§ 2.90.320. 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.

"Benefit" means anything that is to a person's advantage or self-interest, or from which a person profits, regardless of the financial gain, including any dividend, pension, salary, acquisition, agreement to purchase, transfer of money, deposit, loan or loan guarantee, promise to pay, grant, contract, lease, money, goods, service, privilege, exemption, patronage, advantage, advancement, or anything of value.

"Clerk" means the borough clerk, the deputy borough clerk, and any designee of the borough clerk or deputy borough clerk.

"Compensation" means any money, thing of value, or economic benefit conferred on or received by a person in return for services rendered or to be rendered by the person for another.

"Complainant" means a person filing a complaint with the clerk or director of human resources, as appropriate.

"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 any thing 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.

"Employee" means a permanent, probationary, seasonal, temporary, or casual employee, whether appointed, legislative, administrative, confidential, or classified, and does not include the borough mayor, borough clerk, deputy borough clerk, or assembly members.

"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 chapter 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.

An interest held by a business in which the employee or person listed in paragraph 1 holds a position in business, such as an officer, director, trustee, partner, employee, or the like, or management position.

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.

"Gain" includes actual or anticipated gain, benefit, profit, or compensation.

"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 Kenai Peninsula Borough.

"Immediate family member" means a public official's spouse, children, spouse's children, spouses of children, grandchildren, parents, siblings, grandparents, or a regular member of the public official's household.

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

"Official action" means a recommendation, decision, approval, disapproval, or other similar action, including inaction.

"Parent" includes a biological parent, an adoptive parent, and a stepparent.

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

"Probable cause" means having more evidence that a violation of the code of ethics has occurred than not.

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

"Public official" means any person serving on the assembly, the mayor, the borough clerk, or the deputy borough clerk and any individual serving in an acting capacity in any of these positions.

"Respondent" means the person against whom a complaint is filed with the clerk or director of human resources, as appropriate.

"Source of income" means an entity for which service is performed for compensation or which is otherwise the origin of payment; if the person whose income is being reported is employed by another, the employer is the source of income; if the person is self-employed by means of a sole proprietorship, partnership, professional corporation, or a corporation in which the person, the person's spouse or child, or a combination of them, holds a controlling interest in, the "source" is the client or customer of the proprietorship, partnership, or corporation; if the entity which is the origin of payment is not the same as the client or customer for whom the service is performed, both are considered the source.

"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.

"Substantial financial interest" means an interest that will result in immediate financial gain or financial gain which will occur in the reasonably foreseeable future.

(Ord. No. 2012-34, § 8, 9-18-12; Ord. No. 2010-10, § 1, 4-20-10)