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The following words, terms and phrases, when used in this chapter, shall have the following meanings ascribed to them, except where the context clearly indicates a different meaning:

Agency” means the assembly, a department, the borough manager’s office, or other entity in or of the government of the borough, including the school district, harbors, and all boards and commissions.

Applicant” means any person, business or organization that is applying for an official action by any official, employee, or body of the borough including but not limited to:

1. Any person authorized to act for the applicant;

2. If the applicant is a business or organization, any person who has an ownership interest in the business or organization or serves as an officer, director or manager of the organization.

Benefit” means anything that is to a person’s financial or personal interest.

Board or commission” means a board, commission, committee, council, task force, or other body or sub-committee thereof, created by charter or the Haines Borough Code, or by the assembly, the mayor or the borough manager. The school board, elected by the public, is not a “board” of the borough assembly for purposes of this title.

Body of the borough” means the borough assembly and the boards, commissions, committees and task forces appointed by the borough assembly or the mayor.

Borough” means the Haines Borough.

Borough manager” means the person who is hired by the borough assembly to manage the Haines Borough.

Borough official” or “official” means a person who holds or has been elected to elective office under the ordinances of the borough, is a member or member-designate of an empowered board or commission, or an appointed borough officer, as defined in HBC 2.04.020(B). This does not apply to members of advisory boards.

Business” means a corporation, company, firm, partnership, sole proprietorship, trust or foundation, or any other individual or entity carrying on a business, whether operated for profit or not for profit.

Child” means a biological child, an adopted child, a stepchild, or a dependent child.

Compensation” means any money, thing of value, or economic benefit conferred on or received by a person in return for services rendered or to be rendered by the person for another.

Employee” means a regular, probationary, seasonal or temporary employee of the borough, other than a borough officer.

Fiduciary duty” is the duty imposed upon an individual in whom another has placed the utmost trust and confidence to manage and protect property or money. One who owes a fiduciary duty to another has an obligation to act for the other party’s benefit.

Financial interest” means:

1. An interest currently held by that person or an immediate family member including:

a. Involvement or ownership in a business; or

b. Property ownership that is a source of income or financial benefit; or

c. Professional or private relationship, or contract, that is a source of income or financial benefit; or

d. An affiliation with an organization in which the person holds a position of management, or is an officer, director, trustee, employee, or the like.

2. Financial interest does not include:

a. Affiliation as unpaid volunteer with a legally recognized nonprofit organization; or

b. Financial interests of a type which are generally possessed in common with all other citizens or a large class of citizens.

Gain” means actual or anticipated gain, benefit, profit, or compensation.

Gratuity” means a thing having value given voluntarily or beyond lawful obligation.

Hired consultants and contractors” means a person, business or organization hired by the borough as an independent contractor and not as an employee.

Immediate family member” means a person’s spouse, life partner or person cohabiting with the person, child or dependent, a regular member of the person’s household, the person’s parent or parent of the person’s spouse or life partner.

Large class of citizens” means a substantially large group of citizen as recognized by the borough assembly. “Large class of citizens” does not include:

1. A single profession, regardless of the number of persons; or

2. An individual business or organization regardless of the number of citizens it contains.

Official action” means a recommendation, decision, approval, disapproval, vote, or other similar action, including inaction (when it is the equivalent of decision to take negative action), made while serving in the capacity of borough official, whether such action or inaction is administrative, legislative, quasi-judicial, advisory, or otherwise.

Organization” means any business, corporation, partnership, firm, company, trust, association, or other entity, whether organized for profit or nonprofit.

Parent” means a biological parent, an adoptive parent, or a stepparent.

Partiality” applies only in quasi-judicial proceedings and means the inability to make an impartial decision because of actual or perceived bias.

Personal interest” means an interest other than a financial interest, and includes any material advantage in the form of a promise, service, privilege, exemption, patronage, or advancement. A borough official shall be deemed to have a personal interest in the affairs of any person, business or organization, if the official owes a fiduciary duty to it.

Political activity” means any act for the purpose of influencing the nomination or election of any person to public office, or for the purpose of influencing the outcome of any ballot proposition or question. Informing the public about a ballot proposition or question without attempting to influence the outcome of the ballot proposition or question is not political activity.

Regular member of the person’s household” means a person who lives in the same household in a family-like relationship. This does not apply to roommates or occasional family visitors.

Subject of the action” means anything under consideration for official action including but not limited to:

1. Appointments to any office or position of employment;

2. Any contract, project, property, or transaction subject to the action;

3. A platting, vacation or subdivision action;

4. An application for or other consideration of a license, permit, appeal, approval, exception, variance, or other entitlement;

5. A rezoning; or

6. Appeals and quasi-judicial proceedings.

Substantial financial interest” means a financial interest that would result in a gain or loss exceeding $1,000 in a single transaction or more than $5,000 in the aggregate in 12 consecutive months. (Ord. 17-10-481 § 4)