§ 18-51. Definitions.

For purposes of this article, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Actual knowledge means actual awareness of facts that constitute a clear violation of this code of ethics.

Affirmative defense means an argument for innocence despite the technical presence of the elements of the violation. The accused has the burden of proving the fact(s) involved in the affirmative defense by a preponderance of the evidence.

County means Shelby County, including all boards, committees, commissions, authorities, corporations or other instrumentalities appointed or created by the county or an official of the county, and specifically including the county election commission.

De minimis means lacking significance or importance; so minor as to merit disregard.

Gratuity means any money, tip, or benefit conferred to an official, employee, or appointee who provides a service for the benefit of the county.

Official, employee, and appointee mean and includes any official, whether an elected or appointed officer or employee of the county and any member of a county board, commission, agency, or authority appointed by the county mayor and/or county commission, and the county employees of said boards, commissions, agencies, and authorities. This definition includes an official, employee, or appointee, whether compensated or not, and/or whether full-time or part-time.

Personal interest means any non-de minimis direct or indirect financial interest of the official, employee, or appointee, or of the official's, employee's, or appointee's spouse or child living in the same household, or such persons in negotiations with a prohibited source, in the matter to be voted upon, regulated, supervised, or otherwise acted upon in an official capacity.

Prohibited source means any person, business, entity or other organization that is seeking official action, decisions or performance or nonperformance of an official, employee, or appointee of the county. Nothing in this code of ethics prohibits an official, employee, or appointee from conducting such county business with, or voting or approving a matter involving, a lending institution whose lending activity is regulated by the state or federal government, solely because that official, employee, or appointee conducts private business with the institution upon the same terms as those granted to the public generally and not otherwise in violation of this article.

Qualified relative means a spouse, child, parent, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first cousin, corresponding in-law, "step" relation, or any member of the employee's household.

(Code 1992, § 12.5-51; Ord. No. 330, att. § 1, 6-25-2007; Ord. No. 371, exh. A, 5-11-2009; Ord. No. 390, exh. A, 3-22-2010; Ord. No. 450, exh. A, 7-21-2014)