§ 293-102 — Definitions

Sec. 293-102. - Definitions.

As used in this chapter, the following terms shall have the meanings ascribed to them in this section. Advisory body means an authority, board, commission, committee, task force, or other body designated by any name of the city or county government that is authorized to make only nonbinding recommendations. Agency means an authority, board, branch, bureau, commission, committee, council other than the city-county council, department, division, office, service, or other instrumentality of city or county government that is established by statute, ordinance, executive order, or other law. The term agency includes the office of mayor and the county offices of the assessor, auditor, clerk, coroner, recorder, sheriff, surveyor, and treasurer. The term does not include any advisory body. The term does not include the city-county council or state offices with county jurisdiction, which are the office of county prosecutor and the judges of the circuit court or superior courts; however, all individuals excluded are invited to comply with this ethics code. Appointee means a person, other than an official or employee, who is appointed to an agency, a municipal corporation, or a governmental entity in the county whose budget is subject to the review of the city-county council. Assist or assistance means to help, aid, advise, or furnish information to a person, and includes an offer to assist. Business relationship means: (1) Dealings with an agency by a person who has: a. A financial interest in a contract with, or purchase by, an agency; or b. A license or permit requiring the exercise of judgment or discretion by the agency; or (2) Lobbying activity by a lobbyist, as those terms are defined in section 909-101 of the Code. Candidate for elected office means a candidate for the office of mayor and the county offices of the assessor, auditor, clerk, coroner, recorder, sheriff, surveyor, or treasurer. Compensation means any money, thing of value, or financial benefit conferred on, or received by, any person in return for services rendered, or for services to be rendered, whether by that person or another. Councilor means a member of the city-county council. Employee means an individual, other than a councilor, an official or appointee, who is employed by an agency (other than the city-county council) on a full-time, a part-time, a temporary, an intermittent, or an hourly basis, or via an employment contract. Entertainment means the free admission or token of admission to a sporting contest, concert, theatrical production, convocation, parade, convention, festival, or other similar show or presentation that is intended for the divertissement of members of the public upon paid admission. Ethics commission refers to the city-county ethics commission created under section 293-331. Fair market value means the price that would be paid by a willing buyer to a willing seller in a good faith transaction in which objectively adequate consideration is provided. Financial interest means an interest that will result in an ascertainable increase or decrease in the income or net worth of the official, appointee, or employee or a member of that individual's immediate family, but does not include an interest: (1) Of a councilor, official, appointee, or employee in the common stock of a corporation unless the combined holdings in the corporation of the councilor, official, appointee, or employee, that individual's spouse, and that individual's dependent are more than one (1) percent of the outstanding shares of the common stock of the corporation; or (2) That is held as an asset in a blind trust. Immediate family means an individual's spouse or dependent. Information of a confidential nature means information obtained by reason of the position or office held, and that: (1) A public agency is prohibited from disclosing under IC 5-14-3-4(a); (2) A public agency has the discretion not to disclose under IC 5-14-3-4(b) and that the agency has not disclosed; or (3) Is not in a public record, but if it were, would be confidential. Official means the mayor and the individuals who hold the county offices of the assessor, auditor, clerk, coroner, recorder, sheriff, surveyor, and treasurer. Person means an individual, proprietorship, partnership, unincorporated association, trust, business trust, group, limited liability company, or corporation, whether or not operated for profit, or a governmental entity. Political activity means taking action to support an individual in his or her campaign for elected office, or soliciting contributions for a political party or another candidate for any elected public office. Property means money, real property, personal property, goods, supplies, services, deeds, trade secrets, contract rights, or other interests in or claims to wealth. Relative means any person related as grandfather, grandmother, father, mother, stepfather, stepmother, brother, sister, stepbrother, stepsister, uncle, aunt, husband, wife, son, daughter, stepchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandchild, stepgrandchild, niece, or nephew. Represent means to attend an agency proceeding, write a letter, or communicate with an official, appointee, or employee of an agency on behalf of a person. Sanctions means any of the following actions: (1) Canceling a contract, or barring a person from entering into a contract with an agency for a certain period of time; (2) Making restitution or disgorgement; (3) Removal from office, appointment, or employment; (4) Barring an individual from future employment or appointment with the city or county for a certain period of time; (5) Revocation or suspension of a license, registration, or permit issued by an agency, including but not limited to a lobbyist registration under chapter 909 of the Code, or barring a person from obtaining such a license, registration, or permit for a certain period of time; or (6) Disciplinary action. Travel expenses means the costs of transportation, lodging, and meals. The term includes actual travel expenses or an amount approximating those expenses that would be allowed by travel policies and procedures authorized by the city controller.

(G.O. 55, 2008, § 4; G.O. 31, 2009, § 2; G.O. 45, 2009, § 3; G.O. 102, 2009, § 5; G.O. 55, 2023, § 1)