange ideas and views among invited persons. A WIDELY ATTENDED GATHERING consists of more than mere entertainment. The event may be held virtually or in person.
(Ord. 116-23, passed 12-5-2023)