For purposes of this chapter, the words and phrases defined in this section shall have the following meanings:
APPOINTED PERSON.
(1) A person holding one of the following public positions:
(a) Executive branch employee, appointed by the Mayor and confirmed by the Common Council;
(b) Any other person appointed by the Mayor, except persons employed solely in maintenance, clerical, secretarial or similar positions;
(c) Any person appointed by the Common Council, except persons employed solely in maintenance, clerical, secretarial, or similar positions.
(2) An individual or person serving on or for an advisory body shall not be considered an appointed person under this chapter.
CITY. The City of Valparaiso, Indiana.
COMPENSATION. Any payment received or to be received whether the compensation is in the form of a fee, salary, retainer, forbearance, forgiveness, or other form of valuable recompense.
DIRECT LINE OF SUPERVISION. An elected officer or employee who is in a position to affect the terms and conditions of another individual's employment, including making decisions about work assignments, compensation, grievances, advancement, or performance evaluation. The term does not include the responsibilities of the executive, legislative body, or fiscal body of a unit, as provided by law, to make decisions regarding salary ordinances, budgets, or personnel policies of the unit.
ELECTED OFFICIAL. Means any of the following:
(1) The executive or a member of the executive body of the city;
(2) A member of the legislative body of the city; or
(3) A member of the fiscal body of the city.
EMPLOYED. An individual who is employed by a unit on a full-time, part-time, temporary, intermittent, or hourly basis. The term does not include an individual who holds only an elected office. The term includes an individual who is a party to an employment contract with the unit.
EMPLOYEE. Any individual, other than a public official, receiving compensation for services performed for the city except individuals who perform services as independent contractors.
ETHICS. The standards of conduct that indicate how one should behave and act. The standards are derived from the community's values, norms, and principles. This chapter provides guidance for ethical conduct, but it is not intended to set forth all ethical or unethical behavior or actions.
ETHICS COMMISSION. The city Ethics Commission advisory body.
ETHICS OFFICER. The individual appointed as Ethics Officer with the duties and responsibilities as set forth in § 36.22.
FAIR MARKET VALUE. The price that would be paid by a willing buyer to a willing seller in a good faith transaction in which neither party is compelled to enter.
FAMILY MEMBER. Includes a spouse, parent, child, stepchild, adopted child, sibling, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, or daughter-in-law.
GIFT. That which is accepted by a donee or by another on the donee's behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for his or her benefit or by any other means, for which equal or greater consideration is not given. Among other things, a GIFT may be real property; the use of property; tangible or intangible personal property; the use of tangible or intangible personal property; a preferential rate or terms on a debt, loan, goods, or services (which rate is below the customary rate and is not either a government rate available to all other similar situated government employees or public officials or a rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin); forgiveness of indebtedness; lodging or parking, food or beverage; membership dues; tickets to events, performance or facilities; services provided by persons pursuant to a professional license or certificate; other personal services for which a fee is normally charged by the person providing the services; any other similar service or thing having an attributable value not already provided for in this section. GIFT does not include:
(1) Salary, benefits, services, fees, commissions, gifts or expenses associated primarily with the donee's employment or business or provided to the donee by the city, to the extent that such gift is not inconsistent with applicable Indiana statutes;
(2) An award, plaque, certificate, or similar personalized item given in recognition of the donee's public, civic, charitable, or professional service;
(3) An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization;
(4) The use of a public facility or public property, made available by a governmental agency, for a public purpose;
(5) An honorarium;
(6) An expense related to an honorarium event paid to a person or a person's spouse or guest;
(7) Transportation provided to a public official or employee by an agency in relation to officially approved governmental business.
(8) Gifts solicited or accepted from a relative.
HONORARIUM. A payment of money or anything of value, directly or indirectly, to a public official or employee, or to any other person on his or her behalf, as consideration for a speech, address, oration or other oral presentation; or a writing other than a book, which has been or is intended to be published. HONORARIUM does not include:
(1) The payment for services related to employment held outside the public official's public position, which resulted in the person becoming a public official;
(2) Any ordinary payment or salary received in consideration for services related to the public official's or employee's public duties; or
(3) The payment or provision of actual and reasonable transportation, lodging, and food and beverage expenses related to the honorarium event, including any event or meeting registration fee, for a public official or employee and spouse or guest.
MEMBER OF THE FIRE DEPARTMENT. The Fire Chief or a firefighter appointed to the department.
MEMBER OF THE POLICE DEPARTMENT. The Police Chief or a police officer appointed to the department.
NEPOTISM. Favoritism granted to relatives or friends regardless of merit.
PERSON. Individuals or firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, limited liability companies, and all other groups or combinations.
PUBLIC OFFICIAL. Any elected official or department head. An individual or person serving on or for an advisory body shall not be considered a public official under this chapter.
RELATIVE. Means any of the following:
(1) Spouse;
(2) A parent or stepparent;
(3) A child or stepchild. An adopted child of an individual is treated as a natural child of the individual;
(4) A brother, sister, stepbrother, or stepsister. Brother and sister includes a brother or sister by half blood;
(5) A niece or nephew;
(6) An aunt or uncle;
(7) A daughter-in-law or son-in-law.
(Ord. 37-2005, passed 9-11-06; Am. Ord. 18-2011, passed 6-13-11; Am. Ord. 16, 2012, passed 6-25-12)