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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:

(1) Business means any corporation, limited liability company, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business, whether or not operated for profit.

(2) Compensation means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered by himself or another.

(3) Financial interest means a substantial interest held by an individual which is:

a. An ownership interest in a business;

b. A creditor interest in an insolvent business;

c. An employment or a prospective employment for which negotiations have begun;

d. An ownership interest in real or personal property;

e. A loan or any other debtor interest; or

f. A directorship or officership in a business.

(4) Immediate family means husband, wife, son, daughter, mother, father, step-son, step-daughter, step-mother, step-father, father or mother-in-law, son or daughter-in-law, brother or sister-in-law, grandmother, grandfather, grandchildren, brother, sister, domestic partner, any person with whom he or she is cohabiting, and any person whom he or she is engaged to be married. The term includes any minor children for whom the person or his or her domestic partner provides day-to-day care and financial support. A "domestic partner" is an unmarried adult, unrelated by blood, with whom an unmarried officer or employee has an exclusive committed relationship, maintains a mutual residence, and shares basic living expenses.

(5) Judge or judicial officer means a person with the responsibilities and powers to facilitate, arbitrate, preside over, and make decisions and directions in regard to the application of the law for a state district court or an appellate court. Retired judge means a person who formerly held a position of judge or judicial officer.

(6) Official act or official action means any vote, decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority, including:

a. Any legislative matter, including the drafting, introduction or sponsorship of any ordinance, resolution, amendment, motion, or other matter, whether or not in writing, pending or proposed for consideration by the city council or a committee thereof;

b. Any development application, including the review, recommendation for or against, approval, denial, administration, or enforcement of any permit, site plan, rezoning, variance, or other action that would change the character or appearance of real property and any improvements thereon;

c. The negotiation, review, recommendation for or against, approval, denial, administration, or enforcement, of any contract, purchase order, lease, concession, franchise, grant, business loan, or other obligation to which the City, or any agency or instrumentality thereof, is a party;

d. The enforcement of any laws, ordinances, rules, or regulations;

e. The review, issuance, denial, administration, or enforcement of any benefits or payments, or any permit or license for which the City is the issuing authority;

f. The selection, recommendation, or termination of independent contractors, vendors, concessionaires, or other types of persons or entities to do business with the City; or

g. The hiring or termination of employees or temporary workers.

(7) Official act or official action does not include acts that are purely ministerial (i.e., acts that do not affect the disposition or decision with respect to the matter).

(8) Rule of necessity means that, notwithstanding the fact an elected official has a personal or financial interest in any matter proposed or pending before the city council, the elected official must vote on that matter if necessary to obtain a quorum or otherwise enable the city council to act. (Ord. No. 2019-51, § 1, 8-19-2019)