§ 2.08.020. Definitions.

A.

Definitions. The following words and phrases shall have the meanings ascribed to them as follows:

1.

"Business entity" means a corporation, limited liability company, general or limited partnership, sole proprietorship, joint venture, unincorporated association or firm, institution, trust, foundation, or other organization, whether or not operated for profit. "Business entity" does not include a governmental entity.

2.

"Commission" means the City of Annapolis Ethics Commission as established in Section 2.08.030.

3.

"Compensation" means any money or thing of value, regardless of form, received or to be received by any individual covered by this chapter from an employer for service rendered. For the purposes of Section 2.08.070 of this chapter, if lobbying is only a portion of a person's employment, "compensation" means a prorated amount based on the time devoted to lobbying compared to the time devoted to other employment duties.

4.

"Doing business with" means:

a.

Having or negotiating a contract that involves the commitment (either in a single or combination of transactions) of one thousand dollars or more of City controlled funds; or

b.

Being regulated by or otherwise under the authority of the City; or

c.

Being registered as a lobbyist in accordance with Section 2.08.070 of this chapter.

5.

"Elected official" includes the Mayor and members of the City Council.

6.

"Employee" means an individual who is employed by the City of Annapolis. "Employee" does not include an elected official.

7.

"Financial interest" means:

a.

Ownership of any interest as the result of which the owner has received, within the past three years, or is presently receiving, or in the future is entitled to receive, more than one thousand dollars per year in compensation; or

b.

Ownership, or the ownership of securities of any kind representing or convertible into ownership, of more than three percent of a business entity by a City official or employee, or the spouse of an official or employee.

8.

"Gift" means the transfer of anything of economic value regardless of the form without adequate and lawful consideration, whether or not it relates to the performance of official duties. However, "gift" does not include the solicitation, acceptance or receipt of any campaign contributions regulated in accordance with any law pertaining to the conduct of elections or the receipt of political campaign contributions.

9.

"Interest" means any legal or equitable economic interest, whether or not subject to an encumbrance or a condition, which was owned or held, in whole or in part, jointly or severally, directly or indirectly. For purposes of Section 2.08.050 of this chapter, "interest" applies to any interests held at any time during the calendar year for which a required statement is to be filed. "Interest" does not include:

a.

An interest held in the capacity of a personal agent, representative custodian, fiduciary, or trustee, unless the holder has an equitable interest therein;

b.

An interest in a time or demand deposit in a financial institution;

c.

An interest in an insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period;

d.

A common trust fund or a trust which forms part of a pension or profit sharing plan which has more than twenty-five participants and which has been determined by the Internal Revenue Service to be a qualified trust under §§ 401 and 501 of the Internal Revenue Code of 1954;

e.

An interest in a City pension plan, City deferred compensation plan or a college savings plan under the Internal Revenue Code; or

f.

An interest in any mutual fund or exchange-traded fund that is publicly traded on a national scale unless the mutual fund or exchange-traded fund is composed primarily of holdings of stock and interests in a specific sector or area that is regulated by the City of Annapolis.

10.

"Lobbyist" or "lobbying" means the person or act of communicating in the presence of a City official or employee with the intent to influence any official action of that official or employee; or the person or act of engaging in activities having the express purpose of soliciting others to communicate with a City official or employee with the intent to influence that official or employee; and who expends (exclusive of personal travel and subsistence) in excess of two hundred fifty dollars per calendar year on food, entertainment or gifts for any official or employee of the City.

11.

"Official" means an elected official, an employee of the City directly or by contract, or a person appointed to or employed by a City agency, board, commission, or similar entity whether or not paid in whole or in part with City funds and whether or not compensated. Members of the Board of Commissioners of the Housing Authority of the City of Annapolis (HACA), the Executive Director of HACA and the Deputy Director(s) of HACA are part of a separate entity; however, in accordance with State law, and for purposes of the City Ethics law, the individuals in these HACA positions are considered City officials.

12.

"Person" includes any natural person, or business entity.

13.

"Qualified relative" means spouse, siblings, parents, children, and their spouses.

14.

"Immediate family" means a spouse and dependent children, and anyone else living in an official's residence.

(Ord. No. O-41-12 Amended, § I, 6-10-2013, eff. 1-1-2014; Ord. No. O-1-18, 2-26-2018; Ord. No. O-37-18, § I, 11-19-2018)