§ 2-253. Definitions.

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

Administrator means the ethics administrator.

Ad hoc ethics commission appointment panel means the panel consisting of the administrative judge of the county district court, the district attorney of the county and the duly appointed legislative auditor of the county. The panel appoints the five member ethics commission. Membership on the panel shall be voluntary and only for and during their respective terms in office. Any action by the panel shall require a quorum of two members.

Affected means, in the case of a person, entity or property, reasonably likely to be subjected to a direct economic effect or consequence, either positive or negative, as a result of the vote or decision in question. For instance, a person or entity owning real property, entering into a contract with the unified government or seeking a permit or franchise is "affected" by a vote or decision such as zoning of property, approval of a contract or granting of a permit. The term "affected" does not include those persons or entities who are subject to an indirect or secondary effect from official action. Creditors, independent contractors, or guarantors of a person "affected" by a vote or decision are not also deemed to be "affected" by virtue of their relationship with the affected person. The vote or decision need not be the only producing cause of the economic effect or consequence reasonably likely to result. In determining whether a person, entity or property is or was "affected" by a vote or decision, it shall not be necessary to prove the actual existence or occurrence of an economic effect or consequence if such effect or consequence would be reasonably expected to exist or occur. Additionally, a vote or decision to place a matter on a ballot is deemed to affect a person, entity or property to the same extent that the results of the election would affect the person, entity or property.

Business entity means any person, corporation, partnership, independent contractor, sole proprietorship or joint venture organized or existing under the laws of any state, the United States or a foreign country transacting or engaged in commerce, or any type of business operation whether for profit or not for profit.

Business with the unified government means any one or any combination of sales, purchases, leases contracts or grants to, by, from, or with the unified government, or any agency thereof, involving disbursement of $5,000.00 or more on a cumulative basis during any 12-month period. As of the awarding or execution of a contract or lease, the total then ascertainable consideration thereby committed to be paid, regardless of the period of time over which such payments are to be made, shall be included.

Child means and shall include a child, adopted child, stepchild or foster child, of whatever age.

Contribution means any advance, conveyance, deposit, distribution, gift, loan, or payment of money or any other thing of value, but does not include services.

Decision means any ordinance, resolution, contract, franchise, formal action or other matter voted on by the unified government board of commissioners, any unified government board or commission or the ethics commission, as well as the discussion or deliberations thereof that can or may lead to a vote or formal action by that body. A "decision" of a unified government employee means any action in which the employee exercises discretionary authority, including, but not limited to, the issuance of permits, imposition or collection of fines or fees, authorizations for expenditures, and other non-ministerial acts.

Elected official means the mayor/chief executive officer, unified government board of commissioners, sheriff and register of deeds.

Ethics commission means the five-member board appointed by majority vote of the ad hoc ethics commission appointment panel.

Financial interest means:

(1)

Ownership of any interest as the result of which the owner has received within the past three years, or is presently receiving, or is entitled to receive in the future more than $1,000.00 per year; or

(2)

Ownership, or the ownership of securities of any kind representing or convertible into ownership, of more than five percent of a business entity.

Gift means the transfer of anything of economic value regardless of the form without adequate and lawful consideration. The term "gift" does not include the solicitation, acceptance, receipt or disposition of political campaign contributions regulated in accordance with the provisions of federal, state or local law regulating the conduct of elections or the receipt of political campaign contributions. Complimentary admissions to special events, including dinners, athletic, charitable, cultural or political events, or any other occasion or entertainment, when furnished or available to be furnished to all similarly situated unified government representatives are excluded from this definition. The term "gift" does not include gifts from a family member or other relative within the fourth degree of consanguinity or affinity.

Interest means any legal or equitable pecuniary interest, whether or not subject to an encumbrance or a condition, which was owned or held, in whole or in part, jointly or severally, directly or indirectly, at any time during each unified government fiscal year (January 1 through December 31). However, "interest" shall not include an interest held solely in the capacity of a personal representative, agent, custodian, fiduciary or trustee, nor an interest in a time or demand deposit in a financial institution, nor an interest in an insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed number of dollars, either in a lump sum or periodically for life or some other specific period.

Ministerial act means an act performed in a prescribed manner and not requiring the exercise of any judgment or discretion.

Regulate or regulated means subject to the control or governed by the rules and regulations of a unified government agency or required to have a license, permit, or other written authorization from a unified government agency.

Substantial interest means an interest in another person or business entity if:

(1)

The interest is ownership of five percent or more of the voting stock, shares or market value of the equity of the entity or ownership of $5,000.00 or more of the equity of the entity;

(2)

Funds received from the other person or entity either during the previous 12 months or the previous calendar year equal or exceed $5,000.00 in salary, bonuses, commissions, or professional fees or $20,000.00 in payment for goods, products, or nonprofessional services, or ten percent of the person's gross income during that period, whichever is less;

(3)

The person serves as a corporate officer or member of the board of directors or other governing body for the for-profit business entity other than a corporate entity owned or created by the unified government board of commissioners, or

(4)

The person is a creditor, debtor, or guarantor of the other person or business entity in an amount of $5,000.00 or more.

Substantial interest in real property means an interest in real property that is an equitable or legal ownership with a market value of $5,000.00 or more.

Unified government agency means all departments, bureaus, boards, and commissions and persons not embraced in a department who exercise authority comparable to that of heads of departments and bureaus.

Unified government employee means any person employed by the unified government but does not include independent contractors hired by the unified government.

Unified government official unless otherwise expressly defined, includes the mayor/chief executive office (CEO), unified government commissioners, county administrator, deputy county administrator, assistant county administrator, clerks, department heads, deputy departments, deputy department heads, municipal court judges, (including substitute judges) whether such a person is salaried, hired or elected, individuals appointed by the mayor/chief executive officer (CEO) or members of the unified government commissioners and members of all unified government committees, boards, task forces, or other unified government bodies unless specifically exempted from this Code by the unified government board of commissioners, and all other persons holding positions designated by the unified government consolidation plan as it may be amended form time to time.

Unified government representative means elected officials, unified government officials and employees.

(Ord. No. O-75-09, § 1, 10-1-2009)

Cross reference

Definitions generally, § 1-2.