§ 2-798. Definitions.

For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meaning provided herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.

Agency means the city council and all other agencies, authorities, boards, commissions, committees, departments, and offices of the city, without exception.

Board of ethics means the City of Milton Board of Ethics as formed and described herein.

Business entity means any business of whatever nature regardless of how designated or formed, whether a sole proprietorship, partnership, joint venture, association, trust, corporation, limited liability company, or any other type of business enterprise, and whether a person acting on behalf of, or as a representative or agent of, the business entity.

City official means the Mayor of the City of Milton, the Milton City Council, any member of a board, commission, or authority appointed by the council, the city manager, and any other elected or appointed officer of the City of Milton.

Confidential information means any information that, by law or practice, is not reasonably available to the public.

Council means the Milton City Council, which includes any person who is elected to the council and the mayor.

Employee means all those persons employed on a regular or part-time basis by the city, as well as those persons whose services are retained to fill positions within the city government under the terms of a contract with the city.

Family means the spouse, parents, children, brothers and sisters, related by blood or marriage, cousins, aunts, and uncles of a city official or employee.

Government or city shall be construed to mean the City of Milton, Georgia government.

Governing authority or member of the governing authority means the mayor or any councilmember of the city.

Interest means direct or indirect pecuniary or material benefit accruing to a city official or employee 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, except for such contracts or transactions which, by their terms and by the substance of their provisions, confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. The term "interest" shall not include any remote interest.

For purposes of this article, a city official or employee shall be deemed to have an interest in the affairs of:

(1)

His or her family;

(2)

Any business entity in which the city official or employee is a member, officer, director, employee, or prospective employee;

(3)

Any business entity as to which the stock, legal ownership, or beneficial ownership of a city official or employee is in excess of five percent of the total stock or total legal and beneficial ownership, or which is controlled or owned directly or indirectly by the city official or employee.

Official act or official duties means any legislative, administrative, appointive, or discretionary act of any city official or employee of the city or any agency, board, authority, or commission thereof.

Remote interest means an interest of a person or entity, including a city official or employee, who would be affected in the same way as the general public. For example, the interest of a council member in the property tax rate, general city fees, city utility charges, or a comprehensive zoning ordinance or similar decisions is deemed remote to the extent that the council member would be affected in common with the general public.

Volunteer means a nonpaid person engaging in official city business with the approval of the governing authority.

(Ord. No. 10-09-76, art. 1, § 2, 9-20-2010)