For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENCY. Any multi-member body created by charter or ordinance of the city and quasi- government or independent agencies, including boards and commissions, created pursuant to state law and properly established or created by the city.
APPOINTEE. Any department head (Director of Administrative Services, Director of Financial Services, City Engineer, Director of Community Development, the Police Chief, the Fire Chief, the Superintendent of Recreation and the General Manager of the Municipal Service Department) or member of a board or commission, whether in a paid or unpaid position for the city, acting in a policy making capacity in the performance of an official duty for the city.
BUSINESS. Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or a service, including, but not limited to, entities operated in the form of sole proprietorship, self-employed persons, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations.
BUSINESS WHICH A PERSON IS ASSOCIATED WITH. Any business in which the person is a director, officer, owner, member, partner or employee.
COMPENSATION. Any payment received for service, performance or participation as a board or commission member of an agency of the city.
COMPLAINANT. Any person who files a written formal complaint as provided in this subchapter.
ELECTED OFFICIAL. The Mayor, any City Council member, the City Clerk, the City Treasurer and the City Assessor.
FINANCIAL BUSINESS, COMMERCIAL OR CONTRACTUAL INTEREST. Any direct or indirect pecuniary or material benefit accruing to an elected official or appointee as the result of a contract, vote or other transaction which is or may be subject to an official act or action by or with the city for purposes of this section. INTEREST shall also include:
(1) An elected official or appointee shall be deemed to have an interest in the affairs of the person’s spouse, children, grandchildren, brothers, sisters, parents and parents of a spouse to the extent provided herein;
(2) Any interest with a current or future value; and
(3) Any interest of a corporation, partnership, franchise, organization or other legal entity organization for profit. However, a CONFLICT OF INTEREST shall not include:
(a) The employment of a spouse, child, brother, sister, parent or parent of a spouse shall not be considered if such employment is in a non-ownership, non-policy making, non-controlling interest or is not in a contract negotiating and monitoring capacity;
(b) Any ownership which is acquired through purchase at fair market value or inheritance of less than 1% of the shares of a corporation, or as a parent, subsidiary or affiliate, is such shares have been registered on a securities exchange pursuant to the Securities Exchange Act of 1934, as amended, being 15 U.S.C. §§ 78a et seq.;
(c) The authorized compensation and fringe benefits paid to an elected official, appointee or civil servant;
(d) A time or demand deposit in a financial institution;
(e) An endowment, insurance policy or annuity contract purchased from an insurance company; and
(f) Service by elected officials and appointees of the city’s Retirement Commission shall not be considered a conflict of interest requiring disclosure.
GIFTS. A payment, subscription, advance, forbearance, rendering or deposit of money, services or any thing of value which exceeds $100 in value, but shall not include campaign contributions.
INTERESTS IN REAL PROPERTY. Any leasehold interests, beneficial interests, vendor’s or vendee’s interests in land contracts, ownership interests or an option to acquire any such interests in real property.
OFFICIAL ACTION, OFFICIAL AUTHORITY or OFFICIAL DUTIES. A decision, recommendation, approval, disapproval or other action, including inaction, which involves the use of discretionary authority.
PUBLIC OFFICE. An elected official or appointee of the city.
PUBLIC OFFICIALS or PUBLIC OFFICERS. Appointees and elected officials of the city.
RESPONDENT. Any person to whom a written formal complaint is directed to by the City Attorney for information or a reply to the formal complaint.
SOURCE OF INCOME. Any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual and any other legal entity; provided, nothing herein shall be construed to require the reporting of individual clients or patients.
(Prior Code, § 2-300) (Ord. 1235, passed 7-18-2005)