§ 2-51. Definitions.

As used in this division, the following terms shall have the meanings respectively ascribed to them in this section:

Affinity shall mean those people who are related to each other as a consequence of marriage; relatives falling within the first degree of affinity would include an officer or employee's spouse, father-in-law, mother-in-law, son-in-law, or daughter-in-law.

Benefit means any gift, favor, service or thing of value.

Board shall mean any board, commission, or committee established by city council, Charter, or state law.

Business means any activity engaged in for economic gain, or for charitable, educational, or philanthropic purposes.

Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized in law.

Candidate means a person who files for a city elected office.

Consanguinity shall mean those people who are related to each other by blood or adoption; relatives falling within the first degree of consanguinity would include an officer or employee's father, mother, son or daughter.

Defective as to form shall mean the complainant failed to complete an affidavit of complaint provided by the city secretary in the form approved by the ethics commission.

Election means the process by which individuals, whether opposed or unopposed, seek election to city elective offices.

Employee shall mean any person employed by the governmental entity including those individuals employed on a part-time basis. The definition of "employee" shall not include any independent contractor, persons employed by the city under civil service or persons employed by the city wharves or park board.

Financial interest shall mean:

(1)

A person who owns ten (10) percent or more of the voting stock or shares of the business entity, or owns either ten (10) percent or more or fifteen thousand dollars ($15,000.00) or more of the fair market value of the business entity; or,

(2)

A person who received during the previous year more than ten (10) percent of the person's gross income from the entity; or,

(3)

A person who is an equitable or legal owner of real property with a fair market value of two thousand five hundred dollars ($2,500.00) or more.

Frivolous complaint. A complaint is frivolous when it is clearly insufficient on its face and is presumably filed for mere purposes of delay or to embarrass the person complained against.

Governmental entity shall include the city, city wharves board, or city park board.

Hearing, sufficiency shall mean a commission meeting held within ten (10) days of receipt of a complaint to determine whether the complaint alleges the existence of reasonable grounds to believe that a violation of the code of ethics has occurred. A hearing on the merits of the complaint shall be scheduled if the commission determines that a hearing on the merits is warranted.

Hearing, determination shall mean a hearing on the merits of the complaint where the commission receives evidence and hears testimony to determine whether a violation of the code of ethics has occurred.

Impropriety means conduct that violates or gives the appearance that one (1) or more of the standards of conduct established in the code of ethics has been violated.

Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of their conduct or to circumstances surrounding their conduct when the person is aware of the nature of their conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of their conduct when the person is aware that their conduct is reasonably certain to cause the result.

Principal employer shall mean primary employment and shall include a corporation, partnership, sole-proprietorship, joint venture, individual, or any other legal entity.

Public official shall mean any person who is an elected or appointed official, including any member of a board, commission or committee of the city.

State shall mean the State of Texas.

Working days shall mean days the city is open for business.

(Ord. No. 97-63, § 2, 8-14-97; Ord. No. 98-24, § 2, 4-23-98; Ord. No. 05-052, § 3, 9-8-05)