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For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“Appointed officer” means any person appointed to any statutory office or position or any other person appointed to any position of employment with the city. Appointed officers include, but are not limited to, persons serving on special, regular, or full-time committees, agencies, or boards whether or not such persons are compensated for their services. The use of the word “officer” is not intended to make appointed persons or employees “officers” of the municipality.

“Assist” means to act, offer, or agree to act in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice or assistance to such person or business entity and done with the intent to assist such person or business entity.

“Business entity” means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business.

“City-regulated business entity” means any business entity for which Midvale City issues a license, pursuant to any city ordinance, or which the city regulates.

“Compensation” means anything of economic value, however designated, which is paid, loaned, granted, given, donated or transferred to any person or business entity by anyone other than the city for or in consideration of personal services, materials, property or any other consideration whatsoever.

“Economic benefit tantamount to a gift” includes: (1) a loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans; and (2) compensation received for private services rendered at a rate substantially exceeding the fair market value of the services.

“Elected officer” means any person holding the office of mayor or city council member.

“Financial interest” means: (1) a substantial interest; (2) holding a position in a business entity such as an officer, director, trustee, partner, employee, or the like; or (3) holding any position of management in a business entity.

“Gift” means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, an economic benefit tantamount to a gift, or other item having monetary value, unless consideration of equal or greater value is received.

“Governmental action” means any action on the part of the city, including, but not limited to: (1) any decision, determination, finding, ruling or order; (2) any grant, payment, award, license, contract, subcontract, transaction, decision, sanction or approval, or the denial thereof, or the failure to act in respect thereto; and (3) any legislative, administrative, or discretionary act of any public servant or volunteer public servant upon city approval.

“Improper disclosure” means disclosure of private, controlled, or protected information to any person who does not have both the right and the need to receive the information.

“Municipal body” means any public board, commission, committee, or other public group organized to make public policy decisions or to advise persons who make public policy decisions.

“Municipal employee” means any person who is not an elected or appointed officer who is employed on a full- or part-time basis by the city.

“Outside employment” means any employment, activity, or enterprise for compensation, including self-employment, performed by a public servant apart from his or her official assigned duties and required duty times for the city.

“Substantial interest” means the ownership, either legally or equitably, by an individual, his/her spouse, or his/her minor children, of at least ten percent interest in any business entity. (Ord. 2/16/2010O-2 § 1 (Exh. A (part)); Ord. 4/21/2009O-7 § 1 (Exh. A (part)); Ord. 10/02/2007O-14 § 1 (Exh. A)(2.4.702). Formerly 2.16.290)