§ 2-191. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Action of a governmental entity means any action on the part of a governmental entity or agency thereof including, but not limited to:

(1)

Any decision, determination, finding, ruling, or order, including the judgment or verdict of a quasi-judicial board, in which the governmental entity or any of its agencies has an interest.

(2)

Any grant, payment, award, license, contract, transaction, decision, sanction, or approval, or the denial thereof, or the failure to act with respect thereto; and in which the governmental entity or any of its agencies has an interest.

(3)

As the term relates to a public servant of the city, any disposition of any matter by the mayor, city council or any committees thereof.

Agency means any department, agency, commission or board created by or established in the plan of government for the city, or by ordinance of the city, or under the jurisdiction of the city council by virtue of the plan of government, ordinances of the city or the constitution and laws of the state. Specifically excluded are the judges of the city court and the marshal, but their employees are included.

(1)

For the mayor it shall mean the executive branch of government.

(2)

For the public servants in the office of mayor it shall mean their respective offices.

(3)

For public servants in the legislative branch it shall mean the city council.

Assist means to act in such a way as to help, advise, furnish information to or aid a person with the intent to assist such person.

Board or commission member means any person appointed by the city or their councils, or by the mayor, to serve on any board or commission.

Business means any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, a self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as nonprofit organizations.

Business with which a person is associated means any business in which the person or a member of the person's immediate family is a director, officer, owner, member, partner, employee or holder of stock which has a fair market value of one thousand dollars ($1,000.00) or more, or any business that is a client of the person.

City government means the city and its agencies provided for and established by the plan of government, the constitution or general laws of the state.

Commission means the city commission on governmental ethics.

Compensation means anything of economic value which is paid, loaned, granted, given, donated or transferred or to be paid, loaned, granted, given, donated or transferred for or in consideration of personal services of any legal entity.

Elected official means any person, whether compensated or not, who is:

(1)

Elected as provided for under the plan of government, including, but not limited to, the mayor and members of the city council.

(2)

Specifically excluded are the judges of the city court and marshal.

Gift means a payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of value, unless consideration of equal or greater value is received. "Gift" shall not include a political contribution otherwise reported as required by law, a commercially reasonable loan made in the ordinary course of business, or a gift received from a member of the person's immediate family or from a relative within the third degree of consanguinity of the person or of the person's spouse or from the spouse of any such relative.

Immediate family as the term relates to a public servant means the person's children, brothers, sisters, parents, spouse and the parents of the spouse.

Income means any money or thing of value received, or to be received as a claim on future services, whether in the form of a fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain or any other form of recompense or any combination thereof.

Interest in real property means any leasehold, beneficial interest, ownership interest or an option to acquire any such interest in real property.

Ministerial action means an action that a person performs in a given state of facts, in a prescribed manner in obedience to the mandate of legal authority without regard to, or the exercise of, the person's own judgment upon the propriety of the action being taken.

Participate means to take part in or to have or share responsibility for any city action or proceeding personally as a public servant, through approval, disapproval, decision, recommendation, the rendering of advice, investigation or failure to act or perform a duty.

Person means an individual and any partnership, association, corporation, firm, institution, trust, foundation, or other legal entity (other than an agency), whether or not operated for profit.

Public employee means any person, whether compensated or not, who is:

(1)

An administrative officer or official of any agency of the city who is not filling an elective office.

(2)

A member of the classified or unclassified service of the city.

(3)

A member of the fire or police department of the city.

(4)

Employee of any board or commission created or appointed by the city council and members of the city commission on governmental ethics.

(5)

Engaged in the service of the city on an annual contractual basis, as a consultant or in the performance of a service.

Public official means any elected official or any individual who is responsible for taking or recommending official action of a nonministerial nature with regards to:

(1)

Contracting or procurement;

(2)

Administering or monitoring grants or subsidies;

(3)

Planning or zoning;

(4)

Inspecting, licensing, regulating or auditing any person; or

(5)

Any other activity where the official action has an economic impact or greater than a de minimus nature on the interests of any person.

Public servant means a public employee, public official or elected official.

Responsibility in connection with a transaction involving the city government means the direct administration or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through or with others or subordinates, to effectively direct action of the city government, as the case may be, in respect to such transaction.

Substantial economic interest means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except:

(1)

The interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office.

(2)

The interest that a person has as a member of the general public.

Thing of economic value means money or any other thing having economic value, except food, drink or refreshments consumed by a public servant, including reasonable transportation and entertainment incident thereto, while the personal guest of some person, and includes but is not limited to:

(1)

Any loan, except a bona fide loan made by a duly licensed lending institution at the normal rate of interest, any property interest, interest in a contract, merchandise, service, and any employment or other arrangement involving a right to compensation.

(2)

Any option to obtain a thing of economic value, irrespective of the conditions to the exercise of such option.

(3)

Any promise or undertaking for the present or future delivery or procurement of a thing of economic value.

In the case of an option, promise, or undertaking, the time of receipt of the thing of economic value shall be deemed to be, respectively, the time the right to the option becomes fixed, regardless of the conditions to its performance. Things of economic value shall not include salary and related benefits of the public employee due to his public employment or salary and other emoluments of the office held by the elected official.

Transaction means any proceeding, application, submission, request for ruling or other determination, contract, claim, case or other such particular matter which the employee, official, or board or commission member, knows or should know:

(1)

Is, or will become, the subject of official action;

(2)

Is one to which a governmental entity covered by this article is, or will be, a party; or

(3)

Is one in which the governmental entity covered by this article has a direct interest.

(Ord. No. 1204, 9-18-84)

Cross reference

Definitions and rules of construction generally, § 1-2.