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The following words or phrases, when used in this chapter, shall have the meanings set forth in this section:

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

1. Any person authorized to act for the applicant;

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

“City official” means a person who holds elective office under the ordinances of the city or is a commission member. “City official” also includes the city clerk and city attorney.

“Commission” means a board or commission established by city council via ordinance.

“Commission member” means a member of a commission whose appointment is subject to confirmation by city council.

“Elected officer” means the mayor and each council member, whether elected or appointed to the office.

“Electronic facilities” means computers, computer software, cell phones, telephones, voice mail, fax machines, photocopiers, tablets, and other electronic communication and information processing facilities owned or leased by the city.

“Employee” means any person who is employed by the city as described in WMC Title 3.

“Financial interest” means an interest in or control of an asset or debt or a position in an organization or business held by a person or a member of that person’s household which may produce or has produced monetary gain or loss. A “financial interest” does not include any interest or control that is the equivalent of or arises from an interest held by all members of the public or a substantial class of persons to which that person belongs as a member of a profession, occupation, industry, or region. An interest in a membership, appointment or unpaid volunteer position with a nonprofit or public entity is not a “financial interest” unless the position is compensated. A mere stipend for meeting attendance or expenses associated with a volunteer position does not constitute compensation.

“Immediate family” means the spouse or domestic partner of the person, or a parent, child, including a stepchild and an adopted child, and sibling of a person if the parent, child, or sibling resides with the person, is financially dependent on the person, or shares a substantial financial interest with the person.

“Impartial” means acting in a manner that the city official believes is in the public’s best interest and not acting to benefit a financial or personal interest of the city official.

“Matter” means a case, proceeding, application, contract, determination, ordinance, resolution, or other legislative measure, or the proposal, consideration, or adoption of an administrative regulation.

“Meal” includes dinner, breakfast, lunch, snacks, desserts, cocktails, or other beverages intended to be consumed in a single sitting.

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

“Partiality” applies only in quasi-judicial proceedings and means:

1. The ability of a member of the quasi-judicial body to make an impartial decision is actually impaired; or

2. The circumstances are such that reasonable persons would conclude the ability of the member to make an impartial decision is impaired and includes, but is not limited to, instances in which:

a. The member has a personal bias or prejudice for or against a party to the proceeding including a party’s lawyer; or

b. The member or an immediate family member is a party, material witness to the proceeding or represents a party in the proceeding.

“Person” means a natural person, corporation or an organization.

“Political activity” means any act for the purpose of influencing the 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.

“Substantial financial interest” means a financial interest that the presiding officer or governing body determines is substantial after weighing the following factors:

1. Whether the financial interest is a substantial part of the consideration;

2. Whether the financial interest will be significantly impacted or changed by the outcome of the official action;

3. Whether the financial interest is immediate and known or attenuated and dependent on factors beyond the official action; and

4. Whether a reasonable person would consider the financial interest significant and would expect a person to take actions and make decisions to protect that financial interest.

Notwithstanding these factors, a financial interest with a value greater than $1,000 is presumed to be “substantial” unless city council or the board or commission taking the official action determines that the financial interest under the specific circumstances is not substantial. (Ord. 22-13(AM) § 2, 2022)