§ 2-555. Definitions and rules of construction.

Whenever used in this chapter, the following terms shall have the following meanings:

Advisor means a person or firm who is not a public employee, the mayor, an elected official, an appointed official, a member of a board or commission, or a contractor, that offers official or professional advice to the city whether it is compensated or uncompensated.

Agency means, where appropriate and unless indicated otherwise, one or all of the following: any department, office, multi-member body, elected official, employee, or person acting or purporting to act in the exercise of official duties.

Appointee means a person holding either a compensated or uncompensated position who was appointed by the city council, but does not include an appointive officer such as the city assessor, city manager, or city attorney.

Appointive office or appointive officer means compensated positions and appointees holding compensated positions appointed by the city council.

City means the City of Jackson.

City council means the Legislative Body of the City of Jackson.

City treasurer means the City Treasurer of the City of Jackson.

Compensation means an economic interest conferred upon or received in return for services rendered or to be rendered.

Confidential information means information obtained by a public employee, the mayor, an elected official, an appointed official, a member of a board or commission, a contractor, or advisor by reason of his or her official position concerning the property, government or affairs of the city or any office, department or agency thereof, not available to members of the public pursuant to the Michigan Freedom of Information Act, (Public Act 442 of 1976, as amended), or other applicable laws, regulations or procedures.

Contractor means a party who, or which, seeks to enter, or enters, into a contract with the City of Jackson for the delivery of goods or services, but does not mean one who seeks to enter, or enters, into a personal services contract, as defined in this section, with the city.

Controlling authorities means those persons identified in section 2-558 to whom inquiries must be directed.

Corrupt conduct means the conduct of a public employee, the mayor, an elected official, an appointed official, a member of a board or commission, a contractor, or an advisor, in carrying out his or her duties, that violates applicable laws or the ethical standards of conduct articulated in this Charter.

Decision making means exercising any discretionary public power to adopt ordinances, regulations or standards, rendering quasi-judicial decisions, establishing executive policy, or rendering a governmental decision as that term is defined in Section 2a MCLA 15.342a, or Public Act 196 of the Public Acts of the State of Michigan of 1973, as amended (MCLA 15.341, et seq.)

Director means the administrative head of any department or agency regardless of the title of a particular director.

Economic interest means any interest valued or capable of valuation in monetary terms.

Elected official means the mayor, each member of the city council, and the city treasurer.

Exercises significant authority means having the ability to influence the outcome of a decision on behalf of the City of Jackson government in the course of the performance of a public employee's duties and responsibilities.

Filling of vacancies means, except as otherwise provided by the City of Jackson Charter, whenever a vacancy occurs in any appointive position, the vacancy shall be filled by appointment (for the unexpired term, if any) in the manner provided for the original appointment.

General election in the city means a city-wide general election regardless of whether its purpose is to fill national, state, county or city offices.

Gift means anything of value given without consideration or expectation of return.

Hire means being employed for a position with the city.

Immediate family member means a public employee, the mayor, an elected official, an appointed official, a member of a board or commission, a contractor, or an advisor's spouse, domestic partner, individual who lives in the public employee's household or an individual claimed by a public employee or a public employee's spouse as a dependent under the United States Internal Revenue Code at 26 USC 1, et seq.

Lobbying means all communications by a lobbyist as defined in this section to a public employee, the mayor, an elected official, an appointed official, a member of a board or commission, a contractor, or an advisor for the purpose of influencing legislative or executive action.

Lobbyist means, with respect to lobbying city government, a person not employed, elected or appointed by the city: (a) whose expenditures for lobbying are more than one thousand dollars ($1,000.00) in value in any 12-month period; (b) whose expenditures for lobbying are more than two hundred fifty dollars ($250.00) in value in any 12-month period, if the amount is expended on lobbying a single public official; or (c) a registered lobbyist under applicable state laws, who lobbies City of Jackson government.

Multi-member body means any board, commission, or other organization of city government.

Official means any person holding any elected office of the city or any appointed, non-employee member of any city board or commission.

Official act means any action, omission, decision, recommendation, practice or procedure of any agency.

Official duties or official action means a decision, recommendation, approval, disapproval, or other action or failure to act which involves the use of discretionary authority.

Person means any individual, entity, corporation, partnership, firm, association, union, trust, estate, and any parent or subsidiary of any of the foregoing, whether or not operated for profit.

Personal services contract means a contract for the retention of an individual to perform services on behalf of the City of Jackson for compensation.

Proceedings means, with respect to city council, any gathering of that body for purposes of conducting the legislative affairs of the City of Jackson. It includes, but is not limited to, hearings, council meetings, committee meetings and other council related activities where the body is required to convene by law or Charter to execute its legislative function, as dictated by law, Charter or ordinance.

Public employee means an individual employed by the city, whether part-time or full-time, but excludes elected officials, contractors, lobbyists, and advisors as defined in this section.

Relative means any spouse, domestic partner, great grandparents, step great grandparents, grandparents, step grandparents, sons, stepsons, daughters, step daughters, grandsons, step grandsons, granddaughters, step granddaughters, brothers, step brothers, sisters, step sisters, and in-laws of a public employee, the mayor, an elected official, an appointed official, a member of a board or commission, a contractor, or an advisor of the city.

Residence means, in reference to qualification for elective office or service on a multi- member body, a person's principal, permanent place of residence. It shall be that place at which a person sleeps a majority of the time, and keeps the majority of their personal effects. If someone has more than one (1) residence, or a residence separate from that of their spouse, the place where the person resides the greater part of the time will be considered their official residence. Any relevant judicial interpretation of these terms shall be applicable.

Retain (distinguishing legal representation other than the city attorney's office) means the temporary hiring of outside legal counsel.

Serving and present means, when calculating an ordinary or extraordinary majority of city council members serving, that vacant city council seats are not included.

Substantial means anything of significant worth and importance, or of considerable value as distinguished from something with little value, social tokenism, or merely nominal. For purposes of this ordinance, anything worth fifty dollars ($50.00) per occurrence or less shall not be deemed substantial; provided, however, in no calendar year shall any combination of gifts to any employee exceed two hundred dollars ($200.00).

Vacancy means that the position of any elected official or appointee is deemed vacant upon death, resignation, permanent disability or dismissal from the position in any manner authorized by law or this Charter.

Voter of the city or city voter means a person who has the qualifications of and is registered as an elector of the City of Jackson under state law.

Ward means a district drawn on a geographical basis, which constitutes a political unit from which members of the city council are elected.

Willful neglect of duty means the intentional failure of a public employee, the mayor, an elected official, an appointed official, a member of a board or commission, a contractor, or an advisor to perform the duties of his office.

(Ord. No. 2015-18, § 2, 11-17-15)