§ 3-3. Definitions.

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

Appointed official means any official, staff, employee or contractor who is appointed to a public position by the governing body. Said positions include, but are not limited to, appointed committee members, appointed board members, city attorney, city clerk, city solicitor(s) and municipal court judge(s).

Benefit means anything perceived or intended by either the one who offers it or the one who receives it as being sufficient in value to influence a public servant in the performance or non-performance of an official action, regardless of its monetary value. The term "benefit" includes, but is not limited to, a valuable act, advance, award, contract, compensation, contribution, deposit, employment, favor, fee, forbearance, fringe benefit, gift, gratuity, honorarium, loan, offer, payment, privilege, promise, reward, remuneration, service, subscription, or a future promise of such things.

Business means any corporation, company, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust or other legal entity carrying on an enterprise for profit.

Business transaction means to convey, acquire or lease (for compensation or by gratuity) any personal property, real property, or provide services (for compensation or by gratuity) on behalf of oneself or any third party as an agent, broker, dealer, or representative.

City means the City of Riverdale.

Confidential information means any information which, by law or practice, is not available to the public and that has been obtained in the course of holding public office or employment or any other information that said elected and/or appointed official is not authorized to disclose by law.

Conflict of interest means any personal, professional, pecuniary or non-pecuniary interest that would prevent an elected official from exercising or carrying out an official act, duty or obligation, in an objective, detached and non-partisan manner.

Consultant means any person not a member of the governing authority and who is not an employee of the city who is retained to render personal services of a technical or professional nature, whether paid or unpaid, and who has other personal or private employment. The term "consultant" includes, but is not limited to, attorneys, architects, engineers, surveyors, accountants, brokers, financial advisors, and title abstractors.

Contract means any claim or demand against or any lease, account, or agreement with any person, whether express or implied, executed or executory, verbal or in writing.

Council means a quorum of the council members and/or mayor of the city.

Council member means any person who is an elected city official, including the mayor of the city.

Emergency situation means any circumstance or condition giving rise to an immediate necessity for the execution of a contract by and between the city and a member of the governing authority or between the city and a business in which a member of the governing authority has an interest and where:

(1)

It is shown that there is no person located within a reasonable geographic distance who could have provided the goods and services needed to meet emergency other than the member or the business in which the member has an interest; and

(2)

The necessity was not brought about by the fault or neglect of the person contracting, with the city.

Employee means any person, other than an elected or appointed public officer, employed and paid a salary to work for the city, whether under civil service or not, whether full-time, part-time, or on a contract basis.

Gift means any benefit, thing or act of value which is conveyed to or performed for the benefit of a public servant, partner in interest, or member of the public servant's immediate family, including any advance, award, contract, contribution, deposit, employment, favor, forbearance, present or future promise.

Governing authority or governing body means the mayor and council.

Immediate family means an individual's spouse and parents, children, brothers and sisters.

Interest means any direct pecuniary or non-pecuniary benefit, which is not a remote interest, held by or accruing to a member of the governing authority as a result of a contract or transaction which is or may be the subject of an official act or action by or with the city. A member of the governing authority shall be deemed to have an interest in transactions involving:

(1)

Any person in the member's immediate family;

(2)

Any person with whom a contractual relationship exists whereby the member may receive any payment or other benefit unless the member is receiving a benefit for goods or services in the normal course of business for which the member has paid a commercially reasonable rate;

(3)

Any business in which the member is a director, officer, employee, or shareholder except as otherwise provided herein; or

(4)

Any person of whom the member is a creditor, whether secured or unsecured;

Official act or action means any legislative, administrative, appointive, or discretionary act of the governing authority.

Paid means the receipt of, or right to receive, a salary, a commission, a dividend, or percentage, brokerage, or contingent fee.

Participate means to take part in official acts, actions, or proceedings personally as a member of the governing authority through approval, disapproval, decision, recommendation, investigation, the rendering of advice or the failure to perform a duty or the failure to act; provided, however, abstention required by this document is not participation.

Person means any individual, business, labor organization, representative, fiduciary, trust, or association, whether paid or unpaid, and includes any member of the governing authority.

Property means any property, whether real or personal, or tangible or intangible, and includes currency and commercial paper.

Remote interest means the interest of:

(1)

A holder of less than five percent ownership of the total shares of a legal or beneficial ownership of the total shares of a business; or

(2)

Action of a member in which the member receives a benefit common to residents of the municipality centrally including, but not limited to, the adoption of the general budget and adoption or substantial revision of the land use plan or zoning ordinance of the city.

Transaction means the conduct of any activity that results in or may result in an official act or action of the governing authority of the city.

(Ord. No. 13-2006, § 1, 7-24-06; Ord. No. 12-2007, 8-13-07)