Division 1. Assembly Code of Ethics

Chapter 6.04
DEFINITIONS

Sections:

6.04.010    Definitions.

6.04.010 Definitions.

Anything of value” means:

1. Anything having a monetary value in excess of $100.00; or

2. Anything, regardless of its monetary value, perceived or intended by either the one who offers it or the one to whom it is offered to be sufficient in value to influence a public official in the performance or nonperformance of an official action; or

3. Anything, regardless of its monetary value, which, under the circumstances, a reasonably prudent person in the position of the public official to whom the thing is or may be offered, would recognize as being likely to be intended to influence the public official in the performance or nonperformance of an official action; and

4. The term “anything of value” includes, but is not limited to, a valuable act, advance, award, benefit, contract, compensation, contribution, deposit, emolument, employment, favor, fee, forbearance, gift, gratuity, honorarium, loan, offer, payment, perquisite, privilege, promise, reward, remuneration, service, subscription, or the promise that any of these things will be conferred in the future.

Board” means the assembly board of ethics.

Clerk” means the borough clerk, the deputy borough clerk, and any designee of the borough clerk or deputy borough clerk. In the event a complaint is filed against the borough clerk or the deputy borough clerk then “clerk,” as used in Chapter 6.20 FNSBC, Procedures, shall mean the borough attorney’s office.

Complainant” means a person filing a complaint with the board of ethics.

Confidential information” means information gained by the borough in the course and scope of its business, including but not limited to personnel, financial and litigation information which is not generally made available to the public, or information concerning the acts of the assembly, including but not limited to executive sessions and ethics hearings not generally made available to the public.

Conflict of interest” means a financial interest or an interest in anything of value, as defined in this chapter, or a professional interest in a relevant matter. It may also include the filing of a complaint by a public official or a member of the board.

Entity” means a group of persons organized for any purpose including but not limited to a corporation, company, partnership, firm, association, organization, joint venture, joint stock company, foundation, institution, government, union, trust, society, church or club.

Financial interest” means:

1. An interest held by a person or entity subject to this division or an immediate family member, which includes an involvement or ownership of an interest in a business, including a property ownership, or a professional or private relationship, that is a source of income, or from which, or as a result of which, a person has received or expects to receive anything of value; or

2. The public official holds a position in an entity, as an officer, director, trustee, partner, or holds a position of management.

This definition, however, shall be interpreted and applied in a manner that distinguishes between minor and insubstantial conflicts that are unavoidable in a free society and those conflicts of interest that are substantial and material. Specifically, a public official shall not be disqualified from participation in matters in which the public official:

1. Has a financial interest which is insubstantial;

2. Has a financial interest that is possessed generally by the public or a large class of persons to which the public official belongs;

3. Merely performs some duty or has some influence which would have insubstantial or conjectural effect on the matter; or

4. Has an interest because it involves compensation and benefits for the performance of public official duties.

Gift” means any benefit or thing or act of value which is conveyed to or performed for the benefit of a public official including any advance, award, contract contribution, deposit, employment, favor, forbearance gratuity, honorarium, loan, payment, service, subscription, or the promise that any of these things or acts of value will be conferred in the future, if such thing or act of value is conferred or performed without the lawful exchange of consideration which is at least equal in value to the thing or act conferred or performed.

Human resources” means persons employed by the Fairbanks North Star Borough.

Immediate family member” means spouse, child (step, biological or adoptive), parent (step, biological or adoptive), sibling, grandparent, father-in-law, mother-in-law, or a regular member of the public official’s household.

Investments” means the acquisition of property or other assets with the expectation of gain.

Person” means and includes a corporation, company, firm, partnership, association, society, organization or business trust, joint venture, as well as a natural person.

Public censure” means an official rebuke, which shall be part of the public records.

Public official” means any person serving on the assembly, the borough clerk, or the deputy borough clerk and any individual serving in an acting capacity in either position.

Respondent” means the person against whom a complaint is filed with the board of ethics.

Subpoena” means a command to appear at a certain time and place to give testimony upon a certain matter. A subpoena duces tecum requires production of books, papers and other things. (Ord. 2016-40 § 37, 2016; Ord. 2013-01 § 2, 2013; Ord. 2006-69 § 2, 2006. 2004 Code § 2.10.330.)