§ 46-71. 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:

Agreement means an understanding between two or more persons or entities; a contract.

Appointed means selected and installed in an office or position.

Associated means the condition of being an owner, partner, member, part owner, employee, limited partner, stockholder, director, lender, borrower, or having a financial interest in.

Beneficiary means a person or entity receiving a benefit.

Benefit means an advantage; any improvement in position, finances, power, or influence.

Bona fide union means a labor organization recognized as legally capable of representing members in employment matters with the city.

Business means a commercial or industrial enterprise or establishment, enterprise, store, etc.; work, employment, profession of an individual or group; commerce.

Candidate means someone who seeks or has been proposed for an office, position, or award.

City employee means an employee of the city.

City funds means any funds, money, or monetary rights owned by the city, or under the control of the city in a fiduciary or representative capacity.

City officer means an officer of the city; someone holding an official position of authority with the city; e.g., the clerk of the city, the mayor, the assessor, etc. The term city officer does not include a volunteer not appointed or elected to a city office.

City personnel means individuals working for the city as employees for wages, salary or other agreed benefits.

City property means anything tangible or intangible, including rights, owned by the city or under the control of the city in a fiduciary or representative capacity.

City resources means city property, working hours and the labor of persons performing work for the city.

Class of stock means a separate and distinct set of the shares of corporate capital or the certificates representing such shares, carrying rights distinguishable from other classes.

Collective bargaining means negotiation between organized workers and their employer concerning wages, hours and working conditions.

Conflict of interest means an interest that competes with or is adverse to a legitimate interest of the city.

Consideration means something given or promised in exchange for something else, tangible or intangible, including promises.

Contracts means agreements or mutual understandings supported by present or future consideration.

Contribution means money or aid given to another.

Corporation means a formal legal entity chartered by a state or the federal government, formed by an individual or group of people or entities and having distinct legal existence, rights, and liabilities.

Directly means straight, uninterrupted, immediately causing or leading to.

Director means one who supervises and directs the actions of others or an entity, department, division, or group.

Disposition means management of affairs; orderly arrangement of something.

During the course of city business means while planning, working on, reporting on, or carrying out the affairs of the city.

Elected means chosen by vote of the eligible electors.

Election fraud means a crime consisting of an intentional act which violates the election laws of the state and which act is either designated as fraud by the relevant statute; or involves dishonesty, moral turpitude, the intentional misleading of a person or persons including the general public of a significant and material fact or facts, or is an intentional misuse or subversion of the election process.

Employee means a person working for the city for wages, salary, or other benefits and under the control and supervision of the city as to hours, work standards, and rules of work, etc.

Employment means the condition of being employed; work.

Exchange (as in stock exchange) means an officially recognized and regulated place with a mechanism and set of rules administered for the buying and selling of commodities or rights.

Exchange means to give in return.

Expectation means a looking forward to something; a looking for as due; a thing looked forward to; a reason for looking forward to something; a prospect.

Favor means unfair partiality; an obliging act.

Financial gain means increase in monetary or material wealth or earnings.

Forbearance means the act of forebearing.

Gain means an increase in power, advantage, wealth, possessions, earnings.

Gift means something given without recompense.

Immediate family means mother, father, brother, sister, spouse, child, child's spouse, brother-in-law and sister-in-law.

Incidental means secondary or minor, of little value.

Independent contractor means a person or entity doing work under agreement without the controls over the work and work progress by someone in the position of an employer; the independent contractor determines how and when the work is to be accomplished within the limits of the contract; someone who exercises a great deal of discretion in prosecuting the work; contrast an employee who is directed by the employer.

Indirectly means not straight forward; not immediate; secondary.

Influence means the power of persons or things to affect others.

Interfere means to come between for some purpose; to meddle; or to attempt to determine course or outcome without authority or legitimate purpose.

Legal entity means a person or organization with legal standing, rights and duties apart from anyone else or any other entity.

Limited liability company means a form of corporation created by state statutes; has certain aspects of partnership and different tax attributes from a regular corporation.

Loan means a transfer of money or an item with the expectation and agreement that the thing transferred will be returned, often with the agreement to pay for the use as well as return the original amount or thing.

Lowest qualified bidder means the person or entity submitting the lowest bid price to accomplish a job, while meeting the bid requirements for qualifying to submit bid proposals.

Member means any of the persons constituting an organization or group.

Minor means lesser in size, importance or amount.

Moral turpitude means an act of baseness, vileness or depravity; conduct contrary to honesty, justice or good morals.

Officer means a person holding an office or position of authority in the city government.

Official conduct means action or inaction by an officer or employee acting on behalf of the city.

Ordinary course of law enforcement means includes investigation of suspected wrongdoing.

Owner means the person with the right to dispose of something.

Part owner means an owner of a portion of something.

Partner means a person or entity in the same business enterprise with others that share benefits and risks.

Partnership means an organization of partners for the purpose of conducting an enterprise.

Party means a person or entity that is involved in an agreement, enterprise or endeavor.

Person means a legal entity; a human being.

Person sharing the same living quarters means a human being living with another under the same roof and using common living areas.

Personal gain means advantage or increase in wealth, possessions, power or other benefits for an individual.

Political parties means formal organizations supporting candidates for public office.

Potential conflict of interest means a situation whereby the interests of the city and the interests of someone else will, may, or might become in conflict in the ordinary course of events.

Promise means an agreement to do or not to do something.

Promise of future employment means an agreement concerning the future hiring or the abstention from firing someone.

Public entities means organizations sanctioned or created by government to serve the interests of the public.

Renegotiation means negotiation of new terms for an already agreed to deal.

Renewal means the extension, under (usually) similar terms and conditions of an agreement for another time period.

Represent means to speak and act for someone or some entity by conferred authority; to state as true.

Reward means something given for something done.

Rules of ethical conduct means the provisions of this article.

Significant other means a person living with the subject person under the same roof and using common living areas.

Solicit means to ask or seek; often earnestly; to entice another to do wrong.

Special means out of the ordinary.

Stock means ownership of a corporation; the certificates representing the ownership.

Stockholder means one who owns stock.

To favor means to be partial to; to support; advocate; to help; make easier.

To forbear means to refrain from; abstain; avoid doing.

To transact means something carried out, done, accomplished.

Transaction means a transacting or being transacted.

Trust means a relationship established by giving a trustee nominal ownership of something with the understanding the trustee will administer that received for the benefit of another.

Trustee means a person or entity holding something in trust for another.

Unauthorized person means a person that is not empowered by law, or authorized by law to do a certain act or receive certain information.

Unincorporated association means an organization of persons or entities not operating as a corporation.

Volunteer means someone who enters into any service of his own free will.

(Ord. No. 818, 5-22-1995)

Cross reference

Definitions generally, § 1-2.