§ 6B-4. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

Agency

shall include all permanent and temporary agencies, boards, commissions and departments of the Town.

Business with which he is associated

means any sole proprietorship, partnership, firm, corporation, trust or other entity through which business for profit or not for profit is conducted in which the public official or member of his immediate family is a director, officer, owner, limited or general partner, beneficiary of a trust or holder of stock constituting 5% or more of the total outstanding stock of any class, provided a public official or member of his immediate family shall not be deemed to be associated with a not-for-profit entity solely by virtue of the fact that the public official or member of his immediate family is an unpaid director or officer of the not-for-profit entity. "Officer" refers only to the president, executive or senior vice president or treasurer of such business.

Clear and convincing evidence

means evidence of such quality and weight that causes the Commission to conclude that it is highly probable that a violation of the Code of Ethics has occurred.

Confidential information

means any information not a matter of public record which is obtained by reason of an official's position or employment with the Town.

Final decision

means an action by the Commission that results in the conclusion of all proceedings pertaining to a particular complaint. A probable cause determination is not a final decision.

Financial interest

shall mean any interest which shall yield a direct or indirect monetary or other material benefit to an official. The duly authorized salary or compensation of an official and benefits which inure to all citizens of the Town equally shall not constitute a financial interest.

Officials

shall include all persons holding elected or appointed offices of the Town or of its agencies, whether paid or unpaid, and shall include all full-time and part-time paid employees of the Town or its agencies.

Probable Cause

is evidence that provides reasonable grounds to consider it likely that a violation of this Code of Ethics has occurred. Probable cause is more than a mere suspicion but less than a preponderance of the evidence. To find probable cause there must be knowledge of the facts sufficient to justify a reasonable person in the belief that there are reasonable grounds for prosecuting the complaint.

Respondent

means the Official against whom a complaint regarding his activities has been filed.

Ord. of 10-26-1987; Ord. of 9-12-2005; Ord. of 6-11-2007