Definitions for City Ethics Rules

For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning. Agency. Any of the following: (1) The City and County of Honolulu; (2) The council and its committees; (3) All departments, offices, boards, commissions, and committees; (4) All independent commissions and other similar establishments of the city government; (5) The board of water supply; (6) The Honolulu Authority for Rapid Transportation; and (7) Any other governmental unit of the city. Business. Any of the following: (1) A corporation; (2) A partnership; (3) A sole proprietorship; (4) Institutions; (5) Trusts; (6) Foundations; or (7) Any other individual or organization carrying on a business, whether or not operated for profit. Compensation. Any of the following: (1) Any money; (2) Thing of value; or (3) Economic benefit conferred on or received by any person in return for services rendered or to be rendered by such person or another. Controlling Interest. An interest that is sufficient in fact to control, whether the interest be greater or less than 50 percent. Financial Interest. An interest held by an individual, the individual’s spouse or minor children that is: (1) An ownership interest in a business; (2) A creditor interest in an insolvent business; (3) An employment, or prospective employment for which negotiations have begun; (4) An ownership interest in real or personal property; (5) A loan or debtor interest; or (6) A directorship or officership in a business. Former Employee. Any person who has served the city in a position involving the taking of official action, as hereinafter defined. Officers and Employees. Shall be given the meaning as prescribed in subsections 3 and 4 of Charter § 13-101 and shall include officers and employees of the board of water supply and the Honolulu Authority for Rapid Transportation; provided that the term officers and employees shall also include officers and employees under a personal services contract with the executive branch of the city as prescribed in subsections (f) and (g) of Charter § 6-1103, or under equivalent contracts with the legislative branch of the city as prescribed in subsection (f) of Charter § 6-1104 and shall also include officers and employees under a personal services contract with the board of water supply and the Honolulu Authority for Rapid Transportation, but excluding independent contractors. Official Act or Official Action. A decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority. )